All Forum Posts by: Jay P.

anyone on this?  bump

Hello All, 

I was given a judgement in court against a tenant and now that the tenant is out, I was wondering how I go about sending this to collections or collecting on the judgement. 

I know I probably wont see a penny but I want it on his record that he owes money. 

Thanks

thanks, yes i can keep his deposit for all the missing rent thankfully 

I can manage it just fine, the guy was a nutcase that my old realtor stuck me with. 

the next tenant will jump through my hoops and not a greedy realtors 

Hi All,

State: IL

County: Dupage

After several month my tenant has SLOWLY moved out at his convenience! 

He has been moving out slowly since the end of June (he was supposed to have been out by June 30th) 

Anyways, he handed over the keys and possession On July 7th and disconnected utilities etc that same day. 

Turns out he left a TON of stuff behind since he could not afford to move it, 

He finished moving all that stuff yesterday (July 18) but still left behind a car lift in the garage and a fridge (not sure why he needed either) 

My attorney went to court this morning and the judge signed a "closing writ of restitution" considering he had no date as to when he would move those 2 items. I asked him when they would be gone and I was given plenty of racial slurs and verbal abuse. 

1. My question is do I need to wait for the sheriff to tell me to junk his car lift and fridge? Or do I have to wait for a sheriff to instruct me to get rid of the stuff?

2. Also is this "closing writ of restitution" mean that he has an eviction on his record? I hope so since I wouldn't ever want ANYONE else to get stuck with this idiot. 

3. he damaged up the property quite a lot too and he insists I cannot use his deposit for repairs (I will be though) how soon do I have to send him an itemized deductions from his deposit? I live out of state of where the property is so it might take a bit of extra time. 

Thanks all I finally have my property back - too late to sell probably but if I need to lease again I will be making the new tenant jump through a LOT of hoops! A big lesson learned 

Thanks to everyone who helped over these last few months! 

@Deanna McCormick

Is there a place I can find more information on how you lease? 

In case it does not sell again this year and I need to find a new tenant? 

Also it there a link or a sticky on how a tenant should be best screened? 

Thank you very much for your help and input over the last few months!!! 

@Deanna McCormick

I was an accidental landlord. Moved out of state and couldn't sell and after a year of the house sitting empty i reluctantly put it out on a 2 year lease. 

The tenant did all this so that I could not sell it this summer and he said so too and wanted to waste as much time of mine to sell as he could. 

He is being vindictive, but im sure karma will come back at him one day

@Deanna McCormick

I had an attorney who completed all this. 

The judge wanted us to keep making deals with this tenant, even though there were grounds to evict. The tenant had broken every agreement in the original court order signed March 31st and he still will not evict. 

In the end the judge gave me possession as of July 1st (he has to be out by June 30, or a eviction order will be signed by the judge and taken to the sheriff. 

A monetary judgement of the missing rent was also given to me. 

The court case online reads as: 

Case Name: RESIDENTIAL FORCIBLE ENTRY AND DETAINER (POSSESSION AND MONEY JUDGMENT) 1,500.01 - 15,000

Current Status: 

POSSESSION OF REAL ESTATE 

CLOSING MONEY JUDGMENT- FILED

Next hearing is for July 12th if he is not out by then, but I will push for it to happen even sooner if he is not out by July 1st. 

Thanks

@Deanna McCormick

@Thomas S.

Hello, Thanks all I went ahead and did this, IL allows rent to be deducted. Not sure about legal fees 

This tenant was very lucky as the judge was pro tenant and keeps giving him "chances" over and over again. I did some research on this judge, it seems he evicted a couple of nuts cases  a while ago who started following and harassing him and I guess he no longer has the courage to do an eviction unless it is last choice (even then who knows). 

These types of events should stop a judge from being in this position since it seems he has been compromised. 

I'm in the process of emailing and mailing a move out letter today so he knows what to is expected. (not that he probably cares) 

Hi All, 

In my lease agreement with my tenant it reads: 

"Tenant herewith has paid to Landlord the security deposit stated above, receipt of which is acknowledged by landlord, as security for the faithful performance of the terms of this lease by tenant, including, but not limited to, payment of rent and to the return of the premises in undamaged condition." 

The tenant is behind 2 months rent at this point and is planing on leaving end of June (hopefully). I plan to use whatever is needed to repair the damages (if any) from the security deposit. 

Can the remainder be kept for unpaid rent as per excerpt from the lease above? 

The tenant was also able to accumulate several fines from the city for parking a trailer on the property but if this is not resolved the city can place a lien on my property and make it my problem, can I keep the security deposit for this also? 

I do have a monetary judgement from a judge as this tenant has done nothing but cause problems and has refused to leave.

Thanks

@Andrew Holmes

Thanks Andrew, 

Last question, if he tries to find another place and the landlord checks on him will they see anything in regards to my case against him? 

The unlawful detainer? 

The monetary judgement? 

Thanks very much!