• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Tenant sublet, now will not Vacate

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Danielles19

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

In 2010 my mother rented her 4 bedroom home to a guy. She lives out of state. He started to become more sporadic with rent, a couple of hundred here and there, never the full amount. In February of this year, he did not pay anything. He kept saying he would send her the money. He sent her about $300 and nothing in March. He avoided her phone calls on the matter and avoided her visits when she traveled to the location.

In April on a trip up to the house to show to a potential buyer she was surprised to find a woman with 7 kids living in her home. She talked with the woman and was informed that the original tenant rented the house to her. My mother informed the woman she was the owner and offered to work with the woman but advised her she would need to pay rent. She left her phone number with the lady. She called the original tenant and advised him he needed to pay the back rent or she would evict him and work with the woman. He scoffed and said he would file bankruptcy if she did.

In May she went back to the house and informed the woman she would need to vacate because her house has sustained thousands of dollars of damage. The woman refused. My mother contacted the local police department. When they arrived the woman informed the police the original tenant SOLD her the house! She refuses to leave and the original owner refuses to acknowledge her calls. Thh police refused to remove her.

In the meantime it has been discovered that the woman is receiving Section 8 vouchers for housing which we assume she is paying or dividing up with the original tenant. My mother has reported this suspected fraud to the housing department.

What recourse does my mother have to get back possession of her house?

She plans to sue the original tenant but what does she do with the "squatter?"

Thanks for your insight.
 


xylene

Senior Member
Your mother need to hire a lawyer to evict and sue

Your mother SHOULD have done this at the very moment, the very first time that rent was not paid in full.
 

Danielles19

Junior Member
Surprisingly the police were very unhelpful, even with all the paperwork she provided including her mortgage. Are the police supposed to act on such matters?
 

Banned_Princess

Senior Member
Surprisingly the police were very unhelpful, even with all the paperwork she provided including her mortgage. Are the police supposed to act on such matters?
Absolutely not. it isnt their problem its a civil matter and until a judge has signed the warrant to remove them, they stay.

your mother needs to right now, write a letter stateing they have 3 days to pay the rent. name both the orig tenant and the woman living there.

4th day go to civil courthouse and sue for possession. name all persons she knows (woman and orig tenant) AND all persons unknown.

this may take a few months. in the meantime, all your mom can do is wait.

after the court evicts her, then the sheriff neeeds to be called in to physically remove her.


whoever told you in this post to take the title to the police had mislead you. I'm sorry.
 

Banned_Princess

Senior Member
In the civil suit, sue for possession from all persons known and unknown...


include a request for a judgement of ALL of the rent that went unpaid... and all of the damage she believes to be there.. or the civil court's max of 5k, whichever is lower.
 

LillianX

Senior Member
It's iffy in this situation, but generally, landlord-tenant issues are civil matters, and the only time police get involved is in the actual eviction... that is to say AFTER the court has ordered the person out.
 

Banned_Princess

Senior Member
It's iffy in this situation, but generally, landlord-tenant issues are civil matters, and the only time police get involved is in the actual eviction... that is to say AFTER the court has ordered the person out.
There is no IF about it.

Court has to sign the removal warrant, and the sheriff have to come to actually remove him.


the problem will be if the dude does file bankruptsy. then for some reason he gets to stay

thats why it is imperitive that she hurry up and get them served, in court, and a judgement before that happens. (so he cant stay, after judgement if he files, then he wont have to pay the judgement.)
 

LillianX

Senior Member
There is no IF about it.

Court has to sign the removal warrant, and the sheriff have to come to actually remove him.


the problem will be if the dude does file bankruptsy. then for some reason he gets to stay

thats why it is imperitive that she hurry up and get them served, in court, and a judgement before that happens. (so he cant stay, after judgement if he files, then he wont have to pay the judgement.)
I agree with you. My "iffy" comment was in regards to her tenant "selling" the home to the current occupant. I can imagine the police being interested in that, however as far as getting the occupant out, the only way that's going to happen is via eviction.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top