Question:

What sort of action to take against deadbeat IL renters?

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Background:

--Renters of residential property in state of Illinois were on a month-to-month rental basis. (Originally had 6 month written rental agreement; at the end of 6 month term, per that agreement, it went to month-to-month.)

--Rent is due the first of each month, and considered late after the 10th. Renters failed to pay rent at all for two consecutive months. During that time, they entered into a repayment arrangement but failed to keep it.

--On the 1st day of the third month, renters were given written notice to pay all that was owed within 7 days, or vacate the premises by the 15th.

--Renters immediately advised they would move out by that date, but refused to pay rent for the 1st-15th, stating lack of proper notice to vacate.

--Renters had utils taken out of their name. (which automatically reverts utils to landlord's name).

--As of the 23rd of the same month, renters do not appear to actually be residing on the premises any more, but have many personal terms still in and on the property and have not returned keys, garage remote, etc. Rental agreement clearly states that the premises isn't considered vacated until all areas are cleared of resident's belongings ad trash, and keys and other property furnished for their use are returned to to the owner.

Questions:

1) Was renter correct that they did not owe for the last month because they were not given 30 days to move?

2) What should the next step be? Filing formal eviction proceedings in the court? Seeking damages for back rent, late fees, clean up, key replacement, utility charges, loss of rental income (since the place couldn't be rented out since it wasn't technically empty yet)? Or....?

*Side note: The landlord is not one by choice! The house was inherited. Have tried to sell it, but a downturn in the local economy has, in turn, caused a downturn in home sales.

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3 ANSWERS


  1. You need to file eviction. but you need to serve them the proper notice first. The proper notice for non-payment is a 5 day notice.

    http://illinois-attorney.com/5day.htm

    An eviction primer:

    http://illinois-attorney.com/evict.htm

    You sue them for all rent owed.  


  2. .    You may be looking for a "legal" answer.  This time i want you to chalk this one up to experience.  Just have them get out and you make sure they don't come back.  Don't worry about anything else.

    I am a landlord.  I try to learn from every disaster.  What warnings did you have in the very beginning that these tenants were a problem?  What could you do better next time if you faced the same scenario?  You have to make sure this never happens again.

  3. You need a lawyer. The 10 day was the notice to pay or quit the property -- where did they get the idea they need additional notice? You need to get them detailed move out charges within 30 days of their move out.  

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