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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 22655
Experience:  14 years real estate, Realtor. Landlord 24+ years
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I have a tenant that I would like to evict. The tenant claims

Resolved Question:

I have a tenant that I would like to evict. The tenant claims that they are mentally ill and cannot move out. Can they make an injunction somehow to prevent me from evicting them? Can they do anything to delay an eviction?
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  Barrister replied 10 months ago.
Hello and welcome! My name is XXXXX XXXXX I will try my level best to help with your situation or get you to someone who can.
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Can they make an injunction somehow to prevent me from evicting them? Can they do anything to delay an eviction?
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The landlord tenant relationship is a contractual one, not a personal one. So the tenant's personal problems don't factor into the contractual relationship. Either they have complied with the lease terms or they have not and can be evicted. If their lease has expired, then the legal contractual relationship can be terminated by you as the landlord with the proper notice.
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So while the tenant can stall an eviction a bit by filing a response to any eviction complaint and forcing it to go to a trial rather than letting you get a default, they can't get the court to allow them to stay after an order of eviction is entered. The whole process can take around 3 weeks if they file an Answer and attend the hearings. Once you get a writ of possession and judgment for possession the sheriff will typically gove them 24 hours to move and then remove them from the property.
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So to answer your question directly, it is extremely unlikely that the tenant could talk the judge into preventing you from evicting them due to their physical or mental problems.
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Thanks
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 22655
Experience: 14 years real estate, Realtor. Landlord 24+ years
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