Tenant has refused to pay rent from the time he moved in and refused to sign a lease. According to police he has rights. How does he have rights without proof of residency? Cook county eviction process very lengthy, due to the fact that tenant would never answer door to receive sommons. Which would require on the next court date to be "posted", and then another month later receive a judgement. Suing would only require certified mail and I would send it to the address he is currently living at without a signed lease agreement and the address provided on his drivers license which is where he use to live before his mother kicked him out. His mother still lives at that address. I am aware that if a judgement favors plaintiff I can submit discovery of assets and wage garnishment paperwork.
There is no way you will be able to collect back rent from a resistant tenant except through the eviction process. The longer you wait, the longer it will take for you to get into court and secure a judgment. You need to start with a 5 day notice but even beforehand, you would benefit greatly by speaking to a landlord/tenant attorney to make sure you are acting properly and going in the right direction as well as to receive proper legal advice.
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You may be able to file suit for breach of contract, but more info is needed to determine the possibility of prevailing on that theory. Consult with an attorney concentrating in civil/landlord-tenant law.
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