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Eviction Case Filed Under My Name and I'm Not the One Being Evicted

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  • 10-01-2018, 02:33 PM
    harold327
    Eviction Case Filed Under My Name and I'm Not the One Being Evicted
    My question involves landlord-tenant law in the State of: Illinois.

    I have a question regarding the evicion that was filed under my name, however I was not the one being evicted...

    Here's a quick summary: I own a condo (fully paid off). I haven't lived there for over 3 years. Meanwhile, I allowed a young family to stay there (close family friends). Our condo association does not allow to rent units, however even thought I was not renting it - it was considered as if I was.. (if a unit owner does not live there OR relative, then it's considered rental).

    As soon as Condo Association found that out, they asked me to get the tenants out of the unit. I notified tenants and unfortunately it took them 2 months to leave (they ahd to find new place..). Sometime in week 6 (as tenants were moving out), the condo association filed for eviction under my name. It said "John Smith and UNKOWN TENANTS". They have now confirmed that tenants have moved out and they will dismiss the case on 10/18.

    Here are my questions:

    1. Did Condo Assosiations law firm did the right thing? meaning that should they have filed eviction under MY NAME? If no, what should I do? (I have court date of 10/18)

    2. What can I do to remove the eviction record? I'm going to court in less than 3 weeks and wonder if there's anything I can do to get rid of?

    My biggest convern is that now i have eviction record under my name and I'm moving in next 2 months. It will make it nearly impossible to get approved for an appartment. Thank you.
  • 10-01-2018, 02:49 PM
    flyingron
    Re: Eviction Case Filed Under My Name and I'm Not the One Being Evicted. Please Help
    Yes, not only was it proper to name you, it's well advised. You were the one allowing the "tenants."
    It will go away once the case is dismissed.
  • 10-01-2018, 03:06 PM
    harold327
    Re: Eviction Case Filed Under My Name and I'm Not the One Being Evicted. Please Help
    What about the public record? I don't believe that will ever go away? is there anything I can do?
  • 10-01-2018, 03:10 PM
    flyingron
    Re: Eviction Case Filed Under My Name and I'm Not the One Being Evicted. Please Help
    What public record? Most of the dockets go away after the case is disposed of. What are you concerned about?
  • 10-01-2018, 03:36 PM
    llworking
    Re: Eviction Case Filed Under My Name and I'm Not the One Being Evicted. Please Help
    Quote:

    Quoting flyingron
    View Post
    Yes, not only was it proper to name you, it's well advised. You were the one allowing the "tenants."
    It will go away once the case is dismissed.

    I am sorry Ron, but not only is it not proper but I believe that the HOA has no standing to bring forth an eviction case. The HOA does not own the property, the OP does.

    The HOA has standing to bring a breach of contract case against the OP for not following the rules, but not an eviction case.
  • 10-01-2018, 05:05 PM
    flyingron
    Re: Eviction Case Filed Under My Name and I'm Not the One Being Evicted. Please Help
    Dockets tend to go away after the trial. That's not to say there aren't other records of the proceedings, but in most places dockets are transitory.
    Quote:

    Quoting llworking
    View Post
    I am sorry Ron, but not only is it not proper but I believe that the HOA has no standing to bring forth an eviction case. The HOA does not own the property, the OP does.

    It's a CONDO. There are lease restrictions. They most certain have standing to evict. In fact, even with a traditional HOA we have standing to evict or in some cases intercept the rent payments.
  • 10-01-2018, 05:50 PM
    pg1067
    Re: Eviction Case Filed Under My Name and I'm Not the One Being Evicted. Please Help
    Quote:

    Quoting flyingron
    View Post
    Dockets tend to go away after the trial. . . . in most places dockets are transitory.

    In over 30 years, I have never heard of such a thing.
  • 10-01-2018, 06:28 PM
    jk
    Re: Eviction Case Filed Under My Name and I'm Not the One Being Evicted. Please Help
    Quote:

    Quoting flyingron
    View Post
    What am I supposed. to read? It's just the same poster (and me) having the exact same conversation on the other board.

    Dockets tend to go away after the trial. That's not to say there aren't other records of the proceedings, but in most places dockets are transitory.


    It's a CONDO. There are lease restrictions. They most certain have standing to evict. In fact, even with a traditional HOA we have standing to evict or in some cases intercept the rent payments.

    But the owner has been named as a defendant. Are you suggesting the coa has the right to evict an owner for this sort of rule violation?

    Even if the coa has standing to file for an evictiction, I don’t see how thst could include the owner.
  • 10-01-2018, 07:57 PM
    llworking
    Re: Eviction Case Filed Under My Name and I'm Not the One Being Evicted. Please Help
    You really need to get an attorney involved. Yes, if you broke an HOA rule they would have the right to go after you legally for that, but that would be a breach of contract case, not an eviction. They do not own your property and are not in a position to evict anyone, let alone the actual owner of the property. Their case needs to be dismissed, with prejudice.
    Quote:

    Quoting flyingron
    View Post
    It's a CONDO. There are lease restrictions. They most certain have standing to evict. In fact, even with a traditional HOA we have standing to evict or in some cases intercept the rent payments.

    No, they do not have standing to evict. They have standing to bring a breach of contract case against the OP but NOT standing to evict.
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