If the the property I’m renting has been sold for delinquent taxes, doI need to move?

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If the the property I’m renting has been sold for delinquent taxes, doI need to move?

I rented with a 1 year lease almost 2 years ago. The landlord never gave me a new lease. The heat doesn’twork properly, water leaks into 2 rooms and the laminate floor has buckled. He has made no repairs. The notice says the property was sold but that he has another 6 or so months to pay the back taxes and redeem the property. I have been paying $1150 monthly. Do I have a right to legally withhold next month’s rent? I really want to move since this is becoming such a mess.

Asked on September 29, 2011 under Real Estate Law, Illinois

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Since the lease that you signed almost two (2) years ago was for one (1) year, you need to carefully read it to see if there is an automatic extension for another year within it or if not, are you on a month-to-month lease? This written lease signed a ways back most likely will control any obligations owed to you by the landlord and vice versa in the absence of conflicting state law.

If the rental that you are living in was sold at a property tax sale, your former landlord is no longer on title to the property and is no longer your landlord. As such, you have no legal obligation to continue paying rent to the former landlord.

I suggest that you contact the new owner to see what he or she wishes to do with the property. If repairs are the intent, you may wish to stay. Given the circumstances you might consider terminating your lease. The only way you can legally withhold your rent is if you use it to make repairs to the unit.

Good luck.


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