Do you have to file an eviction through the courts?

The rider states that if the rent is late 5 days he can change the locks and remove my personal property. Is that legal if we signed the rider? I assumed you had to file for an eviction through the court.

Asked on July 13, 2012 under Real Estate Law, Illinois

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Yes, you do and no, I can not see that rider being held up in any court any where.  It would be against public policy and I doubt you could abdicate your right to have an eviction heard by a judge.  I would consult with ana ttorney in your area about this clause and pobbilbly have him or her write something to the landlord about it before it gets to that.  Good luck.


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