Can you get an eviction without a judge’s court order?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can you get an eviction without a judge’s court order?
My daughter should have closed today on a home but was delayed by the bank. Now she finds out the renters won’t move; they where supposed to be out today. They never paid the last months rent and said they should use the deposit for this. They say they will move in 15 days and if they want them out sooner that they should come back with the police. If she closes, I imagine she is responsible for the eviction, and what happens to the property after the closing? It can possibly be destroyed. What is the best solution to this? Maybe they will leave in 15 days, but again, they haven’t paid anything for rent for the 15 days they will be staying either. I don’t think there is a lease.
Asked on August 31, 2012 under Real Estate Law, Illinois
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
I suggest that your daughter have new escrow instructions drawn up before closing on the property that you have written about mandating that the sellers of the unit are resposible for all costs to have the existing tenants evicted as a condition of escrow's close as well as to pay your daughter a set sum per day until she gets possession of the unit free and clear of the tenants.
The existence of tenants in the unit seems to be a material breach of the contract based upon matters I have dealt with in the past. I suggest that your daughter consult further with a real estate attorney about her matter and whether she should close escrow or not at this time.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.