All Forum Posts by: Jay P.

Hi All, 

I have a court hearing for judgement on May 3rd.

The tenant and I agreed at the end of March that all rent from Feb to Current would be paid by April 15th. This was a court order agreement. 

So far, I received a check TODAY (May 1 2017) for 50% of the rent he owed for Feb. 

He is emailing my attorney and myself saying how he has mailed out the checks for the previous months and that they must be lost in the mail or that I am not cashing them. 

He did send this one check I received "certified" but nothing else was certified. 

Does this type of excuse work in Court to delay this judgement further? As I am guessing his end goal is to delay and get as long as he can for free. 

Thanks

@Marcia Maynard

Hi Marcia, 

thanks again, it seems in this county it is now a matter of public record since the entire case history does show up. 

@Marcia Maynard

Hi Marcia, 

Thank you for the clarification - now I have learned something new! - again! 

Yes my attorney has filed the Unlawful Detainer. If this has been filed can a new potential landlord see this when he runs a check on him? 

Thank you very much for that explanation.

@Eric Worral

Thank you Eric.

I am praying the tenant is evicted on May 3rd and the judge stops feeling sorry for him, 

@Matthew Olszak

He probably was pulling everyone's leg, but I am sure he tried to leave since he was already ordered to pay up. He probably didn't want to pay and so he if  moved he could have gotten away with as good as living for free for the last few months. That must have fell through for some reason (I know he has poor credit too). 

I hope he does get evicted and it goes on his record. But I have discovered the law allows losers like this  to get away and keep cheating everyone. I guess it is good for the attorneys and keeps the civil courts in business, 

@Jeff B.

I have been able to go to the court website for Dupage County, IL  and find the case showing as active and each motion and hearing etc. 

I am wondering if this went on his credit or something

He thinks that we should be able to get him out if he doesn't pay the rent by the time the hearing comes around. 

But who knows if he pays - the judge seems to be very pro-tenant. 

I am more concerned about it being on his record (even before he is evicted) and he will try to buy more time now (although I think it is a good thing it is on his record so others can see what he is doing and that he is being evicted for non payment of rent)

Hi All,

I started an eviction on a tenant of mine who has not paid since Feb.

The situation went to a "pre-trial" where a court order was formed where the rent/utilities would be paid by the tenant and he would let us in to sell the property and show the property for him to stay until June 2017 - all this had to be done by April 15th. (Court order was set on March 31 2017)

The tenant since then has not paid utilities nor the rent and decided to not let us in to sell the property.

It turns out he did this since he had found another place to live. That deal fell through and now he wants to pay and co-operate etc. I guess he felt like he could walk away without paying for anything since he found another place.

My attorney put in a motion for judgement since he reneged on the court order and the hearing is set for May 3rd 2017.

My question is:

Even though he has NOT been evicted (yet) is the fact that I started eviction proceedings is this on his record and this could have scared off the other (smarter than me) landlord?

I know some of you have been following my story for a while - I just hope he doesn't pay by end of money and he is evicted.

Even if he pays his rent can he be removed for not paying his huge utility bills?

Thank you 

thanks Kim, I hope so also. I was shocked to hear the judge was siding with him over the utilities. 

Basically the property has an indoor pool and hot tub. The hot tub is not functional and the tenant was told this in the lease agreement and to NOT use it but he still used it. Due to this it lost water and kept refilling it. 

The water bill went high but the judge seems to think that because he cannot use the full utilities of the home that the we as the owners are responsible for the water since the hot tub is not functional. 

I could not believe the judge was siding with the tenant when the lease agreement is explicit I the fact that the hot tub is not functional.

I just hope the judge agrees and evict him for not showing the property instead of saying "well he has to go out of his way to show the home now!! so I do not think he should be evicted or forced to show the home!" (Even though the tenant agreed in pre-trial)

      Hi All,

I know a lot of people on this site have give me a lot of help over the last few months in regards to a problem tenant who would not pay his rent unless I extended his lease (along with many other lease violations)

Thank you to you all who have helped so much with some great advice and options!

Just a quick update.

After several threats of the tenant wanting to take me to court (for not selling him the property) his attorney advised him he had nothing to go on for his counterclaim

Based on this a court date was then postponed (after I was scheduled to fly into the state where the property is located) and then a second court hearing postponed due to a deal being struck out in the pre-trial conference.

We agreed to allow this tenant to stay in the property until June so that his son could finish his school. In return he would pay all his bills and the rent that he has missed and the various other bills he owes to me. - all by April 15 2027

Another condition that was agreed upon was he would allow us to get the property on the market so we can show it to buyers and sell and we can move on from this.

So far...

+ No rent or bills paid

+ My realtor has contacted him and he is refusing to allow the home up for sale or let the realtor in to take pictures etc.

My attorney is planning to contact his attorney to remind him of his agreement or my attorney will proceed with a motion to evict in court.

I cannot believe that after all this he still is being ridiculous about this. He cannot afford the property yet he think he has some divine right to stay there.

The reason this deal was agree upon was since the judge sided with the tenant for his unpaid sewer and water bills. (Unbelievable but true for various reasons which I cannot understand)

I hope (if he continues to violate the agreement in pre-trial) the judge sees through this person.

Thanks again to everyone!!!

I hope to either have this guy out soon or or agrees to pay up and allow the property to be shown. But who knows which way this will go especially if he violates the agreement in pre-trial and the if the judge still sides with him (hopefully not).

Not sure if anyone has experience with these types of agreements made in pre-trial?