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Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 54026
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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I have a trailer I'm selling someone on contract. I just

Customer Question

I have a trailer I'm selling someone on contract. I just heard there was a court appointed drug bust there can I kick them out leaglly with out notice and if I can how do I go about it. Or so I need to give notice. The person buying the trailer is not the one the drug bust was on it is the people who are living with him.
Submitted: 5 months ago.
Category: Real Estate Law
Expert:  Richard replied 5 months ago.

Good morning Vickie. My name is ***** ***** I will be helping you today! It will take me just a few minutes to type a response to your question. Thanks for your patience!

Expert:  Richard replied 5 months ago.

Can you provide me a bit more information? Does your contract provide for a default in the event of criminal activity? Has your buyer defaulted in any of his payments? Thanks.

Customer: replied 5 months ago.
No and it depends he has been late making his payments.
Expert:  Richard replied 5 months ago.

Thanks for following up. If he is late making a payment, then he would be in default and you could terminate the contract unless your contract has a "right to cure" period and he complies with that. Since he's buying the property rather than leasing it, if he doesn't default under the contract, you would, unfortunately, not be able to terminate the contract. If he does default, you would be able to terminate the contract, but if the occupants did not leave voluntarily, you would need to follow the legal process applicable to tenants to avoid being accused of an illegal eviction. Uner Illinois law, you would need to give a 5-Day Notice to Quit..meaning they must vacate the premises within that period or face formal eviction. Then, if the occupants still have not left, you will have to file a petition for an eviction order. Once that is granted...you can have the sheriff evict. Unfortunately, you are not allowed to move the occupants' stuff out, change the locks, or take any other means of "self-help" eviction prior to obtaining the eviction order.

This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that you could just force him out immediately, but I can only provide you information based on the law so that you can act on the best available information to you. ………..I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!

Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as OK, Good or Excellent (hopefully Good or Excellent). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

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