I live in DuPage Cnty, IL and have had a very unpleasant experience with a tenant. Therefore, on May 17th I filed the proper 10 day notice, which is for Breach here, but tenant said he has nowhere to go, has bad credit and ignored it. I handed it to him, and also sent it certified mail, and he signed for it.

He was on a month to month written lease for past 8 months minor problems till recently. He was properly served notice by the Sheriff of a Complaint I filed, he didn't even read it, has kept being rude, using excessive profanity and smoking in bed, He hates to be disturbed and works long hours, but has found time to sexually harrass me and actually assaulted me(I am 61, he is 40) a few months ago. He has also paid rent and his 1/2 of electric late several times.

Now he says, since he has been served a S & C by the County Sheriff that he will be out by the end of month and intended to be anyway and had told me so. I have no written notice from him, and nothing sent in the mail. (Lease requires one)

The Eviction can be dropped now ! (according to him.) Yet 5 days since service I have yet to see any sign that he is moving out or even looking for a new place.

Court date is July 14th, so I think he feels that he can leave without a forwarding address free and clear any time before that day. I hope not.

No matter what he says, I believe that he would never leave unless the authorities got involved.

I paid a total of $220 in court filing fees and Sheriff service fees
Combined and wasted a day waiting in line in two different buildings!

An Order of Judgment of Unlawful Detainer will assess these fees to him. And dropping the suit now would cost me EXTRA money! This is an affluent county.

I don't want this fellow to get away with only his deposit $150 being held for smoke damage in the bedroom, NOT after the way he has treated me!

By the way, the abuse was reported and has stopped, (now I am ignored) but I incurred costs for emotional trauma by having to see a psychologist several times and for being sent in an ambulance to the E.R. by the local Legal Aide office a few days letter when what had happened actually hit me. My BP was 180/110 and they were worried. Denial, you know? Shame at first kept me quiet.

I have had tenant/roommates before in my 8 years of retirement and SSDI for depression and other issues (knees) Two others received proper notice and left, as he should have.

He states he doesn't have to give a forwarding address? Not to me or the Complex. Believe it or not, he was checked out -- a background check, and other than credit, he was fine. I believe he owes me at least my filing and service fees and perhaps unreimbursed medical bills, but another court would probably handle that.

Please advise if there is anymore I can do. A Restraining Order would just cost more money and time now and I am tired...

Please advise if there is anymore I can do. A Restraining Order would just cost more money and time now and I am tired..............Hello sandy:

Don't drop the lawsuit/eviction, and have the sheriff put him out after you get a judgment. You probably won't collect a dime. Be happy he's going to be gone, and check out your tenants better.

excon

... Court date is July 14th, so I think he feels that he can leave without a forwarding address free and clear any time before that day. I hope not.

No matter what he says, I believe that he would never leave unless the authorities got involved. ...

That's quite probably true. So, as excon says, don't drop anything until he is gone and you have a judgment against him.

That's almost a month away. Eviction proceedings take that long where you are? *Shakes head in amazement"

Yes, for gods sake don't drop anything, get the sheriff to throw him out, if you never get a forward address who cares, get him out and be rid of him

I also question the long hearing date. But you should definitely not stop anything as noted.

Its unfortunate, but this is the risk you take as a landlord that you will have a tenant like this. You certainly can sue him and, if you know where he works, you stand a good chance of collecting.

Follow-up & a few questions. 10 days since my first post. Thanks for the responses.

I live in DuPage Cnty, IL and had an unpleasant experience with tenant. I filed the proper 10 day notice for Breach but tenant said he has nowhere to go, has bad credit. And ignored it. I handed it to him, and sent it certified mail, and have his signed receipt.

He was usually quiet and a loner, but gives me the creeps now. After imroper conduct, I had tenant properly served by the Sheriff -- but he didn't even read it, has kept being rude when he does talk, and is still smoking in bed, and has shown his privates again once. EEK! I am too nice.

Police will be involved immediately -- my mistake! Guy is separated, and going to jail with wife and son and no support. Sob Sob. Oh Brother. That's where he belongs! He hates to be disturbed and works long hours, but found time to sexually harrass me and actually assaulted me a few months ago now.

Now he says, since he has been served that he will be out by the end of month (NOPE) It's not happening. He said The Eviction can be dropped now ! (according to him.) because he is leaving. Nope. Not by me.

10 days since he was served I haven't seen any sign that he is moving out or even looking for a place. Wife is too poor (or whatever) to divorce him but sure doesn't want to live with him.

The court date is really JULY 14th, which I know is ridiculous, considering the situation. What is even worse -- within only 2 (TWO) days a guy from the Sheriff's Office came by with his S & C. (Notice to apear) ! Two days! So here I am stuck with someone who hates my guts, and has known 3 weeks sooner than necessary that I am taking him to court. I called the Court. No way would they change the date.

He does pay good rent (no discount for him) and when it's late it is usually a day or two/three only because by the time he gets paid each 2 weeks, he is broke. So he pays around his payday date. Only fair, right? We are supposed to understand that. Sure. (sarcasm)
I suggest that when we rent to anyone, we make sure they don't just have a decent job, but that they have some extra seed money.

I STILL believe that he will never leave unless the authorities get involved. Anyone know if an Eviction affects his FICO credit, even if not for lack of payment? I think it should. I paid a total of $220 in court filing fees and Sheriff service fees combined and wasted a day waiting in line in two buildings! Will pay more too if they have to actually physically remove him.

An Order of Judgment will assess these fees to him. He can have another garnishment on his wages, I guess. As dropping the suit now would cost me EXTRA money!

I don't want this fellow to get away with only his deposit $150 being held for smoke damage in the bedroom, NOT after the way he has treated me!

The abuse was reported, and has stopped, but I incurred costs for emotional trauma and had to see a psychologist several times and was sent in an ambulance to the E.R. by the local Legal Aide office a few days later when what had happened actually hit me and I went over there. My BP was 180/110 and they were worried. Shame at first kept me quiet. Live and Learn.

This guys was checked out, but maybe nobody reported his odd behavior like I failed to. I try not to even talk to him much now, and he is gone at least 12 hours a day, which is fine.

If he can find a place by the 14th, he says he can go into court and say that he has moved out and that he won't have an EVICTION on his record. Anybody know?? Thanks.

...
If he can find a place by the 14th, he says he can go into court and say that he has moved out and that he won't have an EVICTION on his record. Anybody know?? ...

You are forced to sue him for eviction. It's on his record now. If he has moved out by then, great. But you still sued him for the eviction.

If at the hearing you know that he's all out, fine. Tell the judge that he's moved out and you finally have possession, if that's the case. But you are still going to want an award of your costs, back rent (probably adjudicated later), etc.

Again, these are the risks you take being a landlord. Yes the fact that he was sued for eviction will be a matter of public record, but not likely on his credit report unless you know someone who can place it there. It would only show up if his next landlord does a more thorough background check.