Evictions Lawyer Batavia IL – Law Offices of Matthew Robinson – Call 630-402-0850
Evictions Lawyer Batavia IL
When Landlords Initiate an Eviction Lawsuit
Once a tenant receives a termination notice (and if he or she has not vacated the premises, corrected lease violations or paid rent), the landlord can move ahead with the eviction process. This entails serving a summons and a complaint for eviction. When this occurs, the court sets a date for a trial or hearing, which takes place before a judge.
The tenant must attend this court date. If not, the judge most likely will rule against the tenant.
Potential Defenses Against Eviction – Consult with an Evictions Lawyer Batavia IL at 630-402-0850
It is possible for a tenant, upon appearing in court, to provide a defense that reduces their chances of getting evicted. For instance, they could point to faulty paperwork. Or demonstrate the landlord took part in illegal behaviors such as failing to maintain the rental unit in adequate, livable conditions.
The tenant could claim the eviction is simply retaliation for their insistence that the landlord complete necessary repairs.
Police Escorts and Eviction
Even if a landlord wins an eviction lawsuit, they cannot immediately move a tenant and their belongings out of the rental unit. Landlords must provide the court judgment to area law enforcement offices, in addition to a fee.
A marshal or sheriff then provides notice that law enforcement officers will appear at the rental premises within a day or so to escort the tenant out. At that stage, it’s best for the tenant to acknowledge their situation and leave on their own accord.
In addition, a tenant may file a lawsuit against a landlord to receive a refund – or partial refund – of past rent.
In some situations, a tenant may sue for the distress and discomfort resulting from substandard living conditions. If you’re a tenant with a landlord who will not maintain a livable rental property, or you are facing the possibility of eviction, consult with an Evictions Lawyer Batavia IL at 630-402-0850.