Should We Get Them to Pay or Just Evict Them?

[Eric B.]

My partner and I acquired a house in Abingdon, IL via over the counter sale in late 2019. Two months ago, we found out that there is a couple living in the house. Naturally I assumed they were squatters, so I contacted the local sheriff. The local sheriff told me the people living there have been paying the water bill in that house since 2014. He told us if we wish we could arrange for these people to pay my partner and I rent, but the sheriff would not force them out because they are considered legal tenants. Which makes no sense because they are not paying my partner and I anything to stay there despite the fact that we are the owners, and the sheriff himself even confirmed that.

What would be more beneficial: starting the eviction process or compelling the tenants to pay us rent? Are there any lawyers in the area to recommend in case we decide to evict? I've never evicted anyone, and definitely need advice in that matter!

We have prospective buyers for this house. But they need to see the inside of the house. But we can't get the buyers inside to see until we get these nonpaying tenants out. That's why I must either get them to pay or evict them.

Any advice and/or resources you can offer will be greatly appreciated, by myself and my partner!

[Dillon Cook]

You closed in late 2019 and just found out they have been living there this year?

Depends on what you want to do. Either way, I would contact them directly and tell them you need to set up a written lease with market rate rent or give them the opportunity to leave the property within a reasonable amount of time. Encourage them by saying you won't file an eviction if they do so. This will save you hundreds or thousands and it will keep their rental record clean.

You could even offer them cash for keys (if that works in IL?) before proceeding with a potentially lengthy and costly eviction.