All Forum Posts by: Lois Ginter

Just wondering why you aren't looking to sell?  Might be better off in the long run to have it off your hands. 

The sheriff here does not communicate to the tenant.  The way my attorney explained it to me is that I need to clear out her apartment when the sheriff arrives if she is still there, I can't wait until the next day. 

Also, our trash collection here is private, and they will pick up anything left on the curb.  I did some renno work, and was surprised what they took.  So no need to hire a dumpster. 

She was very tricky to serve, and even tried to contest today, and asked the judge to stay until March!  She hasn't paid rent since November.  I wouldn't put it past her to call out some technicality to try and stay.  

I asked the Sheriff if they contacted the tenant, and they said no.  But if she called them, they would tell her the service date.  I was thinking about saying something like this:

As you are aware, the Winnebago County Court has ordered you to vacate the premises by Monday February 21, 2017.

I have scheduled the Winnebago County Sheriff to be at the premises on February 22, 2017, to ensure that you have vacated. Per Illinois state law, any of your property remaining in the apartment when the Sheriff arrives will be placed on the nearest public byway. It is your responsibility to secure any items once they are placed there. Additionally, trash is collected the next day. It has been my experience that items on the area next to the street are normally collected. 

Hi All,

I won my eviction case today !  The tenant showed up to the hearing, and the judge is giving her seven days. I went to the Sheriff's office today and they will be showing up on 2-22 to make sure she has vacated.  I am responsible for hiring movers to put any remaining belongings on the curb .   I was not at the hearing, just my lawyer, so I don't know if she is aware of how this will go down.  

Would you send any type of follow up letter to her regarding how her belongings will be handled if she doesn't remove them herself?  Just want to save some money, since I won't get any past due rent from her.

The rules for the landlord notice and the summons are different.  Did you get your landlord notice notarized with the name of your friend as the server?  Mine read that I served the landlord notice.  When you file the summons, you will need to provide the notarized copy of landlord notice to the court.  Hopefully, your tenant will move on before you have to file for a summons.  I have been trying to get this tenant gone since December.  She gave her 30 day notice, and then didn't move.  I filed a five day notice for missed December rent on January 3rd, to her 13 year old son, as allowed by Illinois law.  Shen then was able to evade the process server for the summons.  

Is your property in Cook County?  That is a whole other layer of complexity......I use a local attorney who handles everything for me except the landlord notice.  I have a clause in my lease that the tenant is responsible for legal fees.

You might just have to camp out and catch them when they leave / return for work.  Once you get the 10 day notice served, you will need to have a process server serve the forcible detainer summons.  If they can't serve the tenant, then you can ask for a motion to post from the court.  However, you may forfeit any amounts due from the tenant.  When you file the forcible detainer see if the court will allow you to post the summons and and ask for money at the same time.  Not all judges will permit it. 

Familiar with this because I have current eviction where the tenant evaded the process server, so at the original court date, I asked for both motion to post and money, and only got the motion to post.  You need to have the motion posted on the door no less than 10 days prior to the next court date.  

I would start the eviction process.  I was in your shoes a year ago, and gave an inherited tenant a break.  It was constant drama.  If they tell you they have no place to go, simply say that is a situation that you will need to resolve. 

Have you asked the landlord why she is following up now?  Maybe remind her that when you spoke before, you couldn't provide a co-signer?  

Why do you think the landlord is following up with this now?  Was the requirement to have a co-signer discussed with you during the application process?  

I got a decent quote from American Modern, which is affiliated with State Farm.  The policy on each building was $200 less per year than my previous policy that I got through an independent agent.