The court date is on 03/08/12. The owner is out of country, and will not show up at the court. I need to know how long I can stay at the apartment as tenant prior to conviction. How will I be notified to vacate the place?
If your landlord's attorney goes to court with an affidavit from the landlord stating that you owe the rent and that he gave you the 5-Day Notice, they'll likely get an eviction judgment on the 8th. They are usually "stayed" (or put on hold) for 14 days if you go to court, 7 days if you don't go to court. After that, the eviction order will be placed with the Sheriff's Office for execution. It takes anywhere between two weeks and a month for the Sheriff's Office to execute. The Sheriff's Office generally sends out a letter and/or posts an eviction notice before they come out. You might get a few days notice.
If you file an Appearance and Jury Demand on the 8th, everything changes. You can put the case on a track where you have time to do discovery, fight the eviction, file motions, and have a trial before you get evicted. That process can take several months during which time you can create a better exit strategy if necessary.
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I cannot stress how important it is for you to talk with a lawyer. In foreclosure, there are a couple ways that a bank can remove a tenant. They could have petitioned for a receiver, they could once the sheriff sale is complete they can file for eviction in the foreclosure case, and they can always start a new foreclosure case. So you will need an attorney to review the case file and the foreclosure which is already in process. Normally, they will have to serve you with some form of papers for the eviction process. Now when I say serve you, I mean obtain legal service on you, so that could mean serving another person who lives in your apartment.
Here is an example of a case I had, but be advised that this is not the case for everyone and there again are different ways that a bank can evict a tenant.
1) The bank purchased the property at a sale, then filed a motion to evict the tenants, this in Illinois can be more difficult as the sheriff may require everyone who lives in the home to be named, not just John Smith and all unknown occupants to evict everyone (that is not the case with a post trial foreclosure eviction motion). Also this is if the tenants were not named in the original foreclosure. Then the bank has to give the tenants 21 days notice of the date of the hearing and the just allowed them to stay in the home an additional 90 days. **** all cases are different again do not rely on these examples you need to speak to an attorney regarding you specific facts and case.
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