[too nice]

I am a seller in an agreement for deed in Illinois. The buyer had breached the agreement by not paying for over 4 months and failed to up keep the property to code, which is the buyer's responsibility as clearly stated in the agreement. According to the contract I do have to right to re-enter the property. My question is do I need to go to court to do so?

[ScottGem]

You shouldn't. Why have you waited so long to enforce the contract?

As soon as they missed the first payment,you should have sent a notice that they were in breach, giving them some time to pay up. If they missed that deadline, you should have sent them a letter that, since they were in breach, the contract has been voided ans they are now month to month renters.

Then give them a pay or quit notice. You should have had them evicted by now.

[too nice]

You shouldn't. Why have you waited so long to enforce the contract?

As soon as they missed the first payment,you should have sent a notice that they were in breach, giving them some time to pay up. If they missed that deadline, you should have sent them a letter that, since they were in breach, the contract has been voided ans they are now month to month renters.

Then give them a pay or quit notice. You should have had them evicted by now.

Thanks ScottGem. The buyer seemed to be a good person with bad luck, so I wanted to help him and his wife. But now I realized that people create their own bad luck. I really gave the buyer and his wife a deal of a life time (5% annually with out balloon). I should haven't mixed charity with business.