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What should I do if I was served a 'Intent to file forcible entry" in October of 2012 and my 90 days are up this weekend?

Chicago, IL |

I was served with this letter. I won't be able to move into a new apartment until March. Thats when I will have a deposit. I was renting a condo, and the owners did not tell me that it was in foreclosure. Fannie mae has sent me this intent for forcible entry. On the 90th day will the sheriffs come and put me out of my place? Will this affect my credit report? Will a judgement be filed against me? Can I stay until I get a court date?

Attorney Answers 3

Posted

Do you have a written lease with the prior landlord? If so, the new owner must honor that lease unless the new owner intends to live in the condo as his or her principal residence.

If you do not have a written lease, the new owner must still file a forcible entry lawsuit against you and have you served with summons and the complaint. You may have defenses to an eviction lawsuit. If you would like to discuss your situation, feel free to contact me. Good luck!

This answer does not constitute legal advice and does not create an attorney-client relationship. You should contact an attorney to discuss the particulars of your case.

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Joan Marie Fenstermaker

Joan Marie Fenstermaker

Posted

You may also have a claim against your former landlord (although, since they have lost their property to foreclosure, it may be impossible to collect upon a judgment against your former landlord). If the new owner does file an eviction lawsuit, there may be a way to have the case sealed/suppressed so that a new landlord will not see that there was an eviction lawsuit filed against you.

Posted

You should be OK. By the time the eviction case gets to court and an order for eviction is entered, it will be at least March.

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Judy A. Goldstein

Judy A. Goldstein

Posted

By the way - If you have been paying your rent and the intent to evict was based upon the foreclosure, then your credit should not be affected.

Posted

Dear Tenant: The Sheriff cannot evict you without a court order. For there to be a court order, the Landlord must proceed by serving you with a Summons and Complaint which allow you the opportunity to defend your position. Once any lawsuit is filed and you receive the summons and complaint you can contact the lawyer for the Landlord and make arrangements for you to leave without a judgment being entered against you.

You may want to try to contact the lawyer now who signed the Intent to file forcible entry to make those arrangements prior to the filing of a lawsuit. However, it is sometimes difficult to reach anyone prior to a lawsuit being filed.

Hope this helps. Good luck

This is not legal advice and is not intended to create an attorney-client relationship. The post is only an opinion. You should speak to an attorney for further information. The poster is licensed only in IL. Please visit www.davismcgrath.com for more information about our services. If this post is useful to you, please remember to vote it up. Thank you.

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