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Evicting a tenant who is my relative from a rental house I own where there is no lease.
Anonymous2 views2 answers
Chicago, IL
I rented my cousin a house I own on a verbal month to month basis. He has been there for ten months and all of a sudden hasn't paid the rent in two and a half months. I filed eviction papers with the Cook County Court. How do I prove he owns me back rent? He paid with a check one time and the other months he paid in cash. Also if the Judge grants me the eviction order, what rights do I have to go on my rental property between the time the Judge issued the eviction notice and the time the sheriff's dept actually forces him to move out.
Not enough information is furnished to answer completely. Since you are acting as your own attorney, you had better know how to properly conduct an eviction case. Did you properly serve a 5 day notice and/or 30 day notice before filing your forcible entry and detainer action? Do you have a basis for entering the premises before the eviction is complete? Your sworn testimony about rent and failure to pay will be sufficient in court. Your tenant/cousin will only be able to defend b showing he has paid, which of course cannot be shown, but if you have not properly conducted the preliminary procedures for the eviction case, it will be dismissed without any award to you.
I agree with Ms. Goldstein.
If you properly served a 5 day (or 30 day) notice on the tenant, your testimony will be evidence that he didn't pay rent. Between an order of possession and an eviction by the sheriff, the landlord has the same rights to enter the property as he did before the lawsuit was filed. Generally, in Chicago, you must give 48 hours notice for all entries and they must be during reasonable times and for a legitimate purpose.
Obviously, a landlord may not lock a tenant out before the sheriff evicts them.
