I went through most of an eviction with a lousy tenant and they have vacated the premises. I plan on getting the judgement in court for the eviction and I plan on suing them in small claims court for back rent, cleaning costs and some damages. I realize these losers are probably not going to pay me, or it will be down the road. That's fine, it's the principal of the thing. Here's the question:
They had turned my house into some sort of loser inn and I was told by someone that they had up to 8 people living in this three bedroom house (originally just two people living there). I have been able to piece together who was living there by some clues around the house. Can I name these people in the suit as well, or just the renters?
Real Estate Broker · 3412 S. Harlem Avenue Riverside, IL 60546 · Member since 2015 · 6k+ posts · 5k+ votes
7y
@Jim Bryant sorry to hear about your bad experience. This question is really something that only an attorney could answer. As a side note, I would personally just move on and start making money again with the place. It can be frustrating to see how tenant friendly laws can be, but at the same time you will become wealthy if you keep your eye on the goal instead of focusing on some small losses when you have the occasional eviction.
Real Estate Broker · 3412 S. Harlem Avenue Riverside, IL 60546 · Member since 2015 · 6k+ posts · 5k+ votes
7y
@Jim Bryant sorry to hear about your bad experience. This question is really something that only an attorney could answer. As a side note, I would personally just move on and start making money again with the place. It can be frustrating to see how tenant friendly laws can be, but at the same time you will become wealthy if you keep your eye on the goal instead of focusing on some small losses when you have the occasional eviction.
Rockaway, NJ · Member since 2016 · 2k+ posts · 2k+ votes
7y
usually an eviction is done against "named tenant" and "any unknown occupants" or something similar. this gives you the right to evict anyone living in the property. otherwise, you can only evict the named tenants and anyone else living there is allowed to stay (and let the others back in). This doesn't appear to be your case, as it sounds like your place is now vacant.
If your eviction was filed as above, I believe you will only still be able to place a judgement against the tenant you leased with, as you have no agreement with the other occupants. You can discuss this with an attorney if you want to pursue, but to my knowledge, you cannot collect against "unkown occupants" even if you get their name later.
Investor · Chicago, IL · Member since 2011 · 12 posts · 5 votes
7y
You should do a cost/benefit analysis on pursuing the back rent/cleaning/damages costs. Your filing and service fees alone will probably be a few hundred dollars and as you said it's not likely you'll collect. The kind of people who pay to live with 7 other people in a 3 bedroom house aren't likely to have much in collectable assets.
As for the other people, you're going to have trouble proving anything in court against them. You don't have any contract with them and your proof that they lived there will be circumstantial at best, especially after they get to tell their side of the story. ("I just had a letter delivered there because I didn't want my wife to see it.")
Principals don't pay the mortgage. Rent the place, make money. Let the deadbeats be deadbeats.
I'm set on pursuing this one. Yeah I suppose I'll have to ask, I think I have some good evidence that they were living there, lots of letter, prescription drugs, kid's report cards with the address. I'll see, it took me all day to get the place cleared out and about 4-hundo on the dumpster. Cat piss smell, still a work in progress :D.
I know the juice probably won't be worth the squeeze, but I would like to be the reason for annoying phone calls and possible garnishment down the road.
Also I'm calling CPS on them, no child should have been living in that joint! There were straight up pee bottles, that had more than pee in them. Animals!