State Specific Question About: ILLINOIS (IL)

Hi Miguel..

Well the easy answer would be if you ever do this again

have the seller remove the tenants before hand

Your relationship with the tenants is bound by IL law..and perhaps by a rental or lease agreement..

Was there a lease or MTM agreement in place? If so that governs your relationship with the tenant. BTW if they don't have a lease your state laws govern. Find those and read them. Without a written agreement you probably have a MTM agreement which has notice requirements. Meaning you have to give them notice to move. It has to be written and provide them with so many days.

There were lots of things that should have been done at closing like crediting you Aug rent and crediting you the tenants security deposit.

The best approach is to meet with them and discuss the situation. Probably a good idea to shelve the "I bought the place and you have to move" thinking until you learn their side of the story.

You should have a copy of the old rental agreement or lease. If lease, you are stuck until it expires with proper AND 30 day notification. Otherwise, 30 days is all it takes.

If they haven't paid for aug, give a 5 day notice. Depending upon how lease/rental agreement is worded, you MAY not be able to give them a 30 day. IE may have to wiat until Tell them the plan, either they will have to pay court/ lawyer/ PLUS the late fees and rental agreement, or they can just pay what they owe and part ways.

Also, you should have received their deposit at closing as well......

Consult a lawyer if this is your first go at it....

Why kick them out if they are paying?

Oh, and if this is in crook county, strike all thee above and just sell it at a loss....

:)

Just my 2 cents: in case of an eviction, them not paying the rent is a blessing. It makes the eviction so much easier!

I've observed many hearings by an otherwise rather lenient-to-tenants judge. After defendant's rant about bad conditions, needed repairs and a string of terrible injuries in the house, he would ask calmly "have you paid the rent?" A: "No, but ... warranty of habitability, my injuries, bla bla..." Judge: "you have 10 days to get out". NEXT.

Q: What's the bottom line of the tenant's response? Fear of a rent hike? anger about the need to move? You wouldn't let them stay if they continue to pay?

It is legally your right to collect rent for every day the tenant is on site in your property. Rent continues just like they were paying the old owner.

Next moves - review rental agreement, If they are late on the rent to you then Eviction notice for non payment of rent, served for court, court judgement, and forced removal by local law enforcement. Move into your new house.

When did the old owner tell you their rent was due? If they owed first of the month and they didn't pay August then you can file now. If they paid for August then the old owner should have paid you the apportioned part of the rent. Then the tenants would need to send rent to you by the first of Sept or you will file for eviction in Sept.

Here is your state law(IL) on SD transfer...

If the property changes ownership, other than in a situation where the ownership is transferred to a party who has a lien on the property, the landlord is responsible for transferring all security deposits plus any accrued interest to the new owner.

"Within 21 days of receipt of the security deposits, the new owner is responsible for posting a notice on the “primary entrance” of any tenant’s unit for which they have received a security deposit, informing the tenant that they are now in possession of the tenant’s security deposit plus any accumulated interest. --"

That is a new one on me.....

I'll have look that up.