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Court costs and attorneys fees are not the same thing

Q. I was a tenant in a guy's condo for a couple years. I lost my job and couldn't keep up with the rent. Eventually, the landlord sued to have me evicted. We went to court and the judge gave me two weeks to move out. The judge also said I had to pay him $850.

I am now employed and I have paid him his $850. Yesterday I received a letter from him saying he spent $900 on his attorney and he also wants that money. He says it's in the lease that I have to pay his attorneys fees.

I don't remember the judge saying anything about attorneys fees. Do I owe him this money also?

A. The fact that a clause exists in the lease requiring you to pay attorneys fees in the event of an eviction is irrelevant. What is relevant is the order that was entered when you were in court. It sounds like an Order for Possession was entered, requiring you to vacate the unit within 14 days.

It also appears the judge determined that you owed $850 for unpaid rent. Is there an additional provision in the court order regarding attorneys fees? If not, all you owe your ex landlord is the $850 and probably his court costs, though that must also be spelled out in the order. Court costs do not include attorneys fees.

Q. I filed a residential appeal with Lake County to have my 2015 real estate tax assessment reduced. My appeal with Lake County was denied. I then filed an appeal with the Property Tax Appeal Board. Although it took about a year and a half, they finally determined I was entitled to a significant reduction in my tax assessment. Now I am wondering about my 2016 tax bill, which I have already paid. Can I still appeal that assessment?

A. You have 30 days from the date of the Property Tax Appeal Board's ruling to appeal any subsequent years tax bill. Visit the Property Tax Appeal Board's website for further information.

Q. My dad died a number of years back and a couple years later, my mom added me as an owner of their house. Now my mom has passed away. Is there anything I need to do to establish that I am the rightful owner of this property?

A. Probably not. However, it would probably be wise to have an attorney review the record regarding your property to ensure all is well. In particular, he or she would want to review the deed that put you in title. The question is … when your mom added you to the title, did she add you as a joint tenant or a tenant in common?

If she added you as a joint tenant, you are likely the sole owner because a surviving joint tenant takes a deceased joint tenant's share. However, if she added you as a tenant in common, you were granted a certain percentage of the property. Mom retained the remaining interest, which she could then pass along to anyone she chooses. If she had a will or trust, those documents would likely dictate who would inherit her share. If she did not do any such planning, the state of Illinois would dictate who receives her share through the intestacy provisions of the Probate Act. Intestacy refers to someone who dies without a will or other planning documents.

• Send your questions to attorney Tom Resnick, 345 N. Quentin Road, Palatine, IL 60067, by email to tdr100@hotmail.com or call (847) 359-8983.

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