Tenant Dispute Forum Board

This Topic is a discussion to determine what the best ways are to evict a tenant.  The quicker we can get out a deadbeat tenant, the fast we get a paying one in there!

You can give either a 3, 10 or 30 day eviction notice. If the tenant doesn’t pay then 3 days, if they violate something within the lease agreement (noise violation, etc.) its generally 10 days, 30 days for general reasons.

1. Notify in writing that he has 3 days to pay plus any late charges.
2. If he doesn’t pay notify he that he has 3 days to vacate.
3. If he doesn’t vacate, go to the Clerk of the courts and get an eviction notice filed. File one for each person living there , known or unknown.
-I usually do 2 unknowns.
-Serve it to your tenent personally or leave it taped to the front door. Note what you did. Take a
picture.
-Never give it to a minor.
-You don’t need a lawyer if you own the rental.
-Usually this get them out.
4.They have a certain time to respond to your eviction.
5. If they don’t respond, file a motion to default.
6. File for a “writ of possession”.
-The sheriff has to deliver this and to any one who is in the house. They then have 24 hours to get out
with or without there possessions.
7. The sheriff has to enter the house first with a lock smith and clear it from anyone inside.
8. Any possessions left inside can go to the road, after that its not your problem if the possessions get burned, run over, stolen, etc.  Laws are different in some states, in Illinois, you have to give the person 48 hrs after the sheriff arrives to retrieve their property...definitely BS esp when you have to do everything up to that point and you still give them a final chance.

An attorney will charge anywhere from 500.00 to 3000.00 to do this.

procedures differ state to state but n Illinois (Cook County) Here’s what I did to evict for my rental in Chicago.

1. Give 5 day Pay Rent or Quit Notice (5-day is min required in Illinois).  Send via certified mail as proof of delivery, or hand deliver.

2. Then go to the courthouse either in Downtown Chicago, or Skokie Courthouse and file.  Filing costs $219. No papers needed at this point, just Name and Address of dead beat tenant.  Court date will be issues.  You will get several copies of the complaint.  Put any back rent and any costs on the papers.  There will be a section on there.

3. Serve’m up! Either send another certified mail or go to the Sherrif’s office. Should be an office in the courthouse. In Skokie it was.  I chose to use the Sheriff to serve the papers. Cost $60.  Using a Sheriff is more dramatic and will show the tenant you’re not messing around.

4. Go to court on the day given at the time you filed.  It will be on the initial papers. This is usually two weeks from filing.  No attorney needed.  Here is when you bring required papers. Lease, application, copy of signed certified letter. 

5.  Dead beat tenant should be there.  If not show your signed certified letter.  They will also have a record they were served by the Sheriff.  DO NOT show up in court unless you have proof that they were served.  Judge doesn’t like that.  I learned that from sitting in the courtroom watching everybody before me who didn’t have proof

6.  Dead beat tenant will give a lame excuse to the judge. Judge won’t accept any lame excuses. Request the judge for posession.  Judge will rule the dead beat to pay and to get out in two weeks.

Two weeks later....the cockroaches left. but if they didn’t here’s are the next steps..

7.  Dead beat still in there.  Go back to the Sheriff and tell them dead beat won’t leave.  This can be up to 3-4 months if dead beat doesn’t want to leave.  Sheriff will give a “final” warning, and the cockroaches will eventually leave.  If not, they’ll schedule a visit and toss their stuff outside.

So technically from the 5 day notice it should be about 4 weeks.  If they don’t leave then 4 months tops.  GL! I didn’t need an attorney.

hello,

One would think that if you were renting a property to someone and they failed to pay that you could just kick them out. Unfortunately, that is no so. In an effort to prevent unfair evictions, the laws regarding evictions have become cumbersome and prohibitive at best. Here is the process for evicting a non paying tenant.

hiiiiiiiiiiiiiiiiiiiiiiiiiiiii,

Thank you Bel. I will wait till end of this month by then she had gone one month past AST termination date and she will owe two months rent by then , I will apply to the court for Accelarated eviction. But I understand that LL can’t claim tenant for any rent arrears in this process, only legal cost. If that is the case I will loose £2400 .

We have a long standing tenant (14 years) in our private house. His rent has always been below the market value for the area but we decided a decent tenant (meaning while he may not always be on time with the rent, he has never caused problems or damage to the property) was worth more then the extra money.

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This is the most comprehensive set of Internet resources for landlords who need to evict a tenant, or have already evicted tenants and want to avoid going through it all over again.
Each of the 50 states is a sovereign entity, and each has its own procedure for in listing the assistance of the law in dispossessing a tenant. All share the common feature of notice and an opportunity for the tenant to be heard before a law officer removes them from the property, i.e., due process.  Evictions, with a few exceptions, start with a notice of some sort, giving the tenant an opportunity to do certain things or move, or simply to move within a limited time.  It is this notice that places the tenant in the position of wrongfully withholding possession of the rental unit from the owner and gives the law the authority to come to the owner’s aid.  There are many protections under the law for tenants as there are many legal rights that can be easily exercised by landlords to evict tenants who fail to comply with the any oral or written rental or lease agreement.

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We have a long standing tenant (14 years) in our private house. His rent has always been below the market value for the area but we decided a decent tenant (meaning while he may not always be on time with the rent, he has never caused problems or damage to the property) was worth more then the extra money.

Our son is getting married this summer and we would like to give him the apartment. We informed the tenant on February 17th (he was late with the rent again) we needed the apartment June 1st. We told him instead of paying us he could use the next 3 months rent toward any costs incurred in his move.

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The Estoppel Certificates are something that many agents/investors tend to overlook. In my experience, 90% of the agents I have worked with do not even know what they are!!!

Take Mike’s advice, always look at the leases, and always demand an Estopple Certificate as conditions to the deal.

It also makes for a nice contingency in an offer!

Simply state that you must have a specified amount of time to review the leases, and the leases must meet your approval. (Notice that there is no definition as to what your approval actually is).