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Advice about rent issue
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<blockquote data-quote="LittleDudesMom" data-source="post: 557461" data-attributes="member: 805"><p><span style="font-family: 'comic sans ms'"><span style="font-size: 12px">Jody,</span></span></p><p><span style="font-family: 'comic sans ms'"><span style="font-size: 12px"></span></span></p><p><span style="font-family: 'comic sans ms'"><span style="font-size: 12px">I hope this morning wasn't awful and that you were able to speak with him yesterday.</span></span></p><p><span style="font-family: 'comic sans ms'"><span style="font-size: 12px"></span></span></p><p><span style="font-family: 'comic sans ms'"><span style="font-size: 12px">One thing is a must for you - you need to know the laws in your state. In my state, I have to send a letter of default out at close of business on ther 5th or on the 6th to let a tenant know they are in default and include the current month past due, any applicable late fees, amount in arrears (if any), and give them the date the letter is prepared/mailed and the date the amount is due (in our state it is 5 days from the date of the letter). </span></span></p><p><span style="font-family: 'comic sans ms'"><span style="font-size: 12px"></span></span></p><p><span style="font-family: 'comic sans ms'"><span style="font-size: 12px">If we receive their payment in the five days - non issue. If not, we have to file (and that costs us money) and unlawful detainer at which time we get a court date (usually at least 30 days from that date) and the sherif delivers to the address. Most tenants will pay when they see that - if they make a partial payment, we have to send them a letter of acceptance with reservation (which basically means we are receiving your partcial payment but still have the right to proceed with the court case) and that letter must be presented in court, for which we also have to pay legal fees. </span></span></p><p><span style="font-family: 'comic sans ms'"><span style="font-size: 12px"></span></span></p><p><span style="font-family: 'comic sans ms'"><span style="font-size: 12px">If the judge sides with us or the tenant is a "no show", we then have to file a writ of posession (eviction) which is either 10 or 15 days (can't remember) from the date the writ is filed, which costs us more money! The sherif then delivers that and schedules the eviction usually for 9 am on the scheduled day. If that day comes and we have not received the past due amount, the sherif meets us there to make sure the tenant moves out peacefully and that the tenant shows. If the tenant does not show, we are legally allowed to remove their belongings and place "on the street". If it is raining, we are legally obligated to do a lock out - meaning we change the locks and the tenant has the next clear day to move out.</span></span></p><p><span style="font-family: 'comic sans ms'"><span style="font-size: 12px"></span></span></p><p><span style="font-family: 'comic sans ms'"><span style="font-size: 12px">As you can see, it is a long and drawn out process (usually a total of 60 days or so in this state) with lots of court filings and legal requirements in our state. I would imagine that your state has a version of their Illinois Tenant Landlord Act online that you can access.</span></span></p><p><span style="font-family: 'comic sans ms'"><span style="font-size: 12px"></span></span></p><p><span style="font-family: 'comic sans ms'"><span style="font-size: 12px">I hope this response finds things worked out to an agreeable degree.</span></span></p><p><span style="font-family: 'comic sans ms'"><span style="font-size: 12px"></span></span></p><p><span style="font-family: 'comic sans ms'"><span style="font-size: 12px">Sharon</span></span></p><p><span style="font-family: 'comic sans ms'"><span style="font-size: 12px"></span></span></p><p><span style="font-family: 'comic sans ms'"><span style="font-size: 12px"></span></span></p></blockquote><p></p>
[QUOTE="LittleDudesMom, post: 557461, member: 805"] [FONT=comic sans ms][SIZE=3]Jody, I hope this morning wasn't awful and that you were able to speak with him yesterday. One thing is a must for you - you need to know the laws in your state. In my state, I have to send a letter of default out at close of business on ther 5th or on the 6th to let a tenant know they are in default and include the current month past due, any applicable late fees, amount in arrears (if any), and give them the date the letter is prepared/mailed and the date the amount is due (in our state it is 5 days from the date of the letter). If we receive their payment in the five days - non issue. If not, we have to file (and that costs us money) and unlawful detainer at which time we get a court date (usually at least 30 days from that date) and the sherif delivers to the address. Most tenants will pay when they see that - if they make a partial payment, we have to send them a letter of acceptance with reservation (which basically means we are receiving your partcial payment but still have the right to proceed with the court case) and that letter must be presented in court, for which we also have to pay legal fees. If the judge sides with us or the tenant is a "no show", we then have to file a writ of posession (eviction) which is either 10 or 15 days (can't remember) from the date the writ is filed, which costs us more money! The sherif then delivers that and schedules the eviction usually for 9 am on the scheduled day. If that day comes and we have not received the past due amount, the sherif meets us there to make sure the tenant moves out peacefully and that the tenant shows. If the tenant does not show, we are legally allowed to remove their belongings and place "on the street". If it is raining, we are legally obligated to do a lock out - meaning we change the locks and the tenant has the next clear day to move out. As you can see, it is a long and drawn out process (usually a total of 60 days or so in this state) with lots of court filings and legal requirements in our state. I would imagine that your state has a version of their Illinois Tenant Landlord Act online that you can access. I hope this response finds things worked out to an agreeable degree. Sharon [/SIZE][/FONT] [/QUOTE]
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