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I current have an tenant that is staying in an illegal apartment upstairs in one of our houses. They do not have an lease and we just found out that it was an illegal apartment and would like to have the tenant move. We rented to her because she was homeless and had an child. She had a job and was trying to get back on her feet. I was wondering if anyone has any suggestions on how to proceed. Do we serve the normal eviction paper work?
If there is no lease you don't really "evict" tenants until they have not paid their rent.
You really have a "tenancy at will" situation. You need to notify the tenant, at least 30 days before you stop accepting their rent, that you no longer wish to rent to them. Technically they could probably immeadiately take off, as the apartment is not legal you could not force them to pay for the portion of the month unused, but that gets a little hazy -- Lease - Wikipedia, the free encyclopedia
If you don't have a lease then it is a month-to-month rental. In most states, in that situation, either you are the tenant can terminate the rental with a 30 day written notice. If and only if the tenant refuses to move out will you have to go through the eviction process.
you can start to terminate the rental with a 30 day written notice. If and only if the tenant refuses to move out will you have to go through the eviction process.
This is a pet peeve of mine...
ALL of these preliminary steps are still a part of the "eviction process".
This "30 day vacate" notice or others like a "3 day pay or quit" notice are just the portion of the process that gets done and needs to get done (in proper form!) between the LL and tenant BEFORE involving the Court to back up what rights you may have under the law. Also, in some jurisdictions that proper form includes the LL filing copies with the Court this early too.
A tenant like this hardly has the where with all to mount some kind of legal holding motion to a 30 day notice. You needn't offer the legal status of the apartment and she hardly has the ability to research that. Offer a couple of thousand to leave. You still feel sorry for her don't you?
This is a pet peeve of mine...
ALL of these preliminary steps are still a part of the "eviction process".
This "30 day vacate" notice or others like a "3 day pay or quit" notice are just the portion of the process that gets done and needs to get done (in proper form!) between the LL and tenant BEFORE involving the Court to back up what rights you may have under the law. Also, in some jurisdictions that proper form includes the LL filing copies with the Court this early too.
You are incorrect. The 30 day notice to vacate is not part of the eviction process. A 30 day notice is not required as part of an eviction it can not be considered part of the eviction process.
OP, you need to look up Chicago Landlord Tenant Laws - there may be something specific about Chicago vs the rest of Illinois as there is with NYC and the remainder of NY. You need to follow the rules as outlined in the statutes (laws). There may be some problems because you don't have an apt (legal) to rent. She may be entitled to all the back rent she has paid. You don't know until you read the laws. If you don't want to put that much effort into it; offer to pay her moving expenses and security deposit. (It's actually cheaper that way.)
I have a rather similar problem. My son & I are restoring a historic victorian mansion. This apartment is fully furnished and inclusive with beautiful period furnishings ,even towels and sheets. Up until 2 weeks ago, this beautiful 2 bdr. apt. was rented by traveling professionals on temporary duty assignment in our area. I went against my own rules, and rented to a presentable, desperate, and decietful young family as emergency/temporary housing. Basically, I opened my door to hell on earth! My son and I have apt. suites on the 2nd fl, and the 1st fl is for victorian entertaining and high tea ( our tea parlour business after the restoration ). I live in this building. I feel that I should have more say than a remote landlord. We live just below 4 people who have no concept of resource conservation. They burn the kitchen gas stove 24/7 so it is like Miami Beach up there. Simply, the County does not have enough money to pay on their behalf for me to let them live here any longer...Their security deposit was denied, the county rent is in question, and no references. Thank God, I think, I wanted them gone before they signed our lease agreement and inspection, etc. documents. On day 10, with witnesses, we hand delivered an eviction notice prior to the 1st of the month, on 1/28/13 and indicated that quit date would be 1/31/13. The city police were called twice in 9 days, imagine that happening during high tea? Google can be very bad for some people, especially for this couple w/ 2 little girls. If I knew then, what I know now! There is more, but no time. These people plan to stay, so I know I must file the $45 each unlawful detainer suit from the city marshall's office and then file with the city court, ASAP. Let's pray for each other, ok? Good luck..........
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