Help, 1st Eviction

Chicago, Illinois
General Real Estate Investing
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Help, 1st Eviction

Charlie Beneke
Real Estate Agent · Chicago, IL · Member since 2017 · 33 posts · 35 votes

Hey all,

I took in a CHA or section 8 tenant and it is not working out. The unit is filthy and it is bringing in pests. I’m pretty sure they are allowing a boyfriend to stay in the unit and they have stated they are not going to leave when the lease is up 10/1/23. Really the trifecta of everything you do not want to happen as a landlord. 

The positive I can say is that they are paying their portion of the rent on time and CHA is covering the rest. However, I need them out so I can clean up the unit, protect it from further damage and rent it out to more responsible tenants.

Since they are not going to leave when the lease is up I believe I need a recommendation for someone who can go through the eviction process here in Chicago. I cannot offer cash for keys as they are saying they cannot find anyone that offers CHA rentals. 

I know in the standard Chicago lease it has a provision that if they overstay the rent would double but I want to make sure I follow all processes with proper documentation as I heard this is the most important thing when it comes to evictions.

Please help with recommendations! Thank you in advance 

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John Warren
Real Estate Broker · 3412 S. Harlem Avenue Riverside, IL 60546 · Member since 2015 · 6k+ posts · 5k+ votes
3y

@Charlie Beneke I just sent you an attorney I have used who did a nice job. 

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  • John Warren
    Real Estate Broker · 3412 S. Harlem Avenue Riverside, IL 60546 · Member since 2015 · 6k+ posts · 5k+ votes
    3y

    @Charlie Beneke the first step would be to formally give notice of non-renewal. Have you done that yet? Leases automatically go MTM here, so your very first thing is that notice. Next, you need to determine how long they have been in the unit. If this is a 1 year tenant, then you can do a 60 day non-renewal. That means if you give them the notice of non-renewal this month in September, they will have October and then November to leave. That is the first step here. 

    The other route if you really want to evict is to give them a 10 day notice for a lease violation, but this is way more of a grey area. 


    You don't really want to evict them here though. The goal is to get them to move on peacefully. If you give the notice correctly and they don't leave, then you hire an attorney and file. There isn't much more to it than that. I can send you an attorney we have used if you need someone. 

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  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    3y
    Quote from @Charlie Beneke:

    I would argue that the first step is to report them to CHA. If they are in violation of their lease or their agreement with CHA, they can lose their voucher. If they intend to keep it, they will want to do the right thing by you.

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  • Charlie Beneke
    OP
    Real Estate Agent · Chicago, IL · Member since 2017 · 33 posts · 35 votes
    3y
    Quote from @John Warren:

    @Charlie Beneke the first step would be to formally give notice of non-renewal. Have you done that yet? Leases automatically go MTM here, so your very first thing is that notice. Next, you need to determine how long they have been in the unit. If this is a 1 year tenant, then you can do a 60 day non-renewal. That means if you give them the notice of non-renewal this month in September, they will have October and then November to leave. That is the first step here. 

    The other route if you really want to evict is to give them a 10 day notice for a lease violation, but this is way more of a grey area. 


    You don't really want to evict them here though. The goal is to get them to move on peacefully. If you give the notice correctly and they don't leave, then you hire an attorney and file. There isn't much more to it than that. I can send you an attorney we have used if you need someone. 

     @John Warren thank you for the info. They have been in the unit a little over a year since they said they needed extra time to move. I did send out a notice of non renewal to then at the end of July so I am set there. 

    I figured it is harder to evict with breaking a provision. Please provide the lawyer you use as I believe that unfortunately that is what it is going to take. 

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  • Charlie Beneke
    OP
    Real Estate Agent · Chicago, IL · Member since 2017 · 33 posts · 35 votes
    3y
    Quote from @Nathan Gesner:
    Quote from @Charlie Beneke:

    I would argue that the first step is to report them to CHA. If they are in violation of their lease or their agreement with CHA, they can lose their voucher. If they intend to keep it, they will want to do the right thing by you.

     @Nathan Gesner thank you for the response! I guess for this option it would come down to whether they care enough about the voucher to move or try to milk this as long as they can. I just know if they’re voucher gets taken away they’re going to stay in my unit as long as possible and without payment. 

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  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    3y
    Quote from @Charlie Beneke:


    And if that's the case, start the eviction and prevent them from milking it.
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  • Jonathan KlemmBusiness Member
    Moderator
    Contractor · Chicago, IL · Member since 2016 · 4k+ posts · 2k+ votes
    3y

    Hey @Charlie Beneke - I am with @Nathan Gesner, here in Chicago those CHA vouchers are hard to come by...they definitely care about them.

    No matter what you should give them notice that you will NOT be renewing the lease since their current lease is not even up yet...then IF they don't move you can serve them.  Happy to share a couple of eviction attorneys just so you can get ball rolling either way it wouldn't be a bad idea to start the convo.

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  • John Warren
    Real Estate Broker · 3412 S. Harlem Avenue Riverside, IL 60546 · Member since 2015 · 6k+ posts · 5k+ votes
    3y

    @Charlie Beneke I just sent you an attorney I have used who did a nice job. 

    1Reply
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