My mom owns rental property and her renter pays his rent like every 2 months and it is due on the 9th every month! He catches up but is never on time.......can anyone help her because he already told her he can live there for 3 months free before she can actually get him out! Is this true?
2007-10-18 03:46:48 · 3 answers · asked by Kaytie82 2 in Business & Finance ➔ Renting & Real Estate
they have no lease it is a verbal commitment on the renters part, but he agreed to pay on the 9th of every month! I told her make up a month to month lease agreement but, since it is just verbal can she just tell him to leave or not? She has a prospective renter ready to move in and pay monthly but she cannot get this guy out of there
2007-10-18 04:12:57 · update #1
Your mother needs legal advice since it is covered under state law.
2007-10-18 03:54:12 · answer #1 · answered by Anonymous · 0⤊ 0⤋
She can file eviction proceedings as soon as the rent is overdue. For non-payment of rent the courts are usually very responsive and in most jurisdictions she can have him on the street in about 30 - 45 days. The court will also order the payment of any rents in arrears and may order the balance of the least to be paid as well.
Consult with a local attorney on this. She can include the attorney's fees and court costs in the suit. It's possible to do this yourself but the requirements are pretty exacting and if you get it wrong you have to start over from the beginning. The Clerk of Court's office may assist you in filing the matter without an attorney but cannot give legal advice.
2007-10-18 11:02:37 · answer #2 · answered by Bostonian In MO 7 · 1⤊ 0⤋
No, that's not true. You should have your mom seek legal advice usually the first interview is free.
In this forum participants, such as myself, give opinions on subjects that they feel they know the answer to and sometimes those opinions sound exactly like the right answers but they might not be due to the varying laws in each state, and anyone can make a mistake, that’s why I like to give links to resources that you can check all answers against, including my own opinions, in case my opinions are wrong. Since most of these links are from state & federal government & non profits sometimes they change them, let me know if the links are wrong so I can go find the new ones. So to that end here are some links that you might want to check before relying on information and opinions that you get in here, and that you might be considering following up on and as always verify everything with a licensed professional.
LANDLORD TENANT ACT: http://www.ilga.gov/legislation/ilcs/ilcs2.asp?ChapterID=62
Eviction information booklet: http://www.tenantunion.uiuc.edu/hb25.html
State bar Association: http://www.illinoisbar.org/
Additional Details:
The fact that there is no written lease does not affect your mom having to follow the procedures outlined in the Landlord Tenant Act link above, your mom still has to give the tenant the notice in writing. The individual is still your mom's tenant but is on a month to month tenancy in accordance to the act. Our real estate agency has to do this all the time.
2007-10-18 11:00:30 · answer #3 · answered by newmexicorealestateforms 6 · 0⤊ 3⤋