Gave tenant 4 month notice may not leave, what to do?
Member since 2020 · 240 posts · 104 votes
Gave tenant 4 month notice may not leave, what to do?
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Rental Property Investor · Chicago, IL · Member since 2019 · 109 posts · 443 votes
4yI am also an IL investor and went through an eviction with a tenant recently... this tenant was LITERALLY CRAZY, like truly CRAZY...I tried to evict her for being a nightmare to the city, the other tenants, the property and me...I had video and proof of her craziness and I LOST in court... Then she was late one time on rent (first time really) and I gave her a certified 5 day notice to pay full rent or I would proceed with eviction. She then paid on the 6th day after notice and I did not accept payment... we went to court and I WON. Judge was VERY clear: I gave proper legal notice to pay or they needed to be out, she did not pay in time so she was out, regardless of her excuses or my reasoning, we kept it fully on the facts of the eviction (she got notice to pay on time and she did not pay...period NOTHING else mattered)
So if you gave him proper notice of lease termination then he HAS TO BE OUT. I would text back: I gave you proper legal notice of lease termination on __________ you have acknowledged receipt of this notice (whether he signed certified letter or replied to text as long as there has been talks about this notice and him getting) and you need him to be out by April 1st. Ask him to please let you know where to send any deposit to once he has a new address (does not mean you have to send him anything, you dont know the condition yet and you may not return him anything but asking for his address gives the appearance he may get money back)... then remind him in text: if you are not out by April 1 then you will need to proceed with legal forcible eviction
In short, text him with:
I gave you legal notice as required by IL law
I need your new address to send any deposit back to within 30 days as per IL law
If you are still there on ________ I will be forced to proceed with a forcible eviction and, as per the lease, you will be responsible for my court costs
Please feel free to use me as a reference for your new landlord if needed
Keep it simple, keep it legal, keep it clean... you gave notice as required, he needs to be out, if he is not you have legal rights to get him out and recover damages he has caused...DONT engage him or have discussions or anything...the more you engage the more he has to use against YOU, right now you did the right legal thing, focus on that (dont talk about damage or tree or anything until after he is OUT and you have possession)
17 Replies
- Text back something to the tune of: "I expect you to vacate the unit by x:xxPM on April 1st Thank you."
No need to talk to him and open the door for negotiations or begin finger pointing about tree destruction, it will benefit no one. No need to discuss deposit returns either, you can send the required notification of his deposit deductions for the tree after he has left.
If an eviction is imminent now is a good time to read up on Chicago eviction law, it is very important you follow it exactly. If evictions are difficult or there is a long waiting period to complete these in Chicago.....and the discussion with this tenant involves his request to continue to remain in the rental unit for more time to find a place one option is to agree to allow him to remain with a $500 increase (at least) in the rent. The increase may be the impetus he needs to move.
- 4yTheresa HarrisPro MemberMember since 2019 · 15k+ posts · 11k+ votes
Find out what the law states if he stays extra, but if you don't want him to, simply reply that you can meet to talk about when to do the walk through for the move out and leave it at that.
$500 below market rate is a lot, but you mentioned you'd need to do renos to get it to market rate. So in the short term you're going to be out of pocket.
- Real Estate Agent · Addison, IL · Member since 2015 · 185 posts · 88 votes4y
@Mario Morales it really depends on what your goals are and how much capital you have. If you have a lot of capital on hand and can wait for a few months to go through an eviction then that should give you confidence to file.
It’s unfortunate that they’re always paying on time since it makes it tempting to just keep them but 500 is a huge amount so if you’re willing to go through the headache of an eviction and possible damages that you’ll have to repair because of the goals you have then thats your answer.
Just make sure you are comfortable and have the capital on hand if that’s the route you want to go through
- Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes4y
Quote from @Mario Morales:
Hi again everyone. I text my tenant today to check that we are all good for his moving out date, April 1st. He text back that he wants to "talk to me in person". He is on a month to month tenancy and I gave him the 4 month notice required by chicago law. I feel like he is going to ask for more time, which, if I take the same amount of rent, I will be in a month to month tenancy and will require another 4 month notice. I believe, that if he stays by law, it's double the rent since he is staying past his lease. I don't trust him to leave, he always pays on time but, his rent is under market by $500 and he destroyed a white oak tree I planted, I have him on video, he doesn't know I have the video. I can't have him stay because he is paying way under, he is not a good tenant, and I need to renovate the apartment to get market rate.
What to do?
Respond that you are too busy to meet in person. Send him a certified letter that reminds him of his requirement to be out by 11:59PM on March 30th, that it is non-negotiable, and if he stays beyond that date he will be charged double the rent and you will begin eviction proceedings immediately. If he's not out, you should be serving him notice the morning of April 1st.
The DIY Landlord Book4.7247 Reviews - Wholesaler · Chicago, IL · Member since 2018 · 84 posts · 83 votes4y
From the sounds of it, this tenant won't respect a text or mail reconfirming that he needs to be out by April 1st. Most likely, April 1st will come and go and you'll be in the same situation you're in today.
The Chicago eviction process is awful. It's long and expensive. I know from experience.
Be active in your communication with this tenant. If you don't want to meet him in person, tell him that you're out of town or have something that prevents you from meeting in person and you need to talk over the phone. You need to know what you're dealing with, opposed to waiting until April 1 to find out he's not moved out.
Text and mail is too passive.
- Rental Property Investor · Chicago, IL · Member since 2019 · 109 posts · 443 votes4y
I am also an IL investor and went through an eviction with a tenant recently... this tenant was LITERALLY CRAZY, like truly CRAZY...I tried to evict her for being a nightmare to the city, the other tenants, the property and me...I had video and proof of her craziness and I LOST in court... Then she was late one time on rent (first time really) and I gave her a certified 5 day notice to pay full rent or I would proceed with eviction. She then paid on the 6th day after notice and I did not accept payment... we went to court and I WON. Judge was VERY clear: I gave proper legal notice to pay or they needed to be out, she did not pay in time so she was out, regardless of her excuses or my reasoning, we kept it fully on the facts of the eviction (she got notice to pay on time and she did not pay...period NOTHING else mattered)
So if you gave him proper notice of lease termination then he HAS TO BE OUT. I would text back: I gave you proper legal notice of lease termination on __________ you have acknowledged receipt of this notice (whether he signed certified letter or replied to text as long as there has been talks about this notice and him getting) and you need him to be out by April 1st. Ask him to please let you know where to send any deposit to once he has a new address (does not mean you have to send him anything, you dont know the condition yet and you may not return him anything but asking for his address gives the appearance he may get money back)... then remind him in text: if you are not out by April 1 then you will need to proceed with legal forcible eviction
In short, text him with:
I gave you legal notice as required by IL law
I need your new address to send any deposit back to within 30 days as per IL law
If you are still there on ________ I will be forced to proceed with a forcible eviction and, as per the lease, you will be responsible for my court costs
Please feel free to use me as a reference for your new landlord if needed
Keep it simple, keep it legal, keep it clean... you gave notice as required, he needs to be out, if he is not you have legal rights to get him out and recover damages he has caused...DONT engage him or have discussions or anything...the more you engage the more he has to use against YOU, right now you did the right legal thing, focus on that (dont talk about damage or tree or anything until after he is OUT and you have possession)
- Wholesaler · Chicago, IL · Member since 2018 · 84 posts · 83 votes4y
@Matt Lyons how long did the eviction process take from the time you didn’t accept payment and how much did the whole process cost?
- Rental Property Investor · Chicago, IL · Member since 2019 · 109 posts · 443 votes4y
@Mike Kehoe gave five day notice… they did not pay within five days, filed with court on day 6… got court date one week later, they showed up by zoom and judge gave them 5 more days to come to court. Went to court, tenant lost and had to be out 10 days later. This was Whiteside county not cook
- Wholesaler · Chicago, IL · Member since 2018 · 84 posts · 83 votes4y
@Matt Lyons ahhh, good for you. I would have done the same thing if I was in a county that could get it done that quickly and inexpensively.
No way that timeline is happening in Cook county, which is extremely tenant friendly.
I always feel out cash for keys before proceeding with an eviction in Cook. It’s usually way less expensive and quicker.
My process depends on location. I invest in NC as well, and my first step there is the formal eviction process because it’s landlord friendly, quick and inexpensive.
- Real Estate Broker · Chicago, IL · Member since 2013 · 6k+ posts · 5k+ votes4y
Quote from @Mario Morales:
Hi again everyone. I text my tenant today to check that we are all good for his moving out date, April 1st. He text back that he wants to "talk to me in person". He is on a month to month tenancy and I gave him the 4 month notice required by chicago law. I feel like he is going to ask for more time, which, if I take the same amount of rent, I will be in a month to month tenancy and will require another 4 month notice. I believe, that if he stays by law, it's double the rent since he is staying past his lease. I don't trust him to leave, he always pays on time but, his rent is under market by $500 and he destroyed a white oak tree I planted, I have him on video, he doesn't know I have the video. I can't have him stay because he is paying way under, he is not a good tenant, and I need to renovate the apartment to get market rate.
What to do?
Does he have a SD and if so, have you kept it in a seperate interest bearing account and paid him the interest every year?
This happened to me last year, I had a non paying tenant, I gave him notice of non renewal, he let me show the unit and knew I leased it up. He started ignoring my requests for a move out timeline and 3 days before he was supposed to move he told me he is staying. I filed eviction and was in the process of getting a court date when he applied for the rent assistance program and voluntarily moved out a few months later. I did end up collecting regular rent but if I had proceeded in court I would have gotten double.
I don't think you need to give another 4 months notice, if you want to be nice you can give him another month but be strong on filing eviction.
Second City Real Estate4.821 Reviews - Rental Property Investor · Chicago, IL · Member since 2019 · 109 posts · 443 votes4y
Quote from @Mike Kehoe:
@Matt Lyons ahhh, good for you. I would have done the same thing if I was in a county that could get it done that quickly and inexpensively.
No way that timeline is happening in Cook county, which is extremely tenant friendly.
I always feel out cash for keys before proceeding with an eviction in Cook. It’s usually way less expensive and quicker.
My process depends on location. I invest in NC as well, and my first step there is the formal eviction process because it’s landlord friendly, quick and inexpensive.
I agree that Cook County is no friend to landlords and truly should not be a place ANYONE invests in..sorry for those that have invested there! There is a reason I went as far west as I did in IL, its the only way anything works.
Cash for keys is a route I have gone as well... to evict in the areas I am in takes $300 and wastes at least 2 hours of my time (at least usually more like 4 hours)...so offering money to get them out is a win for me, HURTS I have to admit but that is part of being a real estate investor
1. Did you take a security deposit? If the answer is yes you do NOT want to evict unless you are confident your security deposit game is perfect. In evictions the tenant rights attorneys ask prospective clients one question: did your landlord take a security deposit? If the answer is yes, they will take the case. If the answer is no, they will typically refuse to take the case.
2. I would meet with him and bring a "cash for keys" agreement. I would also bring any notices required by Chicago or Illinois for eviction to move forward (mediation thing, etc.). But cash for keys is great because it provides the carrot and the stick. Carrot -- take my $500 and leave. Stick: eviction. If you bring both and serve the pre-eviction stuff it makes it more clear that you will evict.
This is where you need to talk to your eviction attorney NOW not later after you've already screwed it up and wasted time.3. If you don't have an attorney for your eviction I would retain this guy now to get your advice on exactly how to move forward and what notices are required, etc. But I think knowing how backed up Cook County is and how slow the process is moving (all cases go to one court like a central station) I would do anything I could to avoid eviction including cash for keys. Maybe you pay him $500 to get out. Find out what the attorney will charge and offer the tenant some amount of that.
His name is Rich Magnone and he knows his stuff. This is his highly informative blog:
https://www.chicagoeviction.co...- Member since 2020 · 240 posts · 104 votes4y
Quote from @Austin F.:
Text back something to the tune of: "I expect you to vacate the unit by x:xxPM on April 1st Thank you."
No need to talk to him and open the door for negotiations or begin finger pointing about tree destruction, it will benefit no one. No need to discuss deposit returns either, you can send the required notification of his deposit deductions for the tree after he has left.
If an eviction is imminent now is a good time to read up on Chicago eviction law, it is very important you follow it exactly.Thank you so much for your advise and time!
- Member since 2020 · 240 posts · 104 votes4y
Quote from @Gail K.:
If evictions are difficult or there is a long waiting period to complete these in Chicago.....and the discussion with this tenant involves his request to continue to remain in the rental unit for more time to find a place one option is to agree to allow him to remain with a $500 increase (at least) in the rent. The increase may be the impetus he needs to move.
Thank you so much for your advise and time! - Member since 2020 · 240 posts · 104 votes4y
Thank you everyone for helping me out with this. I really appreciate everyone taking a few moments to give me advise. I wish everyone the best!
- Lender · Annapolis, MD · Member since 2022 · 154 posts · 70 votes4y
@Mario Morales I would do a cash for keys on this all day. The majority of time this worked on my properties with problem tenants.
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