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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 38216
Experience:  17 years real estate, Realtor. Landlord 26 years
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Second opinion] I'm a real estate owner that has been in a

Customer Question

Second opinion] Hey I'm a real estate owner that has been in a legal battle with my tenant over eviction, for about 5 months now. we have been approved every time we have filed, but the tenant keeps filing motions to stall the process. I was wondering if there was a way to make our upcoming motion to evict finalized? We have proof of violations of the lease and the lease was for until July 1st of this year.
JA: What's being sought in the motion?
Customer: To dismiss our original filing, I'm not too sure as I haven't been properly served the court documents by the tenants as well.
JA: Where is the property located?
Customer: Chicago, east Garfield park
JA: Anything else you want the lawyer to know before I connect you?
Customer: Not at the moment
Submitted: 2 months ago.
Category: Real Estate Law
Expert:  Barrister replied 2 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.

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I hate to say it, because I know it is frustrating, but there is no way to speed up the process as the tenant has certain due process rights and they have a right to exercise those rights, even if pointless and they will eventually lose. Their goal here is to delay any eviction and they apparently are not new to this if they have delayed it this long.

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So the only sure way to ensure that this is the last hearing is to see if they will settle and vacate willingly with you agreeing not to pursue them for anything that they may owe..

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Otherwise you will just have to continue on until they have exhausted their options and a judgment is final.... You may be at that point now so this may all be a moot point. A tenant can only stall for so long and you will always have the right to sue them for any delinquent rent and damages once the case is finalized unless you settle to get them out and agree to waive those rights..

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thanks

Barrister