Legal Question in Landlord & Tenant Law in Illinois

Landlord/Tenant Chapter 13

I am a Landlord. My tenant gave me notice of intent to vacate breaking her lease and threatned to put me on her chapter 13 ''list''. Now she does not want to leave and says I cannot force her to leave. Her bankruptcy attorney sent me a letter saying that I cannot ask her for any money for anything and that I need a lawyer.


Asked on 10/02/07, 8:18 pm

1 Answer from Attorneys
Peter Olson The Olson Law Firm, LLC

Re: Landlord/Tenant Chapter 13

It's a tough situation when a tenant files for bankruptcy. If she has indeed filed for bankruptcy you can't collect against her or do anything for that matter. What you need to do is go into the bankruptcy court on a Motion to Modify the Bankrupcty "Stay" and get permission from the court to be able to evict the tenant. You should be able to evict the tenant. The $$ owed might be gone...that will depend on how the bankruptcy proceeds.

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Answered on 10/03/07, 4:01 pm


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