New Landlord: Made a Mistake and Now I Need to Fight in COURT

[NewbieLandlord1]

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

Hello Everyone,

I’m a new landlord that has made a TERRIBLE mistake that has been stressing me out and costing me many sleepless nights. I bought a property (a mobile home) that needed about $3,000 worth of repairs. The plan was the have the repairs complete and then rent the place out.

Then along came an individual who was claiming he had to move out of his current place because he was renting a room and the homeowners needed him to vacate because they were adopting children. Looking back, it was probably the stupidest decision ever to take his word on all these. Long story short, we agreed that he would do the repairs in exchange for me doing him the favour of allowing him and his daughter to get in the mobile home before it was ready. I had him and her sign a lease and at the end of the lease there was a section explaining this. He was to have his deposit and first month’s rent covered by me in exchange for the work.

The second month comes around and he doesn’t pay rent. I kept hearing excuse after excuse until I finally gave him a 5 day notice and after that had a sheriff serve him. He came to his appearance date and got another date for a trial without a jury. He called me saying that if I gave him $40 he would move out, and I would have done it if I trusted him one bit but I told him I can’t do that. He told me he knows the eviction process more than I do and that he can stay for at least 90 more days by going to court because his daughter is underage (apparently).

Basically, I was wondering if anyone has any advice for what I can use as my defence in court. I want him out of my mobile home and he has not paid rent for two months now (it will be three by the time the court date rolls around). I have text messages where I have asked for rent and he gives excuses asking for more time. I also have a video where I asked for the rent when I went to check the work he did. I would really appreciate any advice. I am desperate at this point. I do realize I was a fool, but you live and you learn.

Thanks.

 

[sandyclaus]

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

Hello Everyone,

I’m a new landlord that has made a TERRIBLE mistake that has been stressing me out and costing me many sleepless nights. I bought a property (a mobile home) that needed about $3,000 worth of repairs. The plan was the have the repairs complete and then rent the place out.

Then along came an individual who was claiming he had to move out of his current place because he was renting a room and the homeowners needed him to vacate because they were adopting children. Looking back, it was probably the stupidest decision ever to take his word on all these. Long story short, we agreed that he would do the repairs in exchange for me doing him the favour of allowing him and his daughter to get in the mobile home before it was ready. I had him and her sign a lease and at the end of the lease there was a section explaining this. He was to have his deposit and first month’s rent covered by me in exchange for the work.

The second month comes around and he doesn’t pay rent. I kept hearing excuse after excuse until I finally gave him a 5 day notice and after that had a sheriff serve him. He came to his appearance date and got another date for a trial without a jury. He called me saying that if I gave him $40 he would move out, and I would have done it if I trusted him one bit but I told him I can’t do that. He told me he knows the eviction process more than I do and that he can stay for at least 90 more days by going to court because his daughter is underage (apparently).

Basically, I was wondering if anyone has any advice for what I can use as my defence in court. I want him out of my mobile home and he has not paid rent for two months now (it will be three by the time the court date rolls around). I have text messages where I have asked for rent and he gives excuses asking for more time. I also have a video where I asked for the rent when I went to check the work he did. I would really appreciate any advice. I am desperate at this point. I do realize I was a fool, but you live and you learn.

Thanks.

I hope that you have had him properly served with all the required notices. I also hope that you have video of the conditions in the mobile home that were supposed to have been repaired by the tenant, along with a very detailed description to back that up as part of your lease.

Don't let this guy fool you. There is no such clause that gives preferential treatment due to having an underage child. He's simply using that as yet another excuse for playing you and dragging this out even further.

Also note that Illinois is a "two-party/all-party" consent state as far as recording private conversations. Unless you specifically obtained his permission to videotape with audio, don't even bother trying to introduce the fact that you asked for rent in the video. Not having his permission to record the conversation might be more than enough to keep that tape from being legally admissible as evidence.

The best advice I can offer you is to hire a good attorney to manage your case from this point forward. They should have both the experience and expertise in dealing with difficult deadbeat tenants, and will give you the best possible chance at winning your case in court. And for future reference, instead of taking a potential tenant's word for their background and rental history, as well as their credit history, do a thorough background check FIRST.

 

[FarmerJ]

Having minor children does not have a huge impact on how much time a tenant is given to get out by a court. I have seen single childless adults get 24 hours to vacate from a judge and Ive seen tenants with younger children be granted up to 7 days to get out BUT at this point I suggest you get the help of a real estate atty or one who does mostly all evictions SO this way it will be done cleanly and there will be little of any chance of tenant beating this in court.