Home Buying in Chicago>Question Details

Destiny, Home Buyer in Franklin Park, IL

Closing on home that has people living there. No written or oral lease exists. Do I still need to issue 30 eviction notice to start eviction process?

Asked by Destiny, Franklin Park, IL Mon Feb 10, 2014

Tenant has not had to pay rent since seller put house up for sale. No written or oral contract exists. Do not want tenant living there after closing. Not willing to do cash for keys. Just want them out the legal way.

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15
You most definitely need to inspect the property prior to closing and make certain that all utilities are on in order to check out the A.C and Heat. The purchase agreement stipulates that the sales price agreed upon is based on the condition in which you saw the home at the time your wrote the offer.
1 vote Thank Flag Link Tue Feb 11, 2014
Destiny,
Eviction is a very specific process that must be followed to a tee. Do not try and wing it or you may be spinning your wheels. Consult a local attorney or possibly a very experienced agent to get the precise process for Ill and Cook County and follow it.
1 vote Thank Flag Link Tue Feb 11, 2014
I plan on handing over a 30 day eviction notice the day of the closing. Also, I have heard that in cook county in Chicago, evictions do not take place, nor are they enforced between the cold months of November through April. Not sure if this is true.
1 vote Thank Flag Link Tue Feb 11, 2014
that is not true. if your paper work is in proper order (hence the attorney assistance) it will commence with no problems.
Flag Tue Feb 11, 2014
Destiny,
If you were my client I would include in the contract that the home is to be vacant prior to closing and subject to re-inspection for any damage done by current tenants. Any repairs are the responsibility of the seller at the seller's expense.
As closing date approaches, drive by the home to see if there are signs of packing. If the tenant shows no signs or interest in moving on, don't close.
The landlord Tenant Act in Florida will spell out the rules and obligations for everyone involved. Chances are if the tenant will require eviction activity to move on, you don't want to be part of it. Put this on the seller if at all possible, it's your best bet.
1 vote Thank Flag Link Mon Feb 10, 2014
we did, however, it's not going to happen. The tenant is my ex mom-in law, and she is still there, and the seller (her mother), does not have the funds to do an eviction even though the contract stated it would be vacant and 'broom ready' at closing.
Flag Mon Feb 10, 2014
In Chicago, you have a few other options you might want to consider, some of which may be feasible in other municipalities as well.

1. Consider placing goats, chickens, dogs and cats in both the front and rear yard. Don't forget the fence. All the above animals are legally allowed to be outside, on private property, in Chicago. Even in winter. Then advertise free fresh fecal matter composting classes. It might not hurt to post a large sign outside the gatherings that states, "Please do not disturb tenants. They refuse to pay rent or vacate the home. Please honk to show them your support."

2. Start a twitter feed. Call it Squatters@1234StateSt (or whatever you address is). Post a series of twits saying things like, "With the rent I saved this week, I bought two blow up dolls and an IPAD#squatter1234state", or "I squat because it is human. Do not pay others for their work. Ok I am an idiot.#idiotsquatter1234state". Keep it going. Get the newspapers and other social media to help it go viral. And don't forget the jumbotron screen you will put in front of your property, posting all of your 'tenant's' tweets, live.

3. Buy a van, a large dog catching net, and a couple of big sturdy canvas bags. You'll figure the rest out.
0 votes Thank Flag Link Thu Feb 13, 2014
Reconsider cash of keys - it may be less expensive than eviction route.
0 votes Thank Flag Link Thu Feb 13, 2014
Yes... and have your attorney begin the process once the thirty day eviction notice has been served and notarized... all lines MUST be completed on the 30 day notice of the Judge will throw it out of court. Best to have an attorney assist you in this process.
0 votes Thank Flag Link Tue Feb 11, 2014
Exactly right. I assume you have an attorney handling the closing, get them to start on the eviction. Regarding cash for keys, don't make it personal, this is a business decision and you and your attorney may decide it's the most cost effective route.
Flag Tue Feb 11, 2014
Exactly right. I assume you have an attorney handling the closing, get them to start on the eviction. Regarding cash for keys, don't make it personal, this is a business decision and you and your attorney may decide it's the most cost effective route.
Flag Tue Feb 11, 2014
You most definitely need to inspect the property prior to closing and make certain that all utilities are on in order to check out the A.C and Heat. The purchase agreement stipulates that the sales price agreed upon is based on the condition in which you saw the home at the time your wrote the offer.
0 votes Thank Flag Link Tue Feb 11, 2014
Have your attorney get involved with they. They will need to file an eviction notice if the person refuses to leave.
0 votes Thank Flag Link Tue Feb 11, 2014
Where is the home? State, City, County?
0 votes Thank Flag Link Tue Feb 11, 2014
Where is the home? State, City, County?
0 votes Thank Flag Link Tue Feb 11, 2014
Chicago, IL, Cook County
Flag Tue Feb 11, 2014
I would definitely file an eviction to play it safe. I've done plenty of eviction with my own building. It's a hassle but definitely worth going downtown and file the necessary paperwork. I believe the filing fees are $230 + 75 for sheriff to actual summons the involved parties. You'll happy you did so!!!
0 votes Thank Flag Link Mon Feb 10, 2014
You may want to consult with an attorney on this. Sounds like you have a hold over tenant. Either way, either the current owner or you have to evict. Someone has to do proper notices and eviction per the law. I would serve those immediately in order to get things going. Depending on the area, eviction takes a couple months. Can of course do on your own. If the home is in the city of Chicago, you should check the rules. The city has very tenant friendly laws, some of which do not exist in the suburbs. The faster you provide notices and then file, the sooner it will be over.
0 votes Thank Flag Link Mon Feb 10, 2014
Destiny,
Now that you've filled in a bit more, it's more complicated. Family, or ex family does what they want, when they want. I don't really have any other advice except if they don't show signs of leaving and you close, you'll be paying for the eviction yourself. If it were me, I'd pay sooner rather than later if you have any plans on moving in or getting other tenants. Just don't give the money to anyone that you're related to. Pay the people involved in doing the eviction directly and stay away.
0 votes Thank Flag Link Mon Feb 10, 2014
I would make sure the house is vacant prior to close. You dont want to deal with this mess.
0 votes Thank Flag Link Mon Feb 10, 2014
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