What are the legal steps for eviction from a contract for deed home?

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What are the legal steps for eviction from a contract for deed home?

I fell behind on my payments with a contract for deed home. The landlord demanded immediate possession of the home as the contract stated. The police were call and convinced the landlord to give us 5 days to get out. We received no written notice. We left in the 5 days with as much of our property as we could get out leaving some behind. Is this legal to not receive a written notice and can we be sued for removal of the possessions left behind.

Asked on February 24, 2011 under Real Estate Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Speak with a real estate attorney; you may have a cause of action for improper eviction. If you failed to make payments under the contract, that would be a breach, and that would give the landlord grounds to evict you, as failing to pay under a lease provides grounds for eviction. However, as a general matter, eviction must be done through the courts and legal system, using the proper procedure. (Notice; then if you don't leave, file a Summons and Complaint; get a judgment of possession; then get a warrant or writ of removal.) I do not believe that other mechanisms can be used to evict, whether the grounds are breach of lease, breach of a contract to purchase, foreclosure, etc. Since you may have a cause of action, it would be worth consulting with an attorney. Good luck.


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