Entering a leased condo - Landlord Forum thread 328778

Entering a leased condo by Mary (Illinois) on December 17, 2014 @07:18

I have a renter whose lease expired at the end of Novemeber. I handed her notice that I am not renewing her lease On October 4. On December 8th I sent her certified letter that she need to move that I am enforcing the hold over clause in the lease. I recieved the return receipt.
Question 1 - How long do I have to wait before filing in court? She didn't pay Novemeber rent(I didn't give her a notice) can I file that all at the same time? What do I need in order to file? Just the lease and the letters?
Question 2 - I have someone interested in renting the place. I notified her on Monday that I will be showing it on Wednesday evening. I have in the lease thta I have to give her 24 hours notice before entering. Last night- Tuesday - she had someone (a friend) call me and tell me that it is againt the law to enter the condo and I am not allowed to do it.
This person seems like a great renter and is ready to move in Jan 1st if she can. I hate to lose this one. Any suggestions?

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Re: Entering a leased condo by Anonymous on December 17, 2014 @08:18	[ Reply ]

Any suggestions? Yes learn your landlord tenant laws so you know what to do!

Re: Entering a leased condo

Re: Entering a leased condo by Garry (Iowa) on December 17, 2014 @09:31	[ Reply ]

First, forget about showing the property to ANYONE until you have the current T out, and you have cleaned and fixed any damages left by your former T. And, yes, you will probably lose a good prospect. What if you try to get in and she has changed the locks on you, or if she is there and won't let you in. Are you going to break the door down? What if she calls the cops on you? Chalk it up to you not knowing your states LL/T laws. You should have given her the 3 day notice to pay Nov. rent, on Nov. 2. And started eviction procedures when she didn't pay it. She will now be getting free rent until you legally evict her through the court system. Go read the LL/T laws TODAY, and follow them EXACTLY. If the laws seem overwhelming to you, contact an attorney who DOES know them. With a lot of luck and knowledge, you may be able to get her out by Feb. 1.

Re: Entering a leased condo

Re: Entering a leased condo by Anonymous on December 17, 2014 @10:58	[ Reply ]

This wasn't really hard to find. Take the time to do a lookup of the laws FIRST. I think the demand you sent probably does not meet the requirements of the law. Here is a copy of those sections. You can look up the exact language by doing a google. AFTER following the exact process proscribed by the law, then you go to the court house and file for eviction. YOU cannot try to just take possession. You have to have a judge grant your petition for a "writ of possession" (eviction). Holdover Tenancy Willful Hold Over, 735 ILCS 5 / 9-202 A tenant who willfully stays after expiration of the lease term must pay double the value of the unit. The landlord must demand in writing possession of the premises before claiming double rent. Hold Over After Notice, 735 ILCS 5 / 9-203 A tenant who gives notice of intent to vacate the unit and who stays beyond the date mentioned shall pay double the value of the unit. Five-Day Notice (Rent Demand) Rent Demand Five-Day Notice, 735 ILCS 5 / 9-209 When rent is not paid on the due date, the lessor may serve on the tenant a five-day notice stating that unless the rent is paid within five days of service, the tenancy will be terminated. The tenant can avoid any eviction proceeding by tendering to the lessor the rent due. The notice must state: the amount of rent due; the tenant has the right to pay the rent claimed due within the five-day period; and if the rent due is not paid within the five-day period, the tenancy will be terminate (the first day is the day after the tenant gets notice).

Re: Entering a leased condo

Re: Entering a leased condo by Nicole (PA) on December 17, 2014 @16:51	[ Reply ]

I don't know anything about your notices, holdovers in your state, eviction court, etc. BUT I do know that you should not be showing that place. How can you confidently inform a prospective tenant what the anticipated move in date will be?

Re: Entering a leased condo