McHenry County eviction court is scary for both tenants and landlords. Tenants have uncertainty about if and when they will lose their housing. Landlords experience uncertainty regarding when they will be paid next and how long it will take the rental unit to become rent-able again. This post explains how important it is to try to settle your eviction case and why it is important to select an attorney willing to help facilitate settlement.
Work things out if you can before heading to or being dragged into McHenry County eviction court.
This advice applies equally for landlords and tenants: If your dispute over possession of a rental unit or back rent has to go to court, you have already lost. Let that sink in for a second. There are no winners in the McHenry County eviction court. There are only losers in that courtroom.
Landlords have lost because they lose precious time to get the rental unit back on the marke,t and they more often than not lose the money they have to pay their attorney (Sure, your lease has a provision that the tenants have to pay you for your costs of collection, but what makes you think that people who cannot pay their rent can pay your judgment for attorney fees?).
Tenants lose even worse. You are faced with an uncertain timeline for moving out. If you cannot find a place to go before the eviction order is executed, you and your belongings will be escorted to the curb and left there by a Sheriff’s deputy. Good luck finding another rental unit with an eviction on your record.
This is why it is so important for both tenants and landlords to settle the matter before taking it to McHenry County eviction court.
We help facilitate settlement.
The first thing our experienced eviction attorneys do before filing an eviction lawsuit or attempting to defend an eviction lawsuit is to try to work things out with the other side. Out of court settlement provides the best possible results for our clients. Landlords are better off by settling (even if it means that they give up some of the back rent, which they will likely not see anyhow) because voluntarily vacating tenants leave the premises in better condition, minimizing repair bills and repair time. Tenants are better off because it can potentially avoid an expensive money judgment and all of the bad consequences that go with money judgments (wage garnishment, bank account freezes, being dragged into court to disclose your assets and liabilities).
Many eviction lawsuits cannot be resolved and require court intervention.
Lady Justice is blind, especially in McHenry County eviction court. Follow the rules, and you can evict your tenant. Don’t follow the rules, and you will be bounced out of court.
Some tenants are unwilling or, more often than not, unable to accept even the most reasonable settlement offers by landlords. On the flip side of that coin, some landlords want to run the tenant through the ringer. Eviction lawsuits are a fact of life in McHenry County. In 2013, 993 “Law-Medium” cases were filed in McHenry County court, of which probably 90% were eviction cases.
If you have to go to McHenry County eviction court, pick an aggressive attorney.
I personally enjoy litigating in the McHenry County eviction court. The trials are fast paced and require that your attorney think quickly on his feet. If you need to retain an attorney for your McHenry County eviction case, give me a call to talk about what I can do for you. I offer all of my eviction clients a complimentary, no charge, initial consultation to discuss their eviction case.