This is for a realtor. When can a landlord evict a tenant? The tenants above me are out of control.

Asked by Felicia Richardson, Hillside, IL Mon Mar 11, 2013

The landlord is aware of their shady dealings and reckless behavior. He asked that I be patient until the weather breaks as he tends to end their lease. Is it law that you can't evict during the winter?

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14
Brendan Ross’ answer
Brendan Ross, Agent, Chicago, IL
Mon Mar 11, 2013
To answer your question: No, it is generally not law that you cannot evict in winter. That is somewhat of a myth. Your landlord can proceed with eviction proceedings if he has grounds to do so.
1 vote
Toska Palmer, Agent, Chicago, IL
Sun Mar 17, 2013
He's probably not going to renew the lease.
0 votes
Bill J Delig…, Agent, Naperville, IL
Thu Mar 14, 2013
The LEASE will dictate what the reasons for evictions could be. Oftentimes the path of least resistance is to let the lease expire as opposed to taking legal action against an unruly tenant.
0 votes
JIM Michaels, Agent, Chicago, IL
Wed Mar 13, 2013
best to call your attorney for this advise
0 votes
Edith Karoli…, Agent, Winnetka, IL
Tue Mar 12, 2013
It has little to do with Winter or Summer, eviction is not easy, ending a lease at the end of a lease is
a lot easier, and this may be the reason for the landlord wanting to wait. Try to find out when the other
tenants lease is up.....
Eviction is not easy and requires very good and solid reasons.... Your landlord probably has a good
attorney to advise him/her what is best to do, as long as you advised the landlord about the situation
or problem you will have to leave it up to the landlord how he will be advised to deal with the situation.
Hope it will all work out ok for you.
If you like to read up a little more about Eviction use the link the other agent put up for you, when you
get to the page, scroll down until you get to Eviction area just for your information.
Good Luck to you

Sincerely yours,
Edith YourRealtor4Life & Chicago, North Shore & Northern Illinois Expert
Working always in the very BEST interest of her clients, Buyers, Sellers and
Investors alike....And always with a SMILE :)

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0 votes
Mike Opyd, Agent, Chicago, IL
Tue Mar 12, 2013
Theres nothing saying when a tenant can or can not be evicted its just not an easy process. In Chicago tenants have all the rights. If the landlord was not aware of what a lease needs to include the tenants would win any battle in court. In the long run its not going to make financial sense for the landlord to evict the tenant unless they have a legitimate reason to do so. Mostly factors that cause or could cause harm to other people in the building.
0 votes
Brendan Ross, Agent, Chicago, IL
Tue Mar 12, 2013
For Section 8 tenant evictions, Illinois state eviction laws apply, however, there are additional procedural rules and defenses. For a complete rundown see the following link:

http://www.illinoisprobono.org/index.cfm?fuseaction=home.dsp…
0 votes
Paul Fijalko…, Agent, Arlington Heights, IL
Tue Mar 12, 2013
There are few homes in your area that I will be more than happy to show you. Please contact me at 847-532-2093 or email me at paul.fijalkowski@cbexchange.com.

Paul Fijalkowski
Coldwell Banker Residential Brokerage
0 votes
Felicia Rich…, Home Buyer, Hillside, IL
Tue Mar 12, 2013
Thank you all for answering this question for me. I now need to have a serious talk with our landlord as he has lead me to believe he didnt evict because of the winter. I don't know if there are special provisions for evicting sec 8 tenants. But I do know for a fact they have violated some of the lease agreements as we have to same one. Thank you again and if anyone knows of a 3bd home for rent on the far westside of the city going into the oak park, broadview, berwyn, hillside area please let me know. I am ready and prepared to move.
0 votes
Paul Fijalko…, Agent, Arlington Heights, IL
Mon Mar 11, 2013
There is no such thing as no evictions during winter. Just call police and landlord whenever you notice ''shady dealings'', if it's something illegal it will be grounds for eviction.
0 votes
Matt Laricy, Agent, Chicago, IL
Mon Mar 11, 2013
You have to be behind on payments, then they have to file a claim. If the shady dealings are illegal, then they can evict them.
0 votes
Suzanne Hami…, Agent, Orland Park, IL
Mon Mar 11, 2013
In order to evict, the landlord has to go through several legal steps but moreover some provision in the lease must be broken by the tenant as grounds for eviction. Winter has nothing to do with it, but it does depend on the judge. Legally if the landlord goes through all the steps, the law must evict, the judge could just give them a little more time to vacate.

You can call the landlord and the police and see if that helps. Check your local ordinances or call the police to see if they are violating noise ordinances.
0 votes
Philip Sencer, Agent, Chicago, IL
Mon Mar 11, 2013
Winter has nothing to do with anything. It depends on what the lease says and/or what the tenants have been doing and is it proveable and what the laws say in Hillside. Each Burb can be somewhat different. Have you called the cops? If they catch them doing something that can be grounds for eviction.
0 votes
these people do not work, sell drugs and smoke weed! They sleep til the kids come home from school then proceed to SLAM, STOMP and DRAG everything across the floors. I've called the police several times but because it's not "music" they tell me to call the landlord about the noise. They play music til 5am. They argue and threaten one another every 3 to4 days waking me and my husband at 4am because they only argue in the middle of the night. Again the landlord is asking us to be patient to get them out. I'm just trying to figure out how long. We are trying to move for I fear that we will be gone before anything truly happens. We love our apt its 1600 sq ft in a great location with 2 bathrooms. No pun intended but I will never move into another property where the landlord welcomes sec 8 tenants. I know they are not all bad but most leave a realy bad taste in your mouth. We work and we work hard to have to deal with people who collect govenrment checks for having 7 yes, 7 kids!
Flag Mon Mar 11, 2013
Manuel Brown, Agent, Chicago, IL
Mon Mar 11, 2013
Dear Renter,

It is not law that a tenant cannot be evicted over winter. Judges are reluctant and avoid evicting tenants during winter months. A landlord will have to present a really strong case for a winter evictions.

Best of luck!
0 votes
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