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CalAttorney2
CalAttorney2, Attorney
Category: Landlord-Tenant
Satisfied Customers: 10238
Experience:  I am a civil litigation attorney with experience representing both landlords and tenants in residential and commercial property disputes.
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To make a long story short, I have a 1 year lease with tenants

Customer Question

To make a long story short, I have a 1 year lease with tenants in Illinois, that were 30-62 days from June 2014- March 2015, in April 2015, I tried to workout a exit stradegy with tenants and there family attorney, I dealt with lying by them, partial payments by them so told them at the end of April 2015 I would file for eviction if we could not work something out, which I did hire an attorney. They were served by a service processor the 5 day notice and also the Court Summons, two separate times, which I won the Foricble Entry Detainer, which they did not show up in court. The wife who was served both times by the processor, is saying she was never served court summons. When I spoke with the service processor she was trying to avoid him by closing the blinds and turning off the lights at the rental home. He did get her to acknowledge she was the tenant in the back of home. The tenant filed a motion to vacate, which there family attorney has stalled me for 3 weeks in April and now they trying to stall the eviction once again. Any suggests how to avoid trial with this matter, I have there payment history which shows late payments, emails from them promising to pay me and delays.
Submitted: 1 year ago.
Category: Landlord-Tenant
Customer: replied 1 year ago.
I forgot to mention also they stopped paying me on March 6th was the last rent payment which was for February 2015 rent, so they are now 120 days without any rent being paid to me. I realize the legal system is slow but I want to move on and get the property listed but cannot with the renters living there.
Expert:  CalAttorney2 replied 1 year ago.
Speak to your attorney for the best advice on this (they will have a much better finger on the pulse of your local court's backlog).But in general - don't try to avoid the trial - the faster you get into court and through with this matter, the faster you will be done with these tenants and have your money judgment against them for damages. I don't have all of your case pleadings in front of me, but if they are being represented by counsel and have even a half way decent chance of defeating your entry of default, it is probably going to be faster to simply put the matter on for a hearing and then get them out. Evictions are heard on a "summary calendar" so this moves a lot faster than other types of litigation, and you can expect your hearing in 2-4 weeks. But again, please talk to your local attorney when developing your strategy as a local knowledge of how your county and your judge are handling these matters currently is going to be far more helpful than my "general" information which tries to capture trends across all 50 states.

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