It is often difficult to accomplish real estate evictions in Naperville, IL and surrounding areas based on the state, landlord and the tenant laws. An eviction is typically permitted to the residential or commercial property owner or a rental or lease property’s manager, where an individual makes rent or lease payments. Although a property owner may legally take away a tenant’s right to stay in the building or apartment, certain steps have to be taken before legally enforcing the person out of the unit. One of such legal processes is known as an unlawful detainer.
An unlawful detainer is a legal process, typically applied to ensure the tenant is removed from a real estate property, where the person works or lives. It begins as soon as the landlord has reported to the court for a special legal proceeding. It is critical to retain a real estate lawyer if you are considering it and get the outcome in your favor.
Besides, there are common stipulation for such a procedure, it occurs only when the individual stays on the property even after a rental or lease agreement has already ended or canceled, or if the person fails to make timely payments, or if an illegal activity has been observed in the unit while similar actions on the tenant’s part also observed. As a landlord lacks permission to evict any tenant without issuing a prior proper eviction notice, the property owner has to get an extra notice through the court of the law with the help of a real estate lawyer if the tenant disobeys the eviction process.
Thus, the property owner usually grants an extension for rentals or issues an eviction notice with so many days in order to avoid initiating an unlawful detainer upon receiving the due payment. However, such process may typically be opted for when the rights of the tenant are more powerful and justifiable in the state.
When unlawful detainer is initiated, the tenant has to go through a legal trial by jury and explain personal concerns and a judgment is passed to either permit the person to stay or evict eventually. When tenants do not present themselves in court, the landlord by default obtains a judgment in their favor as well as compensation for the unpaid rent, the payment of the real estate lawyer fees and court costs.
For more information or to schedule a free consultation, contact The Fitzgerald Law Firm P.C. today at (630) 946-6060 to speak with an experienced attorney on the topic of unlawful detainer.