What can you do if tenant still does not move out after settlement? (Chicago: section 8, renters)

[lincolnparker]

Thank you all for the advice!

Yeah. Previously, I did settle with the tenants attorney, who agreed that tenants move out by April 1 and I withdrew my case in court.

However came April 1, the tenants are still living in my condo, with no signs of leaving.

So now I have to go to court and re-open this case? Tenants have filed a jury trial alleging that I failed to maintain the apartment. In all honest, I did ignore minor cosmetic maintainence requests that I believe the tenants could fix themselves with ease, such as blinds, and lights.

So what would be the best course of action for me now? Should I go to court and file charge again? How soon will I be able to get them out from there?

[Manigault]

1. Time to settle! Throw some money at them to get them out.

2. When you dismissed the case did the court order them to leave? Or was this just an oral agreement? If its a court order your tenants are in contempt -- file a petition for a rule to show cause. If it was an oral agreement, sue to enforce the contract and that stuff about you not keeping up the place is irrelevant.

3. See #1.

4.

Originally Posted by IllNoize

You don't need an attorney to do any of this.

Actually, the technicalities are myriad and varied. A tenant with a lawyer WILL WEAR YOU OUT! I once proved in court that the landlord did not own the property (her corporation did). In certain circumstances, that means the landlord must be represented by an attorney -- she could not do it herself. See? Highly technical.

[Rickers]

Few landlords do this but I think it's a good idea. When sending an eviction notice or any other notice for that matter, have a notary public read and stamp the letter and mail it so you get a receipt signed by the renter. That way the renter can't claim that the letter was not a notice but a birthday card or something. I send a notice the minute the rent is late.

[lincolnparker]

What if they still dont leave after throwing money at them? What is the guaranteed way to get them out? Are you speaking from experience?

Originally Posted by Manigault

1. Time to settle! Throw some money at them to get them out.

2. When you dismissed the case did the court order them to leave? Or was this just an oral agreement? If its a court order your tenants are in contempt -- file a petition for a rule to show cause. If it was an oral agreement, sue to enforce the contract and that stuff about you not keeping up the place is irrelevant.

3. See #1.

4. Actually, the technicalities are myriad and varied. A tenant with a lawyer WILL WEAR YOU OUT! I once proved in court that the landlord did not own the property (her corporation did). In certain circumstances, that means the landlord must be represented by an attorney -- she could not do it herself. See? Highly technical.

[Rickers]

Don't throw money at them, just go through the legal process and have the sheriffs department physically remove them. You are being played big time by a scammer renter.

[Humboldt1]

Lincolnparker,

You and I are the same situation now, with non-paying piece of sh#t tenants who will never pay. We are going to court April 7th (originally scheduled for March 24th) and most likely they will show up to contest which may delay things another month if they get a delay, hopefully not.

I have already spent $700 on this eviction (sherriff had to come out twice to serve eviction notice), including legal and filing fees.

I will win a judgement against them, which they will never pay. Piece of sh$t people like this never have any assets to go after.

I have never lost in court, just wasted my time and money. I can't believe how lenient the laws are for tenants in Chicago. Amazing how we protect the poor and screw over the middle class all at the same time.

I would love to have them out this month but May/June seems more realistic. They are now 5 months behind in rent. I have been played.

Going forward I am only renting to friends and neighbors of existing tenants who I know personally and who I know have the character to pay. I have people lining up now to rent the apartment but can't do it until they are out and most likely I will have to spend $1,000 or so to fix it up as I fully expect them to trash it before they leave.

I have changed locks on the front and back gates to prevent them from stealing my appliances and the only way they can take stuff out will be thru the front door and my other tenants have agreed to call me if they even try to move out any appliances after which I will have them arrested for theft (I still have the receipts from buying the appliances).

[Manigault]

Originally Posted by lincolnparker

What if they still dont leave after throwing money at them? What is the guaranteed way to get them out? Are you speaking from experience?

I am speaking from experience. Bite the bullet and use a lawyer to evict them. You could use the lawyer that set up the agreement or someone else. Get a judgment against your tenants for the back rent and garnish their wages for reimbursement of the judgment.

[Drover]

Originally Posted by lincolnparker

What if they still dont leave after throwing money at them? What is the guaranteed way to get them out? Are you speaking from experience?

You pay them after they vacate.

[Manigault]

Originally Posted by Drover

You pay them after they vacate.

Use the damage deposit as a negotiating tool!

[lincolnparker]

so when do you consider that the tenants are moved out? Is it when they have moved out their belongings but are still withholding keys and sleeping there at night? Can I consider that as a moved out, and legally enter my property without their consent? Or call the sherrif to accompany me to enter? Do I need a court order to do so?