Tenants were given notice but say they weren't -

Tenants were given notice but say they weren't - by Seth (Illinois) on July 30, 2012 @17:58

My wife and have tenants in Chicago that have been horrible. Late rents, refusal to pay late fees, keep the apartment very dirty, constantly lie and play games, etc. We decided that we were not going to renew their lease and they also told us they were not going to renew. Back in May we had one of the 3 tenants sign this note in person (their lease expires July 31st 2012):

Dear xxx
We understand that you are not able to renew your lease at this time and we wish you all the best. Any further discussion of "renewing" a lease will refer to signing a brand new lease agreement and may require cosigners and income/employment verification-though we would not charge you the application fee. Additionally we can not sign a new lease until the outstanding damage cost has been paid for ($xxx), in addition to any other damage not due to normal occupancy, and the cleanliness of the apartment greatly improved per numerous conversations. We will start the new tenant selection process, and can not hold or quarantee the apartment past the natural expiration of your current lease which expires
7/3112012.
This letter serves to give notice that the lease for xxxxxxx Chicago, Il xxxxx together with all buildings, sheds. closets, out·buildings, garages and other structures used in connection with said premises, will terminate on July 31, 2012, you are now hereby required to surrender possession of said premises to the undersigned on that day. Please refer to the check out form and contact us if you have any questions.
Thank you,

They are now saying this letter is not valid because they didn't all sign it.

They are saying they will move out when they are ready and won't even agree on a date, despite our offers to extend their lease for a week or two.

Can someone please advise?

Thank you so much. This is a great resource!

[ Reply ] [ Return to forum ]

Re: Tenants were given notice but say they weren't - by Lola on July 30, 2012 @18:05	[ Reply ]

Begin no cause eviction process on aug 1 .

Re: Tenants were given notice but say they weren't - by Anonymous on July 30, 2012 @18:08	[ Reply ]

Also send LPA letter about consequences of eviction.

Re: Tenants were given notice but say they weren't - by Bryan (Ia) on July 30, 2012 @18:56	[ Reply ]

Ignore them and evict for holdover if they remain on August 1st. Remember, you cannot accept any more rent without establishing a new tenancy.

Re: Tenants were given notice but say they weren't -

Re: Tenants were given notice but say they weren't - by MrDan (Georgia) on July 30, 2012 @20:00	[ Reply ]

Since this 'Notice' was served back in May, that it is for 60 days till the lease ends. No one is require to sign the notice, but your State does have a specific notice to served for termination of lease. Your notice has too much non required information in it, but the last part seems to meet the State requirements for the 'notice' When you served the notice, did you fill out the 'AFFIDAVIT OF SERVICE' and have it notorized that day? This is your proof of proper service to tenants. You will need that in court to show the notice was served properly. On August 1st, 2012, be in court to file for eviction. That is your next step. GOOD LUCK!

Re: Tenants were given notice but say they weren't -

Re: Tenants were given notice but say they weren't - by Seth (IL) on July 31, 2012 @09:46	[ Reply ]

Thank you all for the replies. However, I have gotten so many different suggestions and opinions that I am not sure how to proceed. Any help would be appreciated. Also, if possible, provide links or other sources to additional information to clarify your suggestions. I have never done something like this so what may seem simple to you is totally new to me.

Re: Tenants were given notice but say they weren't - by Anonymous on July 31, 2012 @11:06	[ Reply ]

Evict for holdover. Hopefully your lease didn't have an auto-renewal provision.

Re: Tenants were given notice but say they weren't - by Bryan (Ia) on July 31, 2012 @12:14	[ Reply ]

Ts gave you verbal notice of intent to vacate and you summarized in your letter, there is no need for them to sign. If they remain after the end of the lease term, you are entitled to double rent IAW 735 ILCS 5/9-203 (holding over after notice). Interestingly, I also found that if your lease has a fixed term with no provision to roll-over in any form, there is no notice of termination requirement in Ill. (Chicago may vary), they must simply be gone at the end of the lease. You are also entitled to double rent in that case IAW 735 ILCS 5/9-202, but you have other steps to follow. Just found that if the LL wishes to terminate at the end of a lease 30 day notice must be provided. I find nothing that requires the Ts to do the same, but since they notified you and you summarized that conversation in a letter, I can't imagine that you have not more than met any burden you have If you have a fixed term lease with no roll-over provision, you need serve no eviction notice IAW 735 ILCS 5/9-213. You can immediately file for FED. Otherwise you must provide proper notice to evict, as I read, this is 10 notice for written leases. Another poster here has said that you need to swear an affidavit of service for each LL/T notice, I find nothing requiring that. The only time I find that required is when serving court notices and that is normally handled by the sheriff, for a fee of course.

Re: Tenants were given notice but say they weren't - by Seth (IL) on July 31, 2012 @13:44	[ Reply ]

Okay, now they sent an e-mail saying they will be out by end of day on the 1st of August. The problems is that neither myself nor my wife will be available to go there pick up the keys on the 1st. Can we ask for another day to pick up keys? Can we send someone else to pick them up for us? Do we have to do a walk through of the apartment when we collect the keys or can that be done afterwards as long as we document it with pictures? Thanks you all for the responses!

Re: Tenants were given notice but say they weren't -

Re: Tenants were given notice but say they weren't - by Seth (IL) on July 31, 2012 @16:09	[ Reply ]

Based on what I saw last time i was in the unit, I believe I will have to keep part of their deposit to cover repair expenses. Does the fact that I did not do an inspection before they moved in creates any problems? How should I proceed if I decide to keep part of their security deposit? i know I have to provide a letter itemizing the expenses and have to pay interest as well (in Chicago). Ah, please also notice that this is a 3 unit building that is not owner occupied. Thanks!

Re: Tenants were given notice but say they weren't -