Legal Question in Real Estate Law in Illinois

I have a Court Judgment for approx. $4000. for lot rent owed in our mobile home Park; the Judge ordered the eviction of the tenant and the Mobile home. Can WE go to that Judge and ask for a Temporary Injunction until they pay the full Judgment? I have no practical way of collecting once the Mobile Home is moved out of our park?

Asked on 10/04/19, 8:54 am

1 Answer from Attorneys

It is your judgment. Partly depends whether the judge gave a 'stay' of execution - ie time for the tenant to move. If so you might be able to have the judge extend the stay. However that is highly unusual and won't guaranty collection. In addition more rent will accrue. And without seeing the lease, it is impossible to predict any outcome - while your eviction may have terminated the lease if you used the statutory 5-day procedure, if the lease preserves your right to rent after termination the judge might not want to see the tenant exposed to more rent. And, if the judge did not order a stay it would be even more unusual. Either way you would have to set up a motion in court; there is also no guaranty how the judge would react especially if more rent could accrue.You really can't have it both ways, unfortunately.

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Answered on 10/29/19, 6:49 am

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