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!
Chicago, IL · Member since 2013 · 136 posts · 32 votes
12y
While it would cost $900 to actually evict, usually once they get the notice that you are taking steps to evict them they will get their act together. No one wants an eviction on their record.
Calumet City, IL · Member since 2014 · 312 posts · 49 votes
12y
Originally posted by @Account Closed:
While it would cost $900 to actually evict, usually once they get the notice that you are taking steps to evict them they will get their act together. No one wants an eviction on their record.
Well unfortunately I found out after I filed for eviction that they already have two others dating back to 2007 and 2010. Apparently the previous owner of this property didn't do any screening. I also found out on the day we closed the loan that they have no security deposit either.
While it would cost $900 to actually evict, usually once they get the notice that you are taking steps to evict them they will get their act together. No one wants an eviction on their record.
Well unfortunately I found out after I filed for eviction that they already have two others dating back to 2007 and 2010. Apparently the previous owner of this property didn't do any screening. I also found out on the day we closed the loan that they have no security deposit either.
The previous owner was probably planning on selling so at that point filling the vacancy and getting some cash was the only priority. I also see a lot of tenants show up with cash in their pocket trying to rent my properties without going through the application....."Oh don't worry, nothing is going to come up anyway....I'll give you the cash and can start moving in today." There are landlords that are too tempted by the prospect of immediate cash and filling the vacancy that they'll take the money and rent it to them without screening. I always tell them to fill out the application and if they pass we can meet and they can pay the money and almost every time the person that was trying to put the cash in my hand has multiple evictions, a huge list of felonies, or both.
Investor · Aurora, IL · Member since 2012 · 38 posts · 4 votes
12y
Jarret,
I'm going through the same process right now. I got the order of posession last week and my lawyer submitted the order of possession to the sheriff this week. Right now the sheriff is backup and the wait is at least 6 weeks. This really blows. Tenant hasn't been paying rent since January. I been a landlord for only 4 months. I inherited this tenant as well. I'm learning a lot through this process. Stay positive.
Investor · Chicago, IL · Member since 2013 · 227 posts · 31 votes
12y
I wish someone told me this when I first started landlording, but theres a couple of things you should start getting into the habit of.
1) Sign a new lease with the tenant when you first acquire the property (assuming they are at will). And clearly define the expectation as far as rent payments. I say that rent is due on or before the 1st and that there is no grace period.
2) The day after rent is due, you should immediately send out a 14 day notice regardless of whether or not you really intend to evict. This is to train your tenants that late payments are not acceptable practice. Even if they normally pay on time. This is to protect yourself so that if a second offense occurs you can automatically move to evict should you choose to. I made the mistake of taking the tenant at their word, and they repeatedly were late on payments. When I finally decided enough was enough, I issued a 14 day notice. But then on day 14 they paid the rent in full, and although I wanted them out at this point I had to accept the rent and cancel the eviction. So I wasn't able to start the eviction untill the following month, after I issued the 2nd 14 day notice.
Residential Real Estate Investor · Kansas City, MO · Member since 2014 · 10k+ posts · 5k+ votes
12y
The best way to deal with these things is to create policies you go by and will only bend under extreme circumstances (this is true for almost everything business, as The E-Myth discusses very well). Trusting tenants unfortunately, rarely works in your favor. That eviction sounds very expensive, but it's probably worth biting the bullet.
I did that. As soon as I took possession of the building I told everyone what was expected and wrote up new leases since non of the tenants at that time had one. I actually lowered the rent $100 for the family I am currently evicting. They paid for November, and December. I then got $600 on Jan, 31 for January's rent. That was the last time they game me anything. I never had much confidence in them so I only wrote their lease to last until the 28th of last month. I gave them about 45 days notice I would not renew. Needles to says they have not left yet. I will drive by the property today to check on things. Maybe they left already???????
Investor · Chicago, IL · Member since 2013 · 451 posts · 96 votes
12y
@Jarret Harris
Mine was a case of tennant being a professional house sitter. They filed complaints with the city between court dates to keep things pending and they used any method they could find to cause continuances. I also feel the Attorney my PM company used wasnt aggressive enough. If again i'll hire my private attorney.
Calumet City, IL · Member since 2014 · 312 posts · 49 votes
12y
Update........I was by my property today to just check on things and give a tenant a rent receipt. Directly across the street from my building is a 9 unit building currently up for auction for back taxes. And guess who I see standing on the front porch just hanging out with the other guys that stay their.............that's right my tenant who I am evicting. To make a long story short, after handling my business at my property I simply walk over and ask him......
Me: "how long are we gonna do this?
Tenant: "we went to court"
Me: that's it? I just want to know how long are you gonna drag this out.
Tenant: we went to court
Me: are you gonna take me past the 15th (judge's move out date for him)
Tenant: I am just abiding by the laws of the court
Me: So then you are telling me you will be out a week from today?
Tenant: God willing.........
I go get in my car and start to drive off. Then I stop in front of the porch where he is sitting and get out of my car.
Me: hey I just want you to know it is nothing personal against you or your family its just business, I mean that..........I mean that
If he is not out a week form today I go file with the sheriff for forcible eviction.
Investor · Vancouver, WA · Member since 2013 · 3k+ posts · 4k+ votes
12y
@Jarrett HarrisYou may be taking unnecessary personal risk by approaching your tenant that way. Sounds confrontational and will only fuel him to cause you more misery. What does he have to lose? Probably less than you do. Stay cool, wait it out and then do what you need to do.
I've only filed unlawful detainer (court eviction) once in 19 years of being in the business. After the process began, no more direct contact with the tenant except through my attorney or with another witness present... and only for necessary reasons.
@Jarrett HarrisYou may be taking unnecessary personal risk by approaching your tenant that way. Sounds confrontational and will only fuel him to cause you more misery. What does he have to lose? Probably less than you do. Stay cool, wait it out and then do what you need to do.
I've only filed unlawful detainer (court eviction) once in 19 years of being in the business. After the process began, no more direct contact with the tenant except through my attorney or with another witness present... and only for necessary reasons.
That is possible. I really am not trying to poke the bear. I just wanted to see if I could get a straight up response/ answer out of him. He was obviously avoiding me. He turned around as soon as he saw my car and then then sat down behind the brick facing on the porch so I couldn't see him. I never got close and never stepped onto the property of the other building. I stayed on the sidewalk. He could cause more problems but I just wanted to see what he would say since I have always dealt with his wife in the past.
Real Estate Investor · StL, MO · Member since 2008 · 296 posts · 152 votes
12y
State law in MO says that if somebody stays longer than the lease states, you can charge double rent. Even though it is state law, I added that to my lease so it is more tangible when I point to it. I had a family who were schemers-always had stories and getting different charities to pay their rent and I was just tired of dealing with them so I gave them the proper notice at the end of their lease and in that notice I included the move out procedure and a reminder that they would owe $1600/month rent if they were still there on the 1st per section X of the lease they signed. I'm not sure how much that factored into them leaving but they did mention several times that they can't afford $1600/month rent and they were out by the 1st.
Calumet City, IL · Member since 2014 · 312 posts · 49 votes
12y
Well surprise my tenants did no move out this past Tuesday. So my lawyer has filed with the sheriff for the order of possession. It could possibly take another 4 weeks.
Well surprise my tenants did no move out this past Tuesday. So my lawyer has filed with the sheriff for the order of possession. It could possibly take another 4 weeks.
That shouldn't surprise you. At this point a tenant that's been evicted before know the process and why wouldn't he stay longer if it doesn't cost him a dime? The longer he stays it gives him a chance to save up the move in money for a new place and maybe buy a new 70" TV and Xbox once he finds a sucker landlord that doesn't check and see that he was just evicted
Well surprise my tenants did no move out this past Tuesday. So my lawyer has filed with the sheriff for the order of possession. It could possibly take another 4 weeks.
That shouldn't surprise you. At this point a tenant that's been evicted before know the process and why wouldn't he stay longer if it doesn't cost him a dime? The longer he stays it gives him a chance to save up the move in money for a new place and maybe buy a new 70" TV and Xbox once he finds a sucker landlord that doesn't check and see that he was just evicted
I guess I should have put Surprise in quotes. I know they are just dragging this out as long as possible. But I really wonder where all there money is going. They have no car, little to no furniture, a cell phone that is sometimes on and sometimes off. May it is all the beer cans I see in the garbage can along with the cigarettes and weed I smell.
Calumet City, IL · Member since 2014 · 312 posts · 49 votes
12y
Just received a call from one of my other tenants. The sheriff was just at my property. I don't know if he was trying to serve notice or what but apparently no one answered the door even though the son that lives there was standing just outside the building. I sure hope they get out without wrecking the place ASAP!
Calumet City, IL · Member since 2014 · 312 posts · 49 votes
12y
Was just a my property and noticed an extension cord from the tenant's apartment who I am evicting. I was in the basement in the room were the boilers are kept. The extension cord was coming through a vent from the upstairs apartment. It was plugged into an outlet in the boiler room. I go up stairs and knock, and knock, listen to hustle and bustle, knock again........
Bottom line, the electric company cut off my tenant's electricity. My tenants told me they are not living their anymore, just getting the last of their things. How long will this continue. The sheriff was supposed to be there to evict them by tomorrow, but I have heard nothing from them.
Calumet City, IL · Member since 2014 · 312 posts · 49 votes
12y
Looks like I finally got my apartment back.
Long story short. I was able to get the apartment deemed "unfit for Human occupancy" and used that to have the police allow me to change the locks without waiting and waiting for the sheriff to show up.