Tenant Ignoring Nonrenewal - Advice?

[Mike J.]

Hi everyone,

I'm running into an interesting situation and am not sure which path to take.

I own both sides of a townhouse-style building. I am actively showing one unit to potential tenants, but the unit next door os currently inhabited by a family that is causing some headaches. The family in the inhabited unit was on a month-to-month lease until a couple of months ago, at which point I had my attorney send them a 30-day notice of nonrenewal of lease.

The tenants are effectively ignoring the nonrenewal notice, and my attorney has reached out directly to these tenants a number of times in order to offer them more time to vacate, as they are a little older, aren't in the best physical health, and have an adult son for whom they care.

My attorney is communicating with the tenants on my behalf, exclusively, as I wanted to be as legally cautious as possible.

The tenants are not responding to my concession to allow more time to vacate (they asked for an additional six months - unreasonable - I countered with two months), and they still claim to my attorney that we have a valid lease, despite there being a valid nonrenewal notice having been issued. So, the tenant is not being truthful.

I have not, as of yet, proceeded with an eviction (which are still subject to a moratorium in Illinois). They have also not responded to a cash-for-keys suggestion that I and my attorney made.

Payment of rent has never been an issue. However, they have flagrantly broken several of the lease terms. There is also the issue of domestic disturbances that I have heard from the previous tenant in the connected unit (she sadly passed away earlier this year, hence the ongoing new tenant showings), as well as the neighbors, as well as the local police blotter. Aside from the blotter, the other anecdotes are all hearsay, but this coupled with the non-truthfulness is concerning.

My attorney has suggested that our two options are either eviction, or I sell the property. I'd really prefer not to sell, but with my attorney's concern about the moratorium being an obstacle, I am searching for some insight or creativity as to what to do next.

Any advice is welcome and appreciated!