how does the eviction process works in Chicago il

Question

hello everyone, I hope everyone is having a great day, I need your guys opinion on this. I have a tenant who hasn't pay January rent ,my property management went there couple of times to see what was going on since she didn't respond but still no response she didnt open the door, so what he did was to serve her the 5 day notice but still she didn't open the door and is being 5 days already. what should I do in this case, this is my first time dealing with something like this, should I or my property management take action here, it is the prop management responsibility to do something here or mine, also if you guys know of a attorney you can refer I would appreciate that

Drew Sygit · Answer

Why isn't your PMC handling this?

They should have a relationship with an attorney specializing in evictions (NOT a jack-of-all-trades attorney!).

Here's link that only took me 5 minutes to find:

https://www.fultongrace.com/blog/the-eviction-process-in-chi...

Eudith Vacio · Answer

Hey @Christina Venegas I'm so sorry that you're going through this!Your property manager should be the ones calling the lawyer and filing the paperwork.  All you should do is make sure they are actually doing it! Ask them for a copy of the "Proof of Service" (the paper that proves they gave the tenant the notice).

Chicago laws are super strict, too! so If you take one wrong turn, the judge might throw your case out, and the tenant gets to stay for free even longer.

I have a fantastic attorney who specializes in Chicago real estate and knows exactly how to handle tenants. I can send you his info!

Aaron Zimmerman · Answer

This is definitely not an ideal situation but there's a few things I'd do:

1. Talk with the resident and see why rent is late. Perhaps there was a job loss or something. A lot of people have shame about this and shut down so it's important to maintain dialogue.

2. try and work out a plan to get the resident caught back up on rent. I would highlight that you're not looking to evict them if possible.

3. in the interim, you will need to issue a 5 day notice. I've heard some crazy stories from other investors giving their residents a 5 day notice but the easiest way to get into the unit would be for a maintenance check. You need to give 48 hours notice.

4. After giving the 5 day notice, you have options if the above doesn't work out. Option 1 is actually going forward with filing an eviction through an attorney. Option 2 is doing cash for keys. Option 2 is a lot easier. Give them $500 to vacate within a week or two. Tell them that they won't get an eviction on their record which is the main benefit.

Please note that I'm not an attorney so this is not legal advice but based on my experience of having to do an evictions

I would recommend lavelle law.

Victor So · Answer

Hi Christina, I would recommend speaking to an attorney asap. You may need to have a process server serve the notice if you can’t get a hold of your tenant. If you don’t properly serve the notice, it can nullify the entire eviction process.

Bill B. · Answer

If YOU have to call and search for a random eviction attorney. Your very next call is searching for a property manager. Because you don’t have one now. You have someone willing to take your money when the property doesn’t need managing.

If this person calling themselves is a PM and not just a realtor doing it on the side they should have hundreds if not thousands of properties under management. They should have experience doing 10’a if not hundreds of evictions. They should call the attorney they always call because he’s so good at it. And that attorney should treat your PM like gold because he gets all their business.

Luckily I’ve only had to start two evictions in 2x years with a dozen properties. Both times I got a handful of texts/emails. 1) a tenant didn’t pay on time. 2) 5 day pay or quit notice posted. 3) Eviction process handed off to attorney. 4). Property is vacant and ready for new tenant.

Lisa Peck · Answer

Sorry to hear your going through this!  Chicago landlord tenant ordinance is really sticky and you have to make sure all your ducks are in a row in order to evict since they can turn around and counter sue you say if you didn't pay interest on their security deposit. Try Rich Magnone 773-399-1122. he is outstanding and it's all he does and he only represents landlords.   Tenant attorneys are like ambulance chasers in chicago!

Christina Venegas · Answer

hi thanks for your response, can you please send me his info. I appreciate it

Corby Goade · Answer

Honestly- property management and eviction is the worst place to save money in REI. I like to look at it like insurance- it seems like you are wasting money until your house burns down.

You don't need to be a lawyer and that's a high risk job with all of the professional tenants out there and fair housing advocates.

Get some referrals for a local tenant landlord attorney and let them do their thing, pay them for their experience. Evictions come with LOTS of liability and if you make a mistake along the way, it can be very costly.

Sorry you are dealing with this- not the best part of REI. Best of luck!

Bo Smith · Answer

Ugh yeah this sucks, sorry you're dealing with it. One thing that saved me - document everything with photos. The notice, timestamps, any attempts to contact. What state are you in? That changes the whole process.

how does the eviction process works in Chicago il

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