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| Eviction https://mail.chicagofanatics.com/viewtopic.php?f=47&t=100745 |
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| Author: | Cashman [ Mon Jun 06, 2016 5:13 pm ] |
| Post subject: | Eviction |
Does anyone have experience with evicting a tenant in Dupage? Long story short. We rented to a woman with an 11 month lease. She failed to vacate, and has been occupying for the past 6 fays without a lease. We sent her the 30 day notice we were not renewing before the lease was up. Followed up with a call, and sounded like she was leaving. When she failed to vacate we left a 5 day vacate notice. Went to the court house today to pick up the paper work for a forceful entry. Once filed, how long would it take to get a court date? How long after the judge rules can we get her out? Can I sue for legal fees as well as missed rent because of he occupancy? |
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| Author: | Curious Hair [ Mon Jun 06, 2016 5:16 pm ] |
| Post subject: | Re: Eviction |
Cashman wrote: Does anyone have experience with evicting a tenant in Dupage? I dunno, I think this board's expertise these days lies with evicting a tenant from the internet. |
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| Author: | leashyourkids [ Mon Jun 06, 2016 5:29 pm ] |
| Post subject: | Re: Eviction |
Set the house on fire. |
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| Author: | Peoria Matt [ Mon Jun 06, 2016 5:30 pm ] |
| Post subject: | Re: Eviction |
MOVE !!!....oh, wait a minute. Nevermind. |
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| Author: | Nas [ Mon Jun 06, 2016 5:30 pm ] |
| Post subject: | Re: Eviction |
I think these things take a while in Cook and I imagine it isn't much different in Dupage. |
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| Author: | pittmike [ Mon Jun 06, 2016 5:50 pm ] |
| Post subject: | Re: Eviction |
Shouldn't the people you filed with answered this? |
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| Author: | Cashman [ Mon Jun 06, 2016 6:07 pm ] |
| Post subject: | Re: Eviction |
pittmike wrote: Shouldn't the people you filed with answered this? My wife and I are.doing this ourselves, but we couldn't technically file until 5pm today. When I picked up paperwork, the clerk really had no answers. |
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| Author: | DannyB [ Mon Jun 06, 2016 10:26 pm ] |
| Post subject: | Re: Eviction |
Good idea. As seen on TV, judges love pro se litigants. |
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| Author: | OtherBrother [ Mon Jun 06, 2016 10:35 pm ] |
| Post subject: | Re: Eviction |
offer to help with her a security deposit on a new place + a moving van to get her out of your place and make her someone else's problem. |
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| Author: | Chus [ Tue Jun 07, 2016 7:45 am ] |
| Post subject: | Re: Eviction |
OtherBrother wrote: offer to help with her a security deposit on a new place + a moving van to get her out of your place and make her someone else's problem. That's not a bad idea. Cut your losses. I believe that somebody could squat in the place for 18 months or so, after filings and appeals, and what not. |
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| Author: | Cashman [ Tue Jun 07, 2016 7:52 am ] |
| Post subject: | Re: Eviction |
Chus wrote: OtherBrother wrote: offer to help with her a security deposit on a new place + a moving van to get her out of your place and make her someone else's problem. That's not a bad idea. Cut your losses. I believe that somebody could squat in the place for 18 months or so, after filings and appeals, and what not. I do not disagree. The thing that doesn't make sense is, her lease ended. Not like she violated, and I am evicting her. After convincing the wife, we are seeking legal representation. |
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| Author: | SomeGuy [ Tue Jun 07, 2016 7:58 am ] |
| Post subject: | Re: Eviction |
leashyourkids wrote: Set the house on fire. This is probably the best option. |
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| Author: | pittmike [ Tue Jun 07, 2016 7:59 am ] |
| Post subject: | Re: Eviction |
Has she said she is not leaving? Or is she just a bit lazy and slow moving? Maybe offering to help her get somewhere else is faster as said above. |
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| Author: | Hussra [ Tue Jun 07, 2016 8:02 am ] |
| Post subject: | Re: Eviction |
Cashman wrote: Chus wrote: OtherBrother wrote: offer to help with her a security deposit on a new place + a moving van to get her out of your place and make her someone else's problem. That's not a bad idea. Cut your losses. I believe that somebody could squat in the place for 18 months or so, after filings and appeals, and what not. I do not disagree. The thing that doesn't make sense is, her lease ended. Not like she violated, and I am evicting her. After convincing the wife, we are seeking legal representation. pay a lawyer thousands when she'd prolly speedy gonzalez it out of there if you dangled a fistful of Tubmans in front of her face? I wouldn't just hand her cash, well, not all of it. If she has another place, help pay the sec dep direct to her new landlord. and pay to rent the truck to move her. |
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| Author: | JORR [ Tue Jun 07, 2016 8:04 am ] |
| Post subject: | Re: Eviction |
Cashman wrote: After convincing the wife, we are seeking legal representation. Good idea. I don't know about DuPage, but in Cook County the RLTO favors the tenant to a substantial degree. There are law firms that have guys standing outside the courtrooms grabbing tenants as clients. If the landlord did one thing wrong he's going to have to pay the tenant's legal fees. Most of these small guys don't have the security deposits segregated like they're supposed to. I've seen a tenant slash the screens in his apartment and then blame the landlord for not having proper screens and the judge ruled in favor of the tenant. Fuck you, landlord. Frankly, you could probably do worse than offering to pay for her moving costs. |
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| Author: | Chus [ Tue Jun 07, 2016 8:15 am ] |
| Post subject: | Re: Eviction |
Cashman wrote: Chus wrote: OtherBrother wrote: offer to help with her a security deposit on a new place + a moving van to get her out of your place and make her someone else's problem. That's not a bad idea. Cut your losses. I believe that somebody could squat in the place for 18 months or so, after filings and appeals, and what not. I do not disagree. The thing that doesn't make sense is, her lease ended. Not like she violated, and I am evicting her. After convincing the wife, we are seeking legal representation. I'm on your side, as it appears that you are 100% in the right, here. Just saying that the legal process can really drag its feet. If she squats for 6-12 months, or more, you are fucked. Maybe the help with security deposit, and moving van will get her on her way. Seeking legal counsel should have been the first move. |
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| Author: | Cashman [ Tue Jun 07, 2016 8:18 am ] |
| Post subject: | Re: Eviction |
pittmike wrote: Has she said she is not leaving? Or is she just a bit lazy and slow moving? Maybe offering to help her get somewhere else is faster as said above. We sent her the 30 day end of lease letter, and my wife called at the end of April. She told my wife, she was a good renter, blah blah blah. My wife said, if you need a reference, we can provide one. She declined. 5 days before lease ends, wife calls her, to schedule a day to grab keys. No answer from text or phone call. Lease ends, we serve the condo on the door with a 5 day leave the property. No answer from her. Yesterday, I go to the dupage court to pick up the documents for a forceful entry. My wife calls her, she answers and says, I am not moving I do not have money for a security deposit. I hear, this can take a while(many months). The condo is wayyyy under water, I really do not want to eat into my saving, so I need to figure out what to do. |
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| Author: | Hussra [ Tue Jun 07, 2016 8:20 am ] |
| Post subject: | Re: Eviction |
is she still paying the rent at least? if so, you're in a lot better shape than most in this situation. |
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| Author: | Hussra [ Tue Jun 07, 2016 8:21 am ] |
| Post subject: | Re: Eviction |
Chus wrote: I'm on your side, as it appears that you are 100% in the right, here. Just saying that the legal process can really drag its feet. If she squats for 6-12 months, or more, you are fucked. Maybe the help with security deposit, and moving van will get her on her way. Seeking legal counsel should have been the first move. Or a PM to Beardown. |
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| Author: | Frank Coztansa [ Tue Jun 07, 2016 8:22 am ] |
| Post subject: | Re: Eviction |
You could let the condo go into forclosure. That might not be a real good option, but it is an option nonetheless. |
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| Author: | Hussra [ Tue Jun 07, 2016 8:24 am ] |
| Post subject: | Re: Eviction |
Also, don't let the wife talk to her. all bitches hate each other. |
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| Author: | K Effective [ Tue Jun 07, 2016 8:25 am ] |
| Post subject: | Re: Eviction |
Just write it off. |
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| Author: | Cashman [ Tue Jun 07, 2016 8:26 am ] |
| Post subject: | Re: Eviction |
Hussra wrote: is she still paying the rent at least? if so, you're in a lot better shape than most in this situation. No, the lease is up. If we accept money, the lease reups, which is starting to become an option. |
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| Author: | Cashman [ Tue Jun 07, 2016 8:27 am ] |
| Post subject: | Re: Eviction |
Hussra wrote: Also, don't let the wife talk to her. all bitches hate each other. The wife owns the property, not I. Plus the renter doesn't like me. I am not a nice person. |
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| Author: | Cashman [ Tue Jun 07, 2016 8:28 am ] |
| Post subject: | Re: Eviction |
Frank Coztansa wrote: You could let the condo go into forclosure. That might not be a real good option, but it is an option nonetheless. I asked on one of those legal websites if that happened. They said, the bank can come after us, and issue a lien on her pay. |
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| Author: | Cashman [ Tue Jun 07, 2016 8:28 am ] |
| Post subject: | Re: Eviction |
K Effective wrote: Just write it off. Only thing, I think I can write off is the associate fees. |
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| Author: | Hussra [ Tue Jun 07, 2016 8:28 am ] |
| Post subject: | Re: Eviction |
if this tenant lady has in fact been a good tenant, you might find that another landlord will work with her on the sec dep. maybe you thro 25% in up front and the lady pays the rest of it monthly on top of her rent, until she's paid enough to equal the new LL's sec dep requirement. good tenants, clean, quiet and pay on time, are not easy to find. check the listings in her area and maybe call up and explain the situation (you're underwater, need to have her not be there anymore, she's a good tenant, yadda) |
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| Author: | Brick [ Tue Jun 07, 2016 8:31 am ] |
| Post subject: | Re: Eviction |
Cashman wrote: Frank Coztansa wrote: You could let the condo go into forclosure. That might not be a real good option, but it is an option nonetheless. I asked on one of those legal websites if that happened. They said, the bank can come after us, and issue a lien on her pay. Based on someone I know, they would destroy your credit but they can't force you to pay for the loan. In fact, if you stopped paying, they'd almost certainly offer you a lower monthly rate. As for this tenant, your best bet is to work nicely with her to get her to leave. If that means you have to give her some money and hire a moving truck then that is what you do. |
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| Author: | Cashman [ Tue Jun 07, 2016 8:32 am ] |
| Post subject: | Re: Eviction |
Hussra wrote: if this tenant lady has in fact been a good tenant, you might find that another landlord will work with her on the sec dep. maybe you thro 25% in up front and the lady pays the rest of it monthly on top of her rent, until she's paid enough to equal the new LL's sec dep requirement. good tenants, clean, quiet and pay on time, are not easy to find. check the listings in her area and maybe call up and explain the situation (you're underwater, need to have her not be there anymore, she's a good tenant, yadda) More bad, than good. Let us say, she is a lower class of people. She is fairly clean, but is taking advantage(more people in condo than on lease). Paying under what the going rate is, and picking up rent is ridiculous. It is hit or miss. |
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| Author: | Nas [ Tue Jun 07, 2016 8:32 am ] |
| Post subject: | Re: Eviction |
Why do you want her out? |
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