Tenants refuse to leave

[HilaryG1]

We live in Illinois. We purchased a home that the previous owner had rented. He gave a verbal 60 day notice to them and a written 30 day notice with proof of service. Today is the day our contract says we are to take possession of the home and it aligns with the 30 day notice. We have closed on the home and are owners on record at the court house. The tenants called and are refusing to leave. I know I will have to file an eviction notice but the only 2 cases for eviction I am seeing are for failure to pay rent or illegal activity. Neither one is the case here. What do I do? We are being forced to put our belongings in storage and stay with family until we can remove them since we sold our home and dont want to be in breach of contract.

 

[Just Blue]

We live in Illinois. We purchased a home that the previous owner had rented. He gave a verbal 60 day notice to them and a written 30 day notice with proof of service. Today is the day our contract says we are to take possession of the home and it aligns with the 30 day notice. We have closed on the home and are owners on record at the court house. The tenants called and are refusing to leave. I know I will have to file an eviction notice but the only 2 cases for eviction I am seeing are for failure to pay rent or illegal activity. Neither one is the case here. What do I do? We are being forced to put our belongings in storage and stay with family until we can remove them since we sold our home and dont want to be in breach of contract.

Did the tenants have a lease? If so when did that lease end?

 

[HilaryG1]

Did the tenants have a lease? If so when did that lease end?

The tenants were on a month to month lease. That lease ends today

 

[Zigner]

I know I will have to file an eviction notice but the only 2 cases for eviction I am seeing are for failure to pay rent or illegal activity.

I don't know where you looked, but failure to move after receiving proper notice IS grounds for eviction.

https://www.illinoislegalaid.org/legal-information/evicting-tenant-0
Honestly, I would suggest that you have an attorney handle this matter for you so that you are sure it is done properly. It will likely be quicker and cheaper in the long run.

 

[STEPHAN]

Why did you close? I would never close before I see the house empty.

 

[HilaryG1]

Stupid. I know. We bought the home from a family member. Lesson learned. But we cant change that we already closed so it is what it is. If you have any advice on how to properly evict them, please let me know.

 

[HilaryG1]

Why did you close? I would never close before I see the house empty.

And to be honest, the tenants started this process. They called and said they were moving out 90 days ago to move closer to their work. He informed them he was putting the home up for sale then. He called them on the 60 day mark and gave verbal notice. He sent a 30 day written notice with proof of service as well. So we assumed they actually were moving. They had been great tenants for 7 years.

 

[Zigner]

If you have any advice on how to properly evict them, please let me know.

https://forum.freeadvice.com/threads/tenants-refuse-to-leave.654395/#post-3632323

 

[not2cleverRed]

Stupid. I know. We bought the home from a family member. Lesson learned. But we cant change that we already closed so it is what it is. If you have any advice on how to properly evict them, please let me know.

Zig very nicely suggested a link to Illinois (<- your state) Legal Aid Online's page on "Evicting a Tenant".
Zig pointed out that one of the legal reasons to evict a tenant is covered by "Does not have a written lease, but pays rent monthly, and the landlord gives a 30-day notice to move."

Are you saying that Zig is chopped liver? His avatar doesn't look like chopped liver...

 

[Just Blue]

Zig very nicely suggested a link to Illinois (<- your state) Legal Aid Online's page on "Evicting a Tenant".
Zig pointed out that one of the legal reasons to evict a tenant is covered by "Does not have a written lease, but pays rent monthly, and the landlord gives a 30-day notice to move."

Are you saying that Zig is chopped liver? His avatar doesn't look like chopped liver...

Zigs avatar EATS chopped liver!!!

 

[Zigner]

Zigs avatar EATS chopped liver!!!

Even sharks have standards...

 

[adjusterjack]

Stupid. I know. We bought the home from a family member.

Like I always say. Never do business with family. Family will screw you worse than strangers.

If you have any advice on how to properly evict them, please let me know.

If you need to ask that question, you need to hire a lawyer to get the eviction done right.