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Termination of lease

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A

ace-red

Guest
I'll make this as simple as possible...ILLINOIS.

I had inquired in early July about an eviction judgement and received feedback…Thanks!
I did find a place, a house to be exact. Here’s my question. The landlord said that he would have the current tenants out by 07/24/00 so that the place could be cleaned before my move in. In speaking with L’s brother, I found that the current T’s have not paid rent to L in 2 months. He (L) has not taken current T to court. He served T with a 5 day notice that stated if the balance owed was not paid in full by 07/19/00 (today) the lease would be officially terminated. And that they would have until 07/23/00 to vacate the premises. If they (T) weren’t out on that day he (L) would contact the County Sheriff to have them escorted from the property. Can he do this? I am unsure because he is not trying to get the money back from them. He just wants them out! If the information seems a little sketchy is because this is something that I truly know nothing about. I am just trying to look out for myself. I already signed the lease to gain occupancy on 07/28/00 and have paid my prorated rent for the days leading to 080100, my deposit and the rent for August. If these current T’s don’t go what are MY choices??? I will have no place to live, and I won’t have anyplace to put my stuff (my current lease ends July 31st). I already asked my L for an extension but was refused. Do I have to pay for a hotel and storage and then go after my new L for the $$ for the property not being available when he said that it would? My main concern is this : Is he doing this eviction of the current T’s legally?I don't have time to find another place!!!!


[This message has been edited by ace-red (edited July 19, 2000).]
 


T

Tracey

Guest
Nope, his eviction is completely & totally illegal & he'll have a rude awakening when he asks the sheriff to toss them off & is told "where's your writ of possession?" However, this is not your problem. You can read the ejectment statutes in ICLS 735-5/6. (IL Consolidated Statutes) The landlord tenant acts are in 765, but they're pretty useless. If L can't deliver possession on the 28th L has to pay your hotel room until you can move in. L also has to pay any storage fees you incurr for your stuff. Talk to L & express your concerns & ask L which hotel he wants to put you up in if Ts don't vacate on time. This will put L on notice that you expect L to deliver a place to live, even if he has to pay for it out of pocket. You should probably send L a "confirming letter" after you talk, detailing the substance of your conversation & naming the hotel/storage facility.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.
 

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