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Chris T., JD
Chris T., JD, Attorney
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Experience:  Experienced in both state and federal court.
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Have a rental apartment. Manager gave resignation notice in

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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?

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 3 years ago.

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

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 3 years 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

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 3 years ago.

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

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 and 3 other Legal Specialists are ready to help you
Customer: replied 3 years ago.

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

Yes, you are allowed to shut it off, but you should give her reasonable notice. Usually a week to 10 days is sufficient.

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