Chicago Eviction Settlement agreement

8 Replies

Hi 

My name is Trevor Densmore. I currently own a 2 unit Multifamily and a SFH. I am going thru a eviction and had a question for landlords or lawyers in Chicago. We went to count they signed a settlement agreement that they would be out by a date last week or I get a automated eviction order. So now I'm being told that the Judge is giving them a extra week before he signs. Can this be done?

@Trevor Densmore you should really check with your attorney on this one.  I am sure the judge has every right by law to do that. The eviction process in Chicago can be tough, and you may need an attorney at some point. I can tell you that the process takes longer than you want and costs more than you want to pay! 

@Trevor Densmore did you have an attorney? If you did, I agree with

@John Warren that you should reach out to that attorney. I've done many evictions and there is generally two ways you can do a settlement. To simplify this for the purposes of this response: One is that if the tenant is not out, you have to back to court to obtain an order of eviction and then serve that on the sheriff after the stay date. The second is that you receive an order right then and there and stay it until after the date that the tenant will be out. This way, if they are not out, you can simply take that order back to the sheriff rather than having to go back to the court room to obtain an eviction order. Sounds like you may have gone the first route. 

Are you sure the judge isn't given them a stay? If that is the case, that is common practice. 

Nothing in this post should be considered legal advice. 

Thank you @Ahmed Motiwala and @John Warren . I do have a Lawyer but he wasn't being clear in his explanation, so I was seeking clarification. He told me that the Judge granted the tenant a continuance and allowed them one more week to vacate the property even though we have a settlement agreement for them to be out last week May 31. From my understand I was told a settlement was final once it was signed and I would be given a immediate eviction of they still occupied the property after that time. I did not expect nor did I know this could happen.

Originally posted by @Trevor Densmore :

Thank you @Ahmed Motiwala and @John Warren . I do have a Lawyer but he wasn't being clear in his explanation, so I was seeking clarification. He told me that the Judge granted the tenant a continuance and allowed them one more week to vacate the property even though we have a settlement agreement for them to be out last week May 31. From my understand I was told a settlement was final once it was signed and I would be given a immediate eviction of they still occupied the property after that time. I did not expect nor did I know this could happen.

 Even if you get/got the immediate eviction order, the judge will always stay that order for at least a week, meaning you can't give it to the sheriff until that week is up. Hopefully this is what your attorney is referring to. Then the sheriff will take a number of weeks to actually get out there and evict. We always try to get a tenant to agree to what Ahmed described, which is a signed eviction order with the judgement stayed until the date the tenant agreed to leave by. That way if they aren't out, there is no returning to the judge, just straight to the sheriff.

You are paying an attorney. Make him earn his money by explaining it until you understand.

Originally posted by @Matthew Olszak :
Originally posted by @Trevor Densmore:

Thank you @Ahmed Motiwala and @John Warren . I do have a Lawyer but he wasn't being clear in his explanation, so I was seeking clarification. He told me that the Judge granted the tenant a continuance and allowed them one more week to vacate the property even though we have a settlement agreement for them to be out last week May 31. From my understand I was told a settlement was final once it was signed and I would be given a immediate eviction of they still occupied the property after that time. I did not expect nor did I know this could happen.

 Even if you get/got the immediate eviction order, the judge will always stay that order for at least a week, meaning you can't give it to the sheriff until that week is up. Hopefully this is what your attorney is referring to. Then the sheriff will take a number of weeks to actually get out there and evict. We always try to get a tenant to agree to what Ahmed described, which is a signed eviction order with the judgement stayed until the date the tenant agreed to leave by. That way if they aren't out, there is no returning to the judge, just straight to the sheriff.

 From the way my attorney explained it he had to go back to the Judge and get the eviction order signed by the Judge. But the tenants attorney asked for a continuance because the tenant needed more time to move and the judge allowed it. I didn't think this was possible since this is a signed contract. Thanks again for your advice.

Originally posted by @Nathan G. :

You are paying an attorney. Make him earn his money by explaining it until you understand.

 You are right. This is my first eviction and my first rental property so everything to this point has been a new experience.