I have tenants with a month-to-month lease. The husband moved out and still residing are his wife and daughter. They have not paid all of Sept, any of October or November's which is due on the first.

I have filed eviction and we have a court date coming up. They are habitually late and I am interested in selling the house.

If they show up in court with the full amount due + court costs (can I ask for this as well as the fee I paid for special civil court) and I accept the money do they stay? How do I get them out. I have sent a notice giving them 30 days to vacate, but they did not comply.

Isn't the fact that one of the parties on the lease left the premises and they are so far behind in the rent good cause to have them evicted?

It depends on the notice you gave. If you gave a pay or quit notice, then no, they do get to stay. If you gave them a termination notice, then they you should get an eviction order, even if they do pay.

I sent them a letter that due to the frequency of habitual late payments and a change in personal circumstances in which only one of them was residing at the premises I was giving them notice as per the contract to vacate by October 31st. This letter was sent in September, at least 30 days prior. The thirty-days notice is also written into the contract which was originally a 6 month contract then after six months went to a month-to-month contract.

Then paying won't allow them to stay. The judge should issue you an eviction order.

I hope so. I have had a few people tell me that because there is a child involved that the judge will not put them out. This is very frustrating. I also filed a civil law suit. The amount they owe is over $3000.00 so I filed in Special Civil Part. I filed against both of them. I'm not sure if I will be successful at collecting a judgment.

Yea the judge will be lenient with the kids but he will recognize(usually) that at least you were somewhat patient as well. Don't mention you want to sell however. . In Illinois we have to give legal "5-Day Notice" or we're screwed.

Ivanh Comment on robynrar's post
Yea the judge will be lenient with the kids but he will recognize(usually) that at least you were somewhat patient as well. Don't mention you want to sell however. . In Illinois we have to give legal "5-Day Notice" or we're screwed.

A judge may want to be lenient but also has to adhere to the law. The OP gave legal notice and gave more time then he had to. Most landlords would serve a pay or quit after one day late.

A landlord must give proper notice just about everywhere otherwise they can get in trouble.