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Updated almost 4 years ago on . Most recent reply

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66
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Michael Johnson
  • Investor
  • Chicago
55
Votes |
66
Posts

Just closed - "tenant" didn't move out in Chicago. Need Advice

Michael Johnson
  • Investor
  • Chicago
Posted

Hi Everyone, 

I just closed on a property yesterday . I went to check one of the units and the "tenant" was not moved out. I was told by the seller that there was a verbal month to month lease with the tenant who DID live there. The gentleman who is there now was just brought in by the previous tenant to help subsidize his rent and was never on any sort of lease. When i walked up to the door he posted a sign saying I couldn't change the locks or anything until 6/30 due to the moratorium. He then followed-up by sending me a signed moratorium document via text. When i called him and asked what his plan was he acted like he didnt know he was supposed to be out and said he wants to stay and "would pay". I want him out and since there is no documentation saying he had/has a lease, is he covered under the moratorium? What is the best approach here? Cash for keys? Be civil and try to work an agreement out or do I treat the situation as if he is a squatter and cut the power/gas (this advice was given to me but seems extreme). I'm trying to stay within the legal boundaries and get him out as soon as possible - what are your thoughts? Thanks in advance!

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Replied

@Michael Johnson you didn't walk the property before close. How did you know if it was still standing. You didnt have to close until everything was done to the agreement. If the tenant was supposed to be out, then until the tenant is out you don't close. Yes that is your tenant. He has possession of your property. Contact an attorney and start eviction. Do not do a self help eviction and turn off utilities or lock him out. Some jurisdictions you could be liable for triple damages. I believe Chicago is one of those. Find the pertinent landlord tenant laws and study them. Good luck

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