how to kick out bad tennents (lease, condo, eviction)

[west lawn kid]

My friend is renting out his old house, his tennents haven't payed him any rent since december and they refuse to pay, but they also refuse to get out, what should he do?

[Avengerfire]

He should search this forum. It has already been tackled.


http://www.city-data.com/forum/chica...nonpaying.html

http://www.city-data.com/forum/chica...if-tenant.html

http://www.city-data.com/forum/chica...buildings.html

[linicx]

He probably needs an attorney. He will probably have to send a certified demand letter giving notice and call the sheriff when its time to move them out. They're squatters. They're not going to move without persuasion. Nice does not work with these kinds of renters. And be prepared for the house to be in shambles. He NEEDS the attorney. This stuff can be tricky if kids are involved. Been there done that. I wish him a lot of luck.

[Carantini]

a lawyer.
i know one whos a monster in evictions too. he charges like a flat 200 bucks or less for evicting or getting rent too. you want his info? send me a direct message, i dont want to share a lawyer Ive used with everyone, it feels personal. like sharing a cancer doctor or something, a little private in that way.

[IllNoize]

He needs to give a 5 day pay or rent to quit notice required by law. If they don't pay in 5 days per the warning letter, then go to court and start the eviction process. I didn't need a lawyer because my case was cut and dry...no payment of rent for several months...judge awarded me possesion and payment of past due rent...but they didn't have kids so don't know if that gets tricky as linicx said. Send me a PM if you need more info. I successfully evicted one of my dead beat tenants earlier this year...

If/when you do get them successfully evicted, which btw could take up to 4 months, and a judgement is ordered in your favor, getting them to pay the past due rent is another story...but it is possible. I can recommend a lawyer who was able to garnish wages on my dead beat for the unpaid months owed. GL.

[long101]

So they havent paid rent in 6 months and he still hasnt taken any action? He needs to get his sht together

[InvesTools]

Originally Posted by west lawn kid

My friend is renting out his old house, his tennents haven't payed him any rent since december and they refuse to pay, but they also refuse to get out, what should he do?

Have him "write" an agreement stating they will agree to "pay" x amount by such date and then go to court on this agreement.

[PokerPlayer1]

Originally Posted by long101

So they havent paid rent in 6 months and he still hasnt taken any action? He needs to get his sht together

Yeah, pretty much.
He should've started proceedings in January.
Anyone who has ever rented will tell you this; there is a subset of rodents who subsist off landlords by moving in, giving sorry excuses for as long as possible and live rent free until the eviction notice comes in. Sounds like he got saddled with such parasites, but really, waiting six months to get on the ball is largely his own damn fault. If rent is due March 1st, then March 2nd the late fees kick in, and on April 1st- if all back rent isn't paid plus next months- the eviction process begins.

[JoeyPants]

Any experienced landlord will tell you that unless you have made an arrangements for the rent to be paid late, you should give the tenants a 5 day notice the day after they are late.

The vast majority of landlords do not realize that this is a business, and the lease is a binding contract. The lease stipulates that rent is due on a specified date. If the tenant fails to pay by that date, they are violating the terms of the contract. It's that simple. You can always make exceptions and grant extensions at your discretion, I've done it a few times, though I don't particularly recommend it, unless you've had long term tenants with a solid record of paying on time and a legitimate reason for paying late.

Once a tenant is at least 1 month back on rent there is really no incentive for them to pay you. Financially it's cheaper for them to get evicted and find another place. Prior to that month you have leverage, it'll will cost them to find a new place, put up a deposit, etc..

Tell your pal to get a SOB attorney, he's going to need one. Chances are these tenants are pros and know the system in and out as well as any attorney and will play hardball.

[west lawn kid]

Thanks for the advice. These guys are real scumbags, they managed to break 2 windows and pot several holes in the walls. They also sent my friend a order from the police that he needs to give them 2 days notice before he can go to the house.