Question:

I am in the process of renting to own property. there is someone using the property

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The person has a verbal agreement with the deceased owner of the property. Daughter has power of attorney over surviving Spouse (Mom)

What can I do to evict this tenant?.

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3 ANSWERS


  1. You will need a written agreement from the Daughter showing you are renting to own (if you don't already have agreement from deceased owner.) Written always overrides Verbal.


  2. in Illinois, unless you have this rent to own agreement recorded prior to the previous owners death, you are out in the cold... Daugter may not do much without a court order..  The person using the property lost his right when it was SOLD to you..  If done by the book, and recorded.

    Good luck,, it may be sold out from under you.. get an ATTORNEY quick.

    Property in probate have funny things happen to them,, from experience.  

  3. What are they using the property for? Crops? If so then they have the right to harvest, but in general since you are a renter at this point and even though it’s a verbal with the other party the other party had rights first, hence the daughter on behalf of the mother needs to terminate those rights; I do not believe you can

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