Re: Eviction Process advice - Landlord Forum thread

Re: Eviction Process advice by LL Yikes (IL) on November 3, 2009 @13:22

Thanks...I guess what I'm wondering is since I'm evicting them for failure to cure (the 10 day notice, of atleast 2 violations) and it probably will take me minimum 30 days to get them out, I should not take any money from them? Even though that's not the reason for my eviction

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Re: Eviction Process advice by OK-LL on November 3, 2009 @14:54

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If they offer rent, you should accept it -- rent is not the subject of your suit. Your eviction suit is for non-performance under the contract. The violation should be "substantial or material", meaning it shouldn't be some minor thing that isn't important. Only you can determine what you can argue is a substantial violation. For instance, if they have a yellow porch light instead of a white one, that's not an evictable issue, UNLESS it is resulting in a financial impact on you -- for instance, the HOA is fining you. So look closely at the violation and move to eviction if it is warranted.