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I have a condo in Lisle, IL that I am renting.The tenant moved in May & the one year lease says "no pets".I wanted to sell the condo but no one was buying.Soon after signing, she said she maybe wanted a dog.I told her the lease would have to be ammended and that I'd think about it. I never said "yes".Her rent is due the 1st of each month with a grace period in that if the rent isn't in by the 5th, there's a late fee.Except for once, it's been a real aggravation getting her rent, on time or otherwise.This time, she was 15 days late, her check bounced she says it was because her paycheck bounced. She asked about a dog again. I told her no & she said she'd move if she couldn't have one.I went past the condo today, first time since she's lived there, & caught her with the dog. I confronted her calmly & she crazily started yelling at me. Do I evict or wait for her to leave & go after her for the remaining amount of time in the lease?Lease states that she is responsible for entire term.
State/Country relating to Question: Illinois Already Tried: So far, I haven't done anything but tell her dogs aren't allowed, as is stated in the lease, and told her again when I caught her with it. She has a full time job and a part time job and her parents seem well off. I just don't know if I should evict her now, or wait until she leaves. Since I told her to get rid of the dog, she might leave and the lease states she is responsible for the whole lease. I just wonder how hard it would be to collect.
Legally, if you evict her you cannot then go after her for the remainder of the lease because you terminated the lease. However, if you allow her to leave then you can hold her responsible for the remainder.
How difficult is it to collect? What do I do, hire an attorney? Is that expensive? For September through May of 2010, she will owe $8,550. I have a $950 security- either way, do I have to return it?
no you do not have to return the security if she fails to pay rent. With respect to collecting, it is pretty simple, you would just sue her in Small Claims court then ask the court to permit you to garnish her wages and/or freeze her accounts to satisfy the judgment.
I'm going to hit "accept", don't worry :) So if she leaves on her own, do I get to keep the security? Because of the dog being in there? I'll have to have the place cleaned now.
if she leaves on her own you get to keep the security not because of the dog, but to compensate you for the lost rent.
Is that still the case if I go after her for the remaining rent of the lease term? Do you think I have a case- is it worth going to small claims court?
Yes, you absolutely have a case if she leaves and should pursue it.
Attorney
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