Eviction Process Eviction case filed under my name and I'm NOT the one being evicted. Please help.

[harold327]

Jurisdiction

Illinois

Hi,

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.

 

[zddoodah]

Question #1 is moot.

The answer to the unnumbered question is that, if the association doesn't intend to dismiss until the 10/18 court date, then yes, you should show up to confirm that the case gets dismissed.

With respect to the third question marked as "2," what do you mean by "the eviction record"? Once a court case is filed, there will always be a public record that the case was filed.

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.

If the case gets dismissed, I doubt that very much.

 

[flyingron]

Not only is it legal to list you in the eviction suit, it's advisable on their part. You're as much a party to this as your friends. If the suit does get dismissed as moot because the tenants have left, it will eventually disappear from any record that matters. Let us know when it doesn't. There are specific ways to address "incorrect" civil records.

 

[army judge]

1. Did Condo Assosiations law firm did the right thing? meaning that should they have filed eviction under MY NAME?

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?

There may be no way out of the mess in which you find yourself ensnared.
A legal discussion board is of no real value where complex legal issues are involved.
I suggest you consult a local attorney about ALL the above questions.

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.

You are quite correct in what you typed.

An eviction can inhibit a person from renting decent housing for 30 or 40 years.

Such is the society in which we live.

As the expression goes: No good deed goes unpunished.

The best reply to MOST requests for assistance in NO.

The second best response for folks intent on "helping others to their detriment" is a cash donation and this response, "Sorry, that's the most money I can give you, friend. I wish it was more, but my family has to eat, too."