Legal Question in Real Estate Law in Illinois

back/unpaid rent

Is is possible to sue an evicted tenant for back/unpaid rent?

If so, what are the chances of success?

Further, if the suit is successful is there any chance of garnishing wages?

Thank you.


Asked on 3/06/03, 5:10 pm

3 Answers from Attorneys

Mary McDonagh McDonagh-Faherty Law Offices

Re: back/unpaid rent

Yes, yes & yes to put it simply. A landlord can sue you for all of that and more - court costs, etc. And one way of enforcing money judgments is by garnishing a person's wages. Try to work out a payment plan with your landlord so that you can avoid the costs associated with the court process.

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Answered on 3/08/03, 2:39 pm
Kenneth J. Ashman Ashman Law Offices, LLC

Re: back/unpaid rent

Even if evicted, a tenant owes for unpaid rent. The likelihood of success is generally strong, if the tenant cannot come up with proof -- such as a cancelled check or payment receipt -- for that the tenant paid rent every month. Any judgment obtained can be enforced through garnishment.

Incidentally, frequently tenants who have been evicted do not show up in court when sued for back rent. Therefore, it is possible to obtain a default judgment w/out having to go through a trial (or summary judgment motion practice). Collecting on the judgment, however, can be a pain in the butt, especially if the tenant simply does not have the money.

-- Kenneth J. Ashman; www.AshmanLawOffices.com

This communication is for informational purposes only and is not intended to create an attorney-client relationship, which, under the policies of Ashman Law Offices, LLC, can only be created by a execution of a formal retention agreement.

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Answered on 3/08/03, 4:17 pm
Charles Dobra Charles Wm. Dobra, Ltd.

Re: back/unpaid rent

Yes, it is possible to put out a tenant for unpaid rent. The procedure is statutory. I would recommend that you obtain a lawyer. The process is called "Forcible Entry & Detainer". Hope this helps. Good Luck

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Answered on 3/07/03, 1:11 pm


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