Legal Question in Landlord & Tenant Law in Illinois

as landlord we are trying to evict our tenant, who has a month to month lease. He was given a verbal notice in July asking him to be out by August 12th, did'nt work. We paid to have him served notice, which he avoided. Then had notice posted to serve as him being served. On our 2nd time in court he showed up late and went to the judge after court and had a motion filed which over rode the court order we just got and paid for again to have him evicted. Back to court a 3rd time, the judge gave him more time and a date for trial which is this Wednesday. My son and family and the tenant occupy the apartments (they know each other) of our 2 flat. My son said the tenant wanted to talk, so they did. He told my son that he didn't treat us this way and maybe we could work things out. So my son told him he would need to the back rent (around 2500.00) before court date. He said he didn't have it, only about 700.00, and then said

he would need an answer, and don't wait till the last minute because he can just file another motion and not have to move until November.

My question is where does he get the right to do this? Not pay, not move and cause grief.


Asked on 9/26/11, 10:48 am

1 Answer from Attorneys
Stephen Messutta

Because you apparently don't know how to handle this properly. As an example, "verbal" notice is completely ineffective in Illinois (and most states). If you paid to have him served and he avoided service, you chose the wrong server. Posting notice is technically ineffective in Illinois because only if nobody ACTUALLY lives in the place is that kind of notice valid. Ex parte motions are not allowed if the other party has appeared and therefore either notice was falsified (a potential contempt matter) or something else happened. I have never seen forcible cases continued such as yours. Hire an attorney if you want this person out. Furthermore, if the tenant occupies space IN your son's apartment, how can the tenant avoid service? For the kind of money you're talking and the fact that the rent debt apparently will just continue to get larger, hire an attorney.

Read more
Answered on 9/27/11, 10:23 am


Related Questions & Answers

More Landlord & Tenants questions and answers in Illinois