Tenant that we are trying to evict for non-payment threatens to damage property

[JuliaK]

What is the name of your state (only U.S. law)? IL

Hi,
We are in the process of evicting a tenant. There are 3 people on the lease, but two of them left (with incomes and shady credit histories). The last one who stayed cannot afford this house. She came up with a payment now, but we don't want to have her in our house. She will not be able to pay in the future and she is a very bad tenant, per neighbors, police, association. We would like to find new, good tenants.
We had a court hearing today to evict the person. I stated during the hearing that the tenant does not allow me to inspect the house and the judge moved the hearing, so that the tenant shows us the house. So, currently there is no decision, although the judge said that I am the landlord and can do with my house what I want.

PRIOR TO THE COURT DATE TODAY: the tenant has no money or credit history, realizes that she will not be able to rent and has nothing to lose. That's why she has been trying to hold on to our house. She came up with the money for the current and next month (July) - but we told her that we still want her out. She is not eligible to live in a big house, bec she cannot afford it. She needs a smaller apartment.

It was prior to the court date - when she hinted that if we don't take the money and leave her in the house, then things can happen. She said that when people move out they damage property greatly! and she has nothing to lose, cause she has no income and place to live and does not care. So, I am sure she is capable of damaging the house.

Current situation: waiting for her to let us into the house, per court's ruling. Need to know if there is a way to protect property from her damaging it. Please help!
Please let me know if you have additional questions or need clarifications.
Thanks!

 

[ecmst12]

Do they have a fixed term lease? If so, you can't even start the eviction process until the term is up, or until she is late on the rent. Right now, she is paid up, so you have no right and no cause to evict her. If she is month-to-month, you can give her a 30 day notice to move, and you don't need to wait until she is late on rent. But if there is a longer term lease, then you are going to have to wait until August 1st to see if she pays. If she does not, you can serve a pay-or-quit notice and proceed with eviction from there. Or, if you have EVIDENCE that she has damaged or is damaging the house, that's a reason to file for eviction without being late on rent. But right now all you have is speculation. You can't evict her because you think she MIGHT not pay next month's rent.

I would suggest that you consult a landlord attorney before you file anything else, because attempting to evict her illegally is not going to help you one bit.

 

[JuliaK]

Hi, I appreciate your answer.
We started eviction when she was late on payment. only then she got scared and came up with the money. We still went to court today, and seems like the judge is leaning towards the eviction due to "you are the landlord and decide who you want in your house."
The problem now is that if the court next week (after we inspect the house, hopefully, this week) decides to evict her, she might damage the house prior to leaving. she is not afraid to do so because she has nowhere to go and nothing to lose. I am trying to find some info on how to prevent damage, because 1st of all i dont want the house to be damaged. and 2nd, i will not be able to recover any money from her for sure.
She also said that since we haven't worked out with her and did not leave her in the house, she is NOT going to pay for june or july - or until the eviction. She is just keeping the money. I am sure next week in court she'll just say that she does not have money to pay, if she is evicted.

 

[ecmst12]

There's not much you can do. This is one of the risks of going into the landlording business. Hopefully you will be more vigilant about background-checking your tenants in the future.

 

[JuliaK]

There's not much you can do. This is one of the risks of going into the landlording business. Hopefully you will be more vigilant about background-checking your tenants in the future.

Is there anything I could do post the eviction if she damages? There are other 2 people on the lease, one is working for cash, the other one has a check, but who knows?
And how can I check the next person's background, besides asking them to bring a check and their credit history? is there a better way?
Thanks.

 

[ecmst12]

Oh man, you really have a LOT to learn about being a landlord. You can do a criminal background check and you can ask for references from previous landlords, for a start. I would suggest you find some books on landlording and read them.

Once the tenants are all out and you are able to assess the damages, you can sue ALL parties on the lease for any damage. If you win, you can try to collect from all of them. You may or may not succeed, but you do not have to pick and choose which one to pursue - they are jointly and severally liable. And most likely there won't be any way to prove whether any damage happened before or after the other roommates moved out.

 

[Searchertwin]

What is the name of your state (only U.S. law)? IL

So, currently there is no decision, although the judge said that I am the landlord and can do with my house what I want.

That's correct - but as long as she is still in the house, you will have to treat her as a tenant and the rules. That's what I think he meant.

Need to know if there is a way to protect property from her damaging it.

First thing I would do in a situation like this is send Miss Sweetness, a crr letter stating a time, not asking, and see if that would be good time to inspect. Indicate that you appreciate last month and July payments, but really need to inspect. Say no more. Keep it simple. Don't let her know she can't make the payments, house to big, etc.
Than when you go to inspect, have a camera ready and take pictures, hundreds of them. Inform tenant that you are quite aware of what damage that one can do and you are just taking precautions. Make sure camera is one that has date on the pictures, one that can't be alter.
She may cause some good damage, but in the end you will get her and she will pay.
Let her know she has no income now, and may not care, but she will someday have one and you will clamp it as fast as you can.

Renters like this deserve to be treated this way. It's a shame to do this, but you have to.

 

[JuliaK]

Oh man, you really have a LOT to learn about being a landlord. You can do a criminal background check and you can ask for references from previous landlords, for a start. I would suggest you find some books on landlording and read them.

Once the tenants are all out and you are able to assess the damages, you can sue ALL parties on the lease for any damage. If you win, you can try to collect from all of them. You may or may not succeed, but you do not have to pick and choose which one to pursue - they are jointly and severally liable. And most likely there won't be any way to prove whether any damage happened before or after the other roommates moved out.

Yes, you are right, I am learning the hard way now... we did ask for LOR, and we did get one. No way to know if it's a real one. We talked to their "previous landlord" even! I don't think we did the criminal background check, but in our situation, the worst part is financial.
I guess, we could sue them. The question is - will we be able to get any money out of them, since one is disabled and working for cash (not declaring money for taxes), 2nd one - not sure how we will track her down to her work place. i hope the court can order to get the money out of her paycheck. That is if we can track her down. and the third one - claiming that she found a job now, i am sure for cash also... Don't know where she works. The bottom line, it might be impossible to get money out of any one of them.

 

[JuliaK]

What is the name of your state (only U.S. law)? IL


That's correct - but as long as she is still in the house, you will have to treat her as a tenant and the rules. That's what I think he meant.



First thing I would do in a situation like this is send Miss Sweetness, a crr letter stating a time, not asking, and see if that would be good time to inspect. Indicate that you appreciate last month and July payments, but really need to inspect. Say no more. Keep it simple. Don't let her know she can't make the payments, house to big, etc.
Than when you go to inspect, have a camera ready and take pictures, hundreds of them. Inform tenant that you are quite aware of what damage that one can do and you are just taking precautions. Make sure camera is one that has date on the pictures, one that can't be alter.
She may cause some good damage, but in the end you will get her and she will pay.
Let her know she has no income now, and may not care, but she will someday have one and you will clamp it as fast as you can.

Renters like this deserve to be treated this way. It's a shame to do this, but you have to.

These are good ideas. Thank you. One clarification: she has money to pay, but is NOT paying yet for either June or July. She said that she will keep the money, if the judge orders the eviction. No point for her to pay then.
Do you think I will be able to find her if she moves out and I don't have any info about her since then?
If you think of anything else, please let me know. i really appreciate.

 

[LdiJ]

Yes, you are right, I am learning the hard way now... we did ask for LOR, and we did get one. No way to know if it's a real one. We talked to their "previous landlord" even! I don't think we did the criminal background check, but in our situation, the worst part is financial.
I guess, we could sue them. The question is - will we be able to get any money out of them, since one is disabled and working for cash (not declaring money for taxes), 2nd one - not sure how we will track her down to her work place. i hope the court can order to get the money out of her paycheck. That is if we can track her down. and the third one - claiming that she found a job now, i am sure for cash also... Don't know where she works. The bottom line, it might be impossible to get money out of any one of them.

Again, that is the risk you take when deciding to be a landlord.

 

[JuliaK]

Again, that is the risk you take when deciding to be a landlord.

I understand. Just looking for a way out of my current situation. For any advise from more experienced members to resolve this issue. Thanks.

 

[FarmerJ]

Once you have pics if tenant destroys / vandalizes property yes its worth making a police report so what you will want to do is plan for tenant refusing to leave including probably making you use the sheriffs dept to remove them. RE take pics ,once tenant is out.

 

[JuliaK]

Once you have pics if tenant destroys / vandalizes property yes its worth making a police report so what you will want to do is plan for tenant refusing to leave including probably making you use the sheriffs dept to remove them. RE take pics ,once tenant is out.

Sorry, I am a little unclear on what you are saying. Let me see if that's what you meant: Take pics now and file THEM with police and tell the police that they threatened to vandalize. Once they leave, re-take pics, if necessary.
Do you know if the court can rule to automatically deduct payments out of a former tenant's salary until they pay off damage? Can they be found then by police, if one of them hopefully legally working for a check (not cash)? Because I don't think we have info on where that person is working. I would have to ask my husband about that.

 

[MIRAKALES]

The primary obligation of the landlord is to be responsible for the maintenance of the premises, regardless of the disposition of the tenant. The tenant is legally obligated to allow entry for maintenance and repairs with a twenty-four (24) hour advance written notice of entry by the property owner. If the premises are substantially damaged upon inspection, telephone the police department to file an official complaint report to be submitted with the property insurance claim to the homeowner's insurance provider.

Join a Landlord Protection Association to learn the proper business practices to best manage property and tenants. To confirm eligibility of a prospective tenant for rental, the landlord should perform an employment verification (income/job references), credit verification (debt-to-income ratios), criminal background check with the all important landlord references.

 

[JuliaK]

The primary obligation of the landlord is to be responsible for the maintenance of the premises, regardless of the disposition of the tenant. The tenant is legally obligated to allow entry for maintenance and repairs with a twenty-four (24) hour advance written notice of entry by the property owner. If the premises are substantially damaged upon inspection, telephone the police department to file an official complaint report to be submitted with the property insurance claim to the homeowner's insurance provider.

Join a Landlord Protection Association to learn the proper business practices to best manage property and tenants. To confirm eligibility of a prospective tenant for rental, the landlord should perform an employment verification (income/job references), credit verification (debt-to-income ratios), criminal background check with the all important landlord references.

Thank you, this is helpful. If anyone think of anything else, similar to this advice, please let me know.
If she does not let us in, can we open it with a key and come in? if she is at home? if she is not at home? I am worried it will be called illegal entry.