Legal Question in Landlord & Tenant Law in Illinois
tenant acting truant
I leased my condo to an individual Starting sep 1 2008, and that party has consistently been behind in paying the rent. He as finally sublet the condo to someone else (with my permission) and has even collected the rent for November in advance from the new tenant, but has not paid me yet - it is over 20 days.
What can I do in these circumstances? I have a signed lease contract, of course.
6 Answers from Attorneys
Re: tenant acting truant
You need to look for remedies in your lease agreement.
Re: tenant acting truant
Assuming the lease contract is reasonable, you can do whatever the contract allows you to do. For example, if there is a provision that provides for you terminating the lease with if rent is 20 days late then you can terminate the lease (with suitable notice to vacate the premises).
If you want us to have a look at your contract and discuss your legal remedies, please feel free to give us a call.
Re: tenant acting truant
Your all actions must be subject to contract whatever you have signed. You cannot depart the contractual obligations.
Re: tenant acting truant
you may serve upon a notice on him for violating the terms of lease agreement and can sue him for recovery of rent.
Re: tenant acting truant
It all depends upon whether you want to terminate the lease or you want to still continue the lease.
If you want to terminate, then serve a notice under Section 106 of Transfer of Property Act upon the tenant asking him to vacate and if he does not, then you may file a Suit for Ejection, Injunction and Damages against him.
If you do not want to terminate, then file a Suit for Recovery agaisnt him for recovery of arrears of rent and for a mandatory injunction for a diretion to him to keep paying the rent every month.
Sunil Goel,advocate
New Delhi 09810215488
Re: tenant acting truant
You can take action according to the lease contract
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