Calumet City, IL · Member since 2014 · 312 posts · 49 votes
So I'll try to make a long story short. I have a tenant that I inherited when I bought the property back in October. They have never paid in full or on time. Their lease runs out the end of this month and I told them about 3 weeks ago I was not going to renew it. I offered them $250 cash to be out by March 15th if they paid what was owed for this month and last month. They only made a partial payment. I told them deal was off and they need to be out by the 28th of Feb. They say they won't be able to move until the 15th of March. I have talked to my lawyer and it is going to cost $902 to evict them. (more than half of that is cook county IL court fees and such).
My question, do I wait and see if they will really leave by the 15th of next month or simply pay the $900 to start eviction now (which will still take about 6 weeks to get them out) I am concerned that if I pay the $900 and then they leave 2 days later. I am out $900 for nothing.
Investor/Realtor · Hoover, AL · Member since 2010 · 1k+ posts · 459 votes
12y
In this case, I would start the process, since they haven't kept any previous promises. I always try to work with tenants, but some will take advantage. If you wait until 3/15, that's another 6 weeks to wait...If you move now you will be 3 weeks ahead. Cover your bases!
Real Estate Investor · Chicago, IL · Member since 2008 · 1k+ posts · 218 votes
12y
@Jarrett Harris the eviction will take a very long time in Cook County. Even if you get a quick court date, then they can file for a delay of 30 days (usually takes more like 45-60 to get back on the docket). Then once you do get the Writ or order, the Sheriff is way behind on enforcing them. Each day, the cook county sheriff puts a list of numbers on their website referring to your case. That means you are finally getting them evicted. Last I heard, this was 10 weeks after the WRIT.
Now, your tenants may or may not know this.
I have put up notices to evict, then put a copy of the "Filing" in their mailbox showing it is all typed up ready to be filed. Note, it hasn't been filed just yet. Sometimes the tenants just move out.
The only negative is if they know the system, they then realize they can stay even longer. Granted you can get a judgment against them if they stay longer, but good luck collecting on it.
Investor/Realtor · Hoover, AL · Member since 2010 · 1k+ posts · 459 votes
12y
In this case, I would start the process, since they haven't kept any previous promises. I always try to work with tenants, but some will take advantage. If you wait until 3/15, that's another 6 weeks to wait...If you move now you will be 3 weeks ahead. Cover your bases!
Real Estate Investor · Toronto, Ontario · Member since 2014 · 58 posts · 21 votes
12y
Rent is Due on the 1st , On the second we send out N4 Notices as per the law here, after the N4 is served they have 14 days to pay if they pay the N4 is null and void if they do not pay on the 15th day I can start eviction..
Eviction takes 30-45 days so why waste time? they clearly have a bad track record and the eviction process can be stopped at anytime by you should they start paying....
Don't waste time start asap, run it like a business....
Investor · New Haven, CT · Member since 2012 · 285 posts · 175 votes
12y
UP-SIDE: If you pay $900 to evict and they move tomorrow, than you can start collecting rent on a new GOOD tenant that much sooner so it is not money wasted, you can still break even.
DOWN-SIDE, you do nothing and they don't pay, then you still have to evict and then you loose another month or two of rent.
Real Estate Investor · Kirkland, WA · Member since 2012 · 480 posts · 116 votes
12y
Start the lawful notice/eviction process as soon as you can. Make sure you follow the process per your state/local landlord/tenant laws. Get help from local landlord association or eviction lawyer if needed. At the same time, try to work out a cash for keys deal. Definitely don't trust them to do what they say since they have a history proving that would be unwise. Good luck.
Real Estate Investor · Audubon, PA · Member since 2009 · 13k+ posts · 8k+ votes
12y
Does your lease state that legal fees and costs paid to pursue eviction will be added into amounts owed by the tenant? If so, for them to stay they would have to cough up that extra money ...
Investor · Los Osos, CA · Member since 2013 · 78 posts · 25 votes
12y
You might also see if your lawyer can flex at all on costs. I purchased a duplex with 2 sets of tenants just like yours last July. after going thru the process with the first ones and paying a flat rate, I was able to negotiate A split rate for first the filing and then the court appearance. This afforded me the leverage of having filed and served, then using that to tell the tenants that if they were out and signed papers releasing possession of the apartment before court then I in turn would relieve them of the judgement for back rent. This would have gotten me my apartment back faster and cheaper than going to court had my guy decided that he didn't care about judgements.. Good luck anyhow but if it was me I'd be filing now instead of later...
Calumet City, IL · Member since 2014 · 312 posts · 49 votes
12y
@Steve
Yep Section 31 of my lease. The problem is their only source of income is the husband's medical disability check. I think it would be kind of hard to sue them. I am actually going by my building today for something else. I will try to talk to them while I am there.
In this case, I would start the process, since they haven't kept any previous promises. I always try to work with tenants, but some will take advantage. If you wait until 3/15, that's another 6 weeks to wait...If you move now you will be 3 weeks ahead. Cover your bases!
I second this. It sets a precedent. We all are human and want to give people the benefit of the doubt but the longer you wait = the longer till you get paid.
Investor · Middletown, NJ · Member since 2008 · 2k+ posts · 1k+ votes
12y
@Jarrett Harris, in NJ, a disability check cannot be garnished even if you win the judgment. Been there, done that. Maybe it's different in your state. The judgment is on their credit report, but you'll never see the money.
Calumet City, IL · Member since 2014 · 312 posts · 49 votes
12y
Update.......I just talked to my lawyer. He went to court today and made my case before the judge. My tenant who has dodged me for the last 10 days was there also. The Tenant has been given a move out date of April, 15th and my lawyer got a judgment for approximately $2100 owed to me. However since my deadbeat tenant only gets medical disability income, i'll probably never see any of that. Not enjoying this in my first 6 months in being a landlord, but it is what it is.
Investor/Realtor · Hoover, AL · Member since 2010 · 1k+ posts · 459 votes
12y
@Jarrett Harris..It's ok, keep it moving!!!.. You get possession of your property to earn $$..Make sure you screen carefully. I like tenants to have 1-2yr work history with 3X income...At least you can recoup loss....
Real Estate Investor · Saint Petersburg, FL · Member since 2013 · 1k+ posts · 951 votes
12y
This is why you never take the tenant's word. They know how to stall and will continue to give dates they will pay/be out when they know an eviction is pending and are hoping that the landlord will delay filing in order to save money. When a tenant is behind and you know they aren't going to catch up file your eviction as soon as possible. Based on the timing here it looks like you didn't let the tenant stall you too long so that's good.
I see this was an inherited tenant so you obviously didn't have much control over screening. When you fill this vacancy make sure you are very careful with your screening process and are patient enough to wait for the right tenant. Most evictions can be avoided by just not renting to the wrong people.
Investor · Chicago, IL · Member since 2013 · 451 posts · 96 votes
12y
All of the above. Send them a notice to evict via registed mail (return receipt). Offer to help them move before it takes effect (hopefully they go along with a date). File for an eviction. The longer you take the longer it will take.
I'd rather a $1000 loss than to prolong the situation and lose the grand along with several more months of possible rent and aquiring more and more structure damage to the property.
I filed the eviction over a month ago . They were served back on the 16th of this month. Today was the court date. The judge granted them 3 more weeks (April 15th). I could have maybe filed a week earlier but they would still be in the property right now. The process is just that slow in cook county.
Investor · Middletown, NJ · Member since 2008 · 2k+ posts · 1k+ votes
12y
File as quickly as possible, as others have said. We recently evicted a tenant who said she would pay on the 3rd of February, then the 7th, then the 19th. Pay or Quit was served on the 7th, and she was evicted and gone by March 9th. It's faster in Broward County, FL, especially if the tenant doesn't respond. You have my sympathy for the process in your county.
Investor · Chicago, IL · Member since 2013 · 451 posts · 96 votes
12y
yes I also deal in cook county. I just had tenant leave march 14, that should have been out on August 15. Now I gave to go over work to be done with pm this weekend. Painful costly but soon to be behind me and I look forward to building my LLC in realestate. Keep your head up...
Rental Property Investor · Denver, CO · Member since 2013 · 4k+ posts · 2k+ votes
12y
As @Timothy Riley experience, your end may still be several months away.
I would offer to rent a truck for them to move if they moved this weekend. Really I would do it any day they want between now and the move-out date. What did your lawyer would say happened if they didn't move by April 15?
Do they have a place to go? If they don't perhaps you can get ahead of them in the courts and also find temporary shelter. If they do then you can "help" them as much as possible. Often people with little resources end up camping where they are because they don't have any way to move or a place to go. Solve that for them and you get your place back sooner and at a lower cost.
This goes for any landlord if the rent is late start the process. Ever state and county is different but do not wait trust me I have seen every case and the only one who loses is you the land lord.
I already offered $250 cash for them to move out when they said they would (March 15) Of course they called with an excuse that afternoon saying they could not leave because of Blah, Blah, Blah...... I already offered to help with whatever they needed (my words). They said the only thing holding them up is the place they are moving to will not be ready until March 15th...And then that day came and went. If they are not out by April 15th then cook county says I can get the sheriff to forcibly remove them.
This goes for any landlord if the rent is late start the process. Ever state and county is different but do not wait trust me I have seen every case and the only one who loses is you the land lord.
I made sure to start the process right away the first time they were late. I gave a 5 day notice.