Eviction question.....

You really really need to get a legal opinion from a legal professional in your location. Asking us gets you lots of info that may not be accurate in your situation.

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Alice
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"No great thing is created suddenly." ~Epictitus

certified letter and they refuse to sign or refuse the letter, is the eviction still in force?

Can you say, "Get a legal opinion?"

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Alice
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"No great thing is created suddenly." ~Epictitus

I think its sad that your in a bad position, but since when dose the owner of a property not have right to what they own? $1450? Man you could buy a really nice house for that.

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Now you've gone and done it!!!! I was willing to overlook that 1st comment you made in thread #17;
about serving them notice and then "complaining" about their not paying the rent. Funny......the OP NEVER stated
that they were complaining about not receiving it......you did however,.....and it stuck out since if you had read
the various threads explaining the circumstances, you would have noted that the rent is due on the 1st of the month
and the 30 day notice to vacate was sent out on or about the 5th of Sept. and with the reason that they wanted to put
the property on the market. Nonetheless, it really doesn't matter if the landlord gives a "valid" reason or not; it's his property, not theirs.
All they have to do is give a notice to vacate within the time frame of 30 days on a month to month tenancy.
By your own admission, you squatted on your landlords place and didn't pay rent for at least 2 months because you
couldn't find another place in your kiddos school district. Not your landlords problem......you needed to get out at the end of the 30 days.....
it's not YOUR place, it's his/hers. If you paid taxes, maintained it and actually paid the mortgage on it......then it could have been yours......but you are a renter......not an owner. And there is a BIG DIFFERENCE in the two.
No one ever said that you didn't have any rights......AGAIN.....you seem to have a chip on your shoulder by inferring that someone stated that you didn't.
I would be one of the first one to state that you do have rights......
HOWEVER, you only have some rights as a renter; these DO NOT include squatting on the land AFTER being served and not paying the rent that you owed!!!
If you were so concerned about everyone's rights......you'd do the RIGHT thing NOW and pay your former landlord for the time that you spent living in his place uncompensated!!!

you want them out do as we always did, eviction legal can take 60 to 90 days if it goes well here. If it goes bad you may have permanant tenants with no rent while you get jerked around by the courts (you are the evil rich land lord) we in over thirty years in rental property, 32 houses never had an eviction.
We just offered a cash amount to be out of the house and it clean by a certain date. Why spend time in court lose two or three months rent and get back a dirty, damaged house. The rent would add up to 800 to 1200, damage and cleaning another 500 to 1000. This way you are out say 300 to 400. and the house is back on the market either as a rental or for sale in a month at most. Never payed over 400 usually 250 would do it. Some say its a matter of pride. If pride is your goal why in the world be a land lord.
Best advice get rid of all the rentals, we did. Last one last summer. FREE AT LAST, FREE AT LAST THANK GOD WE ARE FREE AT LAST.

I don't believe that you have to notarize the 30 eviction in IL. I'd call the Sheriff and ask if they need to deliver the 5 day eviction notice for non-payment.

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Moms don't look at things like normal people.
-----DD

If they are not paying you should be able to send a five day notice in IL. And...I would be complaining that the renter isn't paying after the eviction. Eviction is a chance tenants take by renting. When you own property you get to decide who lives there. You have to pay for the time you live there, even after an eviction.

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Moms don't look at things like normal people.
-----DD

You're way out of line here...
I paid his mortgage and taxes for 5 years... Added to his property by adding fences,, rebuilding his falling apart out buildings at my expense..
Like I said,,, My landlord and I had a good relationship,,,, when he gave me notice,, and stated he wanted to sell the property,, that was all fine and good...
But a 30 day notice was not suffecient for me and my boys to find a place to live in the same school district... I offered to pay the rent.. The landlord turned it down,,, knowing,, that if he accepted my rent,, his 30 day notice was null and void...
It wasn't my fault I couldn't find a place for myself and my boy's... it just wasn't there to be had unless I moved to the city..... Sorry dude,,,,
As a renter,, I don't have to be treated as your slave,,, or an alien..
I paid my rent,,,, kept up the property,, and it is now more valuable today than the day I moved in...
I was just giving an example,, that sometimes,, it takes more than 30 days for a family to search for an equivilent home. Its more than just finding a house to live in,,, we have families,,, school districts we hope to keep our kids in...
If you are a respectable landlord,,, and want respectable renters,,,, then you have to take those things into consideration..
If you can't do that,,, then you get month to month renters who don't care about the property,,,,

http://www.illinois-attorney.com/evict.htm

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Visit me at http://www.countrylifewithcountrywife.blogspot.com/

www.NightwoodForge.etsy.com

You must realize that this property is NOT yours - I hope you do respect other people's property and treat it with the same dignity that you would expect other people to treat yours. BUT - you have NO claim on anyone else's property beyond whatever lease or agreement you signed to use OTHER people's property. This one of the very reasons that it is so difficult to become landlords - because you feel you have some financial interest in another person's property and you do NOT.

Mashloft, I understand what you're saying, but your way of looking renting is not at all what renting is about. Your landlord did nothing wrong whatsoever. He doesn't rent out his property as a human service project -- it's a business transaction. You need to view it as such also.

As a renter, you have no interest in the property you rent. This was not your home (you were only 'using' it) and you did not make his mortgage payments. He provided you a home; you paid him for that use -- your even!

Also when you rent, whatever improvements you make is your loss and your landlord's gain. That's renting!

When you're on a month-to-month lease, you fully know that you may have to vacate with only a 30 day notice at any time - at any month. You accepted those terms. He has no obligation whatsoever to consider your wishes or needs. As a renter, it should never come as a major surprise when a landlord exercises his 30 days rights of taking back possession of the property, or not renewing your lease.

You always know it could happen and, when you have a family that it involves, you should always have a backup plan. You may not know exactly where your next rental will be, but you should have a plan of how you will be able to execute moving and finding another place with those 30 days that you know you only have. Again, that's renting and even though it's the bad side of renting, that's real life.

As a renter, are you are a slave to your landlord? Well, sort of; in the same way he is a slave to his mortgage holder or any of us are to any debt we pay. Unless we own our homes out right, any one of us could be out on our ear under numerous circumstances. But this is real life and what it brings. We can't blame someone else because we failed to be prepared for the our responsibility under the worst case scenario.

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"Challenges are what make life interesting -- overcoming them is what makes life meaningful."

That just isn't true. You didn't pay your landlord's mortgage and taxes. You paid rent. Your landlord paid his taxes and mortgage.

In IL, at least, paying the rent would in no way terminate the 30 day notice.

It's not your landlord's responsibility to find an equivalent place for your family, it's yours. If you wish to find a similar place, you could purchase one. Heck, you could have purchased your rental property.

YOU decided to repair buildings and build fences at your cost, your landlord did not. Renters are renters. This is a business relationship not a personal one. Yes, it feels personal but it is business. You are fortunate, I think, that the landlord didn't give you a five day notice for non-payment of rent.

Renters always have the choice to rent or purchase their own property. Owning property has risks just as renting property has its own risks (for example, getting a 30 day notice).

It is in no way treating you improperly, like a slave or an alien, to expect you to leave your landlord's property within 30 days as requested, having paid all monies due.

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Moms don't look at things like normal people.
-----DD

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No, YOU were way out of line......but I'm not going to get in a who's got the most pathetic storyline here..... Suffice to say, that I've been on BOTH sides of the fence; as a renter who understood that the property that I was renting was not mine, but I worked at improving it (with my landlords permission & at my own expense) and when I left, we were both happy with the arrangement. And later,......much, much later and many rentals down the road, I was finally able to buy my own place.....fix it up and moved in. It was a nice feeling that all that money that I'd spent on rent, was now going into something that I could call my own. Eventually after saving my money, I then invested in some "rental property". AHHHH YES......Welcome to the REAL WORLD!!! It doesn't matter how well you screen people......there are ALWAYS some with your attitude......that the world OWES them......and that THEY are doing you a favor by staying in YOUR property without paying!!!
I remember one case in particular where a nice young couple with some young kids and who always paid the rent like clockwork every month without problems......had a year lease and then about mid-way thru-it......the wife was diagnosed with cancer.....or so they claimed. Suddenly they could no longer get the rent together.....or on time. We gave them a lot of leeway, but finally after the 2nd month went by and a lot of promises were broken, it came time to go confront them and give them an ultimatum. Imagine if you will a nice residential neighborhood in which the renter husband comes out onto the front lawn and begins screaming at my wife, at the top of his voice, that "THIS IS MY HOUSE.....YOU DON'T HAVE ANY BUSINESS HERE HARASSING ME AND MY WIFE!!!" I was so proud of her when she didn't bat an eyelash but met him head-on with the retort: "NO! THIS IS NOT YOUR HOUSE...IT'S OURS !!! YOU'RE JUST THE RENTER AND WE ARE NOT HARASSING YOU; WE'RE HERE FOR THE RENT THAT YOU HAVEN'T PAID FOR THE PAST 2 MONTHS BUT HAVE PROMISED THAT YOU WOULD AND UNLESS YOU CAN PAY IT TONIGHT, YOU'RE ON YOUR WAY OUT AND WILL HAVE TO FIND SOMEPLACE ELSE TO LIVE." She then calmly handed him his eviction notice, to which he replied: "I'LL SEE YOU IN COURT!!!" To which we replied: "YOU CAN COUNT ON IT." By this time, most of the neighbors, had come out onto their homes and were setting up lawn chairs to watch the entertainment. My wife, had lived across the street from this rental before we were married, so she knew everyone in the neighborhood quite well. We just waved to everyone and drove off home.
Amazingly, he did show up and tried to play the same old song & dance on the magistrate that he'd been giving us......but the judge cut him short with just one simple, direct and to the point question: Have you paid the rent and are you up-to-date on it? The renter started sputtering and mumbling but finally had to admit: "No." To which the judge then stated: "Then you've got no standing in this court. Move your stuff out of THEIR house." Of course, this happened in TEXAS, which looks at things a bit differently than the more liberal northern portion of this country, where tenants seem to have more rights than their landlord.
So now hopefully, you can see that the grass isn't always greener on the other side of the fence. It does take two (2) to make a contract; but it only takes one to break it.

By-the-way, I noticed that you NEVER addressed the issue I brought up, on whether you felt "justified" in not paying the past due rent when you overstayed your welcome by a couple of months. Even though the landlord stated that if he did, then the eviction wouldn't stand, WE BOTH know that that isn't true......and legally, as well as morally, you owe him for the time you stayed there. Wouldn't it be nice if he suddenly received a nice unexpected check in the mail from a former tenant??? I know I would......still waiting on that judgment to be paid and that was OVER 15 years ago.

Marshloft, your sense of entitlement is a big part of the problem with our society today. "Oh poor me. My needs are more important than the landlords". Why is it so hard to take responsibility for ones own self, instead of always trying to place blame where it doesnt belong? Everyone feels like somebody owes them something.

Unless your name is on the mortgage you were paying nothing more than rent.
Where on earth did you get the idea that you were paying his mortgage and taxes? What he does with your rent money is absolutely none of your business.

By not making it right with your landlord and paying him the back rent, what example are you setting for your kids? That its ok to get one over on "the man" if you are inconvenienced? How about personal responsibility and paying what you owe? Just my opinion.

Marshloft, do you have any idea what missing 2 months rent could do? Some landlords could face defaulting on a loan if they miss 2 months' rent..I cannot imagine how you justify not paying rent...I am speechless.

Some of you suggested legal counsel......can you also tell I have a thick skull. HA.

Well, I talked to the person on the phone and attempted to be diplomatic. She was condescending and told me a thing or two and said that she can stay 90 days if she wants and does not intend to pay rent.

As stated earlier, I am in Illinois and we do have a rental agreement. But she told me what her lawyer said..yada yada....which means they talked to a friend.

Regardless, I did get an attorney on it. He is hand delivering a 10 day eviction notice this weekend. It cost 200 dollars but I feel that it was well worth it. It has been a stressful time. If we have to go to court, then we will be out more lawyer fees. But I don't care. It will be worth it to be rid of them.

If I get a court date and they leave after the court date set, I might very well go on and go through with the court appearance to recoup some fees.

Just for giggles, if you read this whole thread that is the exact way your renting is probably gonna turn out, different strokes and opinions from different folks, Good luck.

Sounds like Marshloft might be your renter, knows how to rake over the owner & take what they can, no remorse.

That's what's wrong with this country. People who take.

--->Paul

First month she had directv to come in and tack all kinds of crap on the outside. She was forbidden to add anything to the house. She lied and said she did not agree to this but she signed the work order. Add to that the directv was in another persons name. When we checked, the name already was delinquent with DTV.

We have been hassled by the water company because the water follows the house. They are late on the water bill every month.

Then we got an email saying power was getting ready to be cut off. A few hours later, we got an email that she had the power put in my name. TO me, that borders on identity theft.

However, we chose to give a 30 day notice and did it politely. They skipped on rent for September. We did not make an issue of it and I told her that we could have filed a 5 day eviction. But chose to be courteous.

What I have found out that you cannot be nice to these people. They did not understand that I was being courteous by not filing a 5 day eviction for non-payment.

This monday will mark the 30 days for them to vacate. She made it clear to me that she was not sure if she wanted to leave. But she made it clear she was not paying rent.