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Can we immediately evict a tenant?

Chicago, IL |

First lease given to tenant, the tenant altered the lease with out my landlords knowledge. Landlords bought back the lease for me to inspect. Landlords English is not fluent, and told them what they can and cannot do. Informed the tenant the first lease is void. Second lease was created and informed tenant to fill in all information and not to alter. Before selecting tenant, they informed that 5 people will moving in. The oldest son lives in India and travels. The tenant wrote that six people will live in premises. We said no and took back the lease agreement. They said they will find a new place, I written another small contract stating that they will be given time to find another residence. Tenant refuse to sign. Since there no actual lease in place. Can we call the police to remove them

Attorney Answers 3

  1. You are neither the tenant nor the landlord. What is your position in this scenario? Regardless, you cannot immediately remove the tenant, and it is possible you do not have the authority to do it at all. A month to month tenancy has been established and the landlord must go through proper eviction proceedings to get the tenant removed. The landlord needs a lawyer. If the eviction is not handled properly, the process will have to be started all over again. The police cannot help.

  2. Your question is confusing, but two things are clear.

    You cannot call the police to kick out the tenant, they must be properly evicted through a court proceeding.

    The landlord should hire a lawyer. Chicago law is very protective of tenants and a mistake by the landlord could cost him thousands of dollars in penalties.

    Though we strive to provide accurate legal information in our answers on AVVO, our answer should not be construed as legal advice and it does not create an attorney-client relationship. Our firm only forms attorney-client relationships by written agreement signed by both our firm and the client. Please seek an in-person consultation with an attorney immediately as almost all legal matters are time sensitive and failing to meet deadlines can result in adverse consequences.

  3. I agree with the excellent answers already given.
    It may be helpful to know that many landlord tenant matters are successfully mediated and the key is finding out what is the best "win-win" scenario. As there is a language barrier of sorts, some effort might be made to translate the words spoken by both sides. Possible points to negotiate would be the timeline for the tenant to voluntarily surrender the premises and whether a reasonable amount of temporary rent could be paid in the meantime. A lawyer would be very helpful in drafting a written settlement of these issues.

    The information provided here should not be construed to be formal legal advice. The provision of this general advice does not create a lawyer-client relationship. Persons with legal questions are encouraged to seek independent counsel for advice regarding their individual legal issues.

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