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Updated almost 8 years ago on . Most recent reply
Tenant starting a lawsuit after eviction was sent.
Hi All,
State: IL
My tenant is finally due in Court this Wednesday for the first Eviction date. Since he has been served the summons we have received multiple text messages from him that he is starting an "in-depth" lawsuit against.
I am not sure of the exact details of this lawsuit just yet. But it could be things such as:
1. He had a 2 year lease which ends July 31st 2017. He wanted 4 years lease but we turned this down. He wanted to purchase after 4 years but we told him we are not looking to lease for this long and only agreed to a 2 year lease.
2. He has been misusing our pool (indoor) and he cause mold - we had the issue fixed 2 times and sealed to prevent problems - I think he is going to try to claim health issues also.
The fact is I have given him many opportunities to leave and release him from the lease for health reason (since Jan 2016) But he has not,
All in all I think he is trying to manipulate us into selling our home to him for next to nothing (I have an email from his realtor - as late as Jan 28 1017 - listing ridiculous issues with the home and how an agreement cannot be reached unless we significantly reduce the price)
We have no purchase agreement and no 4 year lease agreement and we have been telling him that we intend on selling once his lease is up since the beginning of his current lease. We have the paper work for the work done on the mold also (that he caused - I have a feeling it was done on purpose by NOT using the de-humidification system)
He is being evicted for multiple lease violations (Not paying water bill (over $1000) or the sewer bill (over $400) and making changes without written consent and finally not paying 50% rent - he told us over the phone he would not pay until we agreed to extend his lease)
My question is: Will judges see through this frivolous lawsuit? I see this as a bully and retaliation tactic since he is not getting his way and now that he has been served court summons he is going to try to list as much as he can in this lawsuit.
He has threatened my wife over the phone that he will try to get every penny he has paid us in rent since Aug 2015
I will get an attorney on the case of this lawsuit but wondering if anyone has experience with this type of lawsuit after eviction is filed.
Thank You
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- Rental Property Investor
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most people who are serious don't threaten lawsuits, they file them. Lots of bark here but I doubt there is a bite