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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

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Attorney answers 3

Posted

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.

Asker

Posted

i am the landlords' daughter. My parents ask me to create a rental lease and I accompany them to translate. No month to month tenancy has been established after the first rental agreement was voided. The tenant keeps wanting to alter the lease. The first verbal agreement was that 5 people will be moving in and 1 person (eldest son) will be visiting. Tenant keeps insisting it has to be six, and this is where things got very complicated. There was to many information and black areas in the lease where information and signature were needed. According to lease the building is only used for the sole purpose of residential living area. Tenant insisted that he also going to use it as his home office. On June 30, then tenant lashed out and told us we have two options either to let them all stay or to give him enough time to move out. So no month to month either verbally or written has been agreed upon. Tenant also refuses to sign anymore leases.

Judy A. Goldstein

Judy A. Goldstein

Posted

What you have established is a month to month tenancy and you will have to evict the tenants properly through the courts. Since you do not fully understand what is going on here, you are best served by hiring an attorney. Act quickly. The longer you wait, the harder it will be to get them out.

Posted

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.

Posted

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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