Cook Illinois Affidavit for Issuance of a Distress Warrant to Enforce Lien on Tenant's Personal Property with Regard to a Commercial Lease

State:
Multi-State
County:
Cook
Control #:
US-00872BG
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Description

This form is an affidavit for issuance of a distress warrant to enforce a lien on a tenant's personal property with regard to a commercial lease.

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FAQ

1. Grounds for Action Distraint is a right vested in a landlord allowing the landlord to cause his tenant's property to be seized to satisfy the rental obligations of the tenant. Distress proceedings apply to the action by the landlord to enforce his lien right on the property of his tenant.

The following is a map showing each U.S. state and whether or not the state grants a statutory landlord's lien against a tenant's personal property for rent....Statutory Landlord's Lien State Law Survey (Short Form) STATECaliforniaSTATUTORY LANDLORD'S LIEN?NoLANDLORD'S LIEN PROVISIONNo statuteLIEN PRIORITY PROVISIONNo statute50 more columns

Virginia Code § 8.01-130.1. The parameters and procedure of the distress warrant are set forth in the code sections that follow. A distress warrant is similar to any other attachment, which allows the sheriff to attach to the tenant's goods, preventing them from being sold or moved.

Lease automatically may terminate at the end of a set term. Landlord and tenant must enter a new lease before the end of the set term for the tenancy to continue after the set term.

The state of Virginia requires that rental properties maintain certain habitable standards. If your landlord doesn't meet them, then you can break the lease without any further obligations. In such a case, a court would deem you to have been "constructively evicted."

There are two ways to terminate a tenancy agreement on a serious breach by your landlord. First, you can apply to ACAT detailing the serious breach by the landlord and requesting ACAT terminate the tenancy agreement. If the breach is serious enough, ACAT may terminate the tenancy.

In Virginia, landlords can evict tenants for a lease violation. The landlord must give tenants a 30-Day Notice to Comply, which provides them with 21 days to fix the issue. Should the tenant be unable to resolve the issue within 21 days, the tenant has the remaining 9 days to vacate the rental property.

Your landlord cannot evict you without a court order, no matter what your lease says. Your landlord cannot cut off your utilities, including water and electricity. Electric, water and gas utility companies are under a moratorium.

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Cook Illinois Affidavit for Issuance of a Distress Warrant to Enforce Lien on Tenant's Personal Property with Regard to a Commercial Lease