How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Chris T., JD Your Own Question

Chris T., JD
Chris T., JD, Attorney
Category: Legal
Satisfied Customers: 3917
Experience:  Experienced in both state and federal court.
45002201
Type Your Legal Question Here...
Chris T., JD is online now
A new question is answered every 9 seconds

Have a rental apartment. Manager gave resignation notice in

Customer Question

Have a rental apartment. Manager gave resignation notice in writing but added certain conditions which are not acceptable and will not voluntarily leave his apartment. How to get him out?
Submitted: 1 year ago.
Category: Legal
Expert:  Chris T., JD replied 1 year ago.

TexLawyer :

Good evening. I'll be assisting you with your question.

TexLawyer :

The manager of your apartment lives in one of the units?

Customer:

Yes

Customer:

He had the apartment as part of his compensation for managing the units.

Customer:

Now what?

TexLawyer :

I'm sorry. I stepped away for a while.

TexLawyer :

So, at this point, the manager is no longer employed by you, correct? Does he have a lease?

TexLawyer :

Or was his residence at the apartment governed by his employment contract, if he had one?

Customer: replied 1 year ago.

I want to know what legal steps need to be taken to get the manager out of his apartment once he has resigned?

Expert:  Chris T., JD replied 1 year ago.

I'm sorry. I stepped away for a while.


So, at this point, the manager is no longer employed by you, correct? Does he have a lease?

Or was his residence at the apartment governed by his employment contract, if he had one?

Customer: replied 1 year ago.

There was no written employment K. Also he was never on a lease and he is no longer employed by me. Remember he has submitted his resignation in writing,so he also does not consider himself employed any longer

Expert:  Chris T., JD replied 1 year ago.
OK. Thanks for the information. At this point, the you will have to treat this person as you would any other tenant that needs to be evicted. Since there is on lease, this person is presumed to be on a month-to-month lease agreement. Even though there was not a written lease before, you essentially had a lease agreement, by which you agreed to waive rent as part of his compensation. Legally, there is not distinction made between evicting a person like this and a person under a normal lease paying you rent.

Have you evicted people before, or would you like me to walk you through that process?
Customer: replied 1 year ago.

Brief step by step walk through to evict him-please.

Expert:  Chris T., JD replied 1 year ago.
No problem.

The first thing you need to do is issue a 5 day eviction notice. If you Google "5 day eviction form Illinois" you will be able to find the proper form.

Second, deliver the notice. You can either hand deliver it (someone over 13 needs to accept it) or send it certified mail.

Third, complete an affidavit stating that you served the letter. This will be necessary if you have to go to court later.

Fourth, give the tenant 5 days to vacate.

Fifth, if the tenant refuses to vacate, you will have to file a complaint in county court. The county clerk should have the forms you need. When you file the forms in county court, you will be given a summons, which the sheriff will deliver. The summons will have a court date on it.

Sixth, take the summons to the sheriff to serve on your tenant. There is usually a fee for the sheriff's office to do this.

Seventh, show up to court on the date in the summons.

Eighth, if they fail to vacate as ordered by the court, you can have the sheriff forcibly evict them.

You can find more information and forms here: http://www.illinoislegalaid.org/index.cfm?fuseaction=home.dsp_content&contentid=1766#

I hope that answers your question. If not, feel free to ask follow up questions. If so, please remember to "rate" my answer. Good luck!

Also, if you have any questions in the future, you can direct them to me here: http://www.justanswer.com/law/expert-texlawyer/
Chris T., JD, Attorney
Category: Legal
Satisfied Customers: 3917
Experience: Experienced in both state and federal court.
Chris T., JD and 6 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

Last question, we pay for the electricity to the managers apartment, are we allowed to shut it off? He pays nothing for it.

Expert:  Chris T., JD replied 1 year ago.
Yes, you are allowed to shut it off, but you should give her reasonable notice. Usually a week to 10 days is sufficient.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
 
 
 
Chat Now With A Lawyer
Chris T., JD
Chris T., JD
Lawyer
1865 Satisfied Customers
Experienced in both state and federal court.