Can you get an eviction without a judge’s court order?

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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 8 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.


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