Why You Need a Lawyer to Evict a Tenant

 Posted on July 09, 2024 in Civil law

Evictions might seem like a very straightforward legal process. You tell the court that your tenant has stopped paying rent, has an unauthorized pet, or is disturbing the neighbors, and the court signs off on having the county sheriff evict him - or so you would think. However, evictions can become much more complicated than that. Your tenant might deny your accusations or get his own lawyer to help him resist the eviction or make counterclaims. If your eviction proceeding gets messy, it is best for you to be already represented by a well-qualified DuPage County landlord evictions attorney.

How an Attorney Can Help Landlords With Eviction

Reasons you want legal representation when you are evicting a tenant include:

• Preparing to recover for damages to the unit - Tenants who are about to get evicted tend to stop caring about whether their unit gets damaged, or may even intentionally cause damages in retaliation. You may need to quickly file a claim to recover money for damages to your unit once the eviction is complete. 
• Gathering strong evidence - Evictions can become a matter of "he-said, she-said." You say your tenant has been smoking marijuana in her unit. She says her neighbor is the one causing the hallway to smell like that. An attorney can help you prepare evidence so that there is less risk of a court believing your tenant over you. 
• Anticipating counterclaims - Your tenant might try to file a counterclaim, having suddenly become upset about a rather insignificant technical housing code violation that has never been an issue before. 
• Dealing with lies and false evidence - Tenants might try anything from simply lying to the judge to outright fabricating evidence to avoid eviction. An evictions attorney is used to dealing with this issue and will be prepared to help bring the truth to light when confronted with false testimony or fabricated evidence. 
• Addressing complex issues - Say you are renting to a married couple. Other tenants have complained about them fighting loudly and throwing things around. If one of them can show that she has been the victim of domestic violence, she likely has a defense to eviction. However, you can - and probably should - still evict the perpetrator. This can be legally complicated.

Contact a Naperville, IL Landlord Evictions Attorney

Appelman Law LLC is experienced in helping landlords remove tenants who have stopped paying or are causing a problem. Dedicated DuPage County, IL landlord evictions lawyer Brett Appelman was recognized by Super Lawyers in 2023. Contact us at 630-717-7801 for a complimentary consultation.