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RealEstateAnswer
RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 28342
Experience:  10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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I had a management company managing a home for me in another

Customer Question

I had a management company managing a home for me in another state. He was taking rent money from tenants and not paying us..the home owners.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Il
JA: Has anything been filed or reported?
Customer: We did away with the company and trying to work with current tenants they paid a month rent and now haven't paid In two months and will not sign new agree ment
JA: Anything else you want the lawyer to know before I connect you?
Customer: I think that's it. Can we evict them for non payment
Submitted: 5 months ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 5 months ago.

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

Expert:  RealEstateAnswer replied 5 months ago.

Good afternoon. Just to be clear, are you trying to get them to pay the rent which this company stole or rent which you are owed, once you fired them and demanded they pay you directly?

Customer: replied 5 months ago.
Once I fired them
Expert:  RealEstateAnswer replied 5 months ago.

Thank you. Yes, if the rent is not paid, you can give a notice to cure or vacate. If they fail to do so, you can proceed through the court and file for eviction, to get them out. If they live in the rental, they need to pay the rent which is owed. I am not sure what new agreement you want them to sign but if this is required and they refuse, they can simply vacate, if they do not want to agree to it. They can not remain and simply without rent.

Customer: replied 5 months ago.
How much notice do I need to give them
And can i mail it to them as I live in another state.
Expert:  RealEstateAnswer replied 5 months ago.

What State is the rental property located in?

Customer: replied 5 months ago.
Illinois, we are home owners and have not had a written lease with them and the property management company was committing fraud
Expert:  RealEstateAnswer replied 5 months ago.

If the tenant doesn't pay the rent on time, the landlord can give them a 5 day written notice. The notice must say how much rent is due. It must also tell the tenant that the lease will end if the tenant does not pay all the rent within 5 days.

If the tenant pays within the 5 days, the landlord must take the money. If the tenant does not pay the rent within those 5 days, the landlord can evict the tenant.

Since you do not live there, you could send it via certified mail, so you know it was received and have proof.

Customer: replied 5 months ago.
That's the issue I have though is that there is no lease
Expert:  RealEstateAnswer replied 5 months ago.

But they are a month to month tenant and they still have an obligation to pay rent.

Customer: replied 5 months ago.
But they are 2 months
Customer: replied 5 months ago.
2 months behind
Expert:  RealEstateAnswer replied 5 months ago.

You can demand the two months rent and if they do not pay, evict. That does not change anything.

Customer: replied 5 months ago.
But if they are considered month to month does that not require 30 da
Customer: replied 5 months ago.
30 day?
Expert:  RealEstateAnswer replied 5 months ago.

A 30 day notice would be required if you simply want to end the month to month tenancy. Here, they owe you rent so the notice is much shorter. Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be 5 STARS! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.

Customer: replied 5 months ago.
if they still don't pay, what how do I evict them
Expert:  RealEstateAnswer replied 5 months ago.

Then you need proceed through the court. If you live out of State, you will likely want to retain legal counsel to represent you and sue on your behalf, to recover what is owed and have them removed.

Customer: replied 5 months ago.
All the forma ive found want a lease signing date which we don't have
Expert:  RealEstateAnswer replied 5 months ago.

The starting date is when they moved in. I am telling you that even on a month to month lease, you can sue. If you are not going to travel to Illinois to handle this on your own, you will need an attorney and the attorney will know how to file and go after them. Moreover, if you prevail, you can get attorney fees as well.

Expert:  RealEstateAnswer replied 5 months ago.

Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be 5 STARS! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.