Rental Property Investor · Rochester, NY · Member since 2014 · 55 posts · 21 votes
10y
It's so hard to give advice for people in other areas, due to laws/regulations changes.
In Rochester if you have the property in an LLC ( or any business entity ) or owned by your 401k you must use a Lawyer. IMO unless you know all the steps and how to completely and properly fill out all documents you should let the lawyer do it to avoid having your case tossed back to square one for some error or misstep. then you'd just be hiring an attorney anyways.
If you are in Cook, Kane, Dupage, or Mchenry I would hire someone.
We use Paul Haske in Elgin for our evictions (about 20 a year) that span those counties. I wouldn't think of dealing on my own. You make one mistake-step and you are at the beginning again.
I will be looking into the area attorneys tomorrow morning.
I feel much better after your response. I hold a managing broker license, but still don't have the confidence when it comes to this type of transaction.
Rental Property Investor · Rochester, NY · Member since 2014 · 55 posts · 21 votes
10y
It's so hard to give advice for people in other areas, due to laws/regulations changes.
In Rochester if you have the property in an LLC ( or any business entity ) or owned by your 401k you must use a Lawyer. IMO unless you know all the steps and how to completely and properly fill out all documents you should let the lawyer do it to avoid having your case tossed back to square one for some error or misstep. then you'd just be hiring an attorney anyways.
Real Estate Broker · Downers Grove, IL · Member since 2012 · 93 posts · 57 votes
10y
@James SyedI would agree with @Frank Diminothat since the lease is in your LLC that you will need to hire an attorney. I have 100% success rate at doing my own "5-day" evictions in Will County, but I have heard that 30-day evictions can be considerably more tricky. For this reason as well, I think I would hire an attorney. But before hiring their services, confirm with an attorney or two whether or not you have to hire an attorney for you scenario.
On a side note... You may be talking a minimum of $750 to accomplish this... Have you thought about presenting the tenant with a "cash for keys" offer? Emotionally, I know this is the last thing that you want to do, but a wise man once told me, "It's all about the net!" And he was referring to $, not emotions.
Rental Property Investor · Rockford, IL · Member since 2014 · 4k+ posts · 2k+ votes
10y
In Illinois, you also have to be careful because this state is very tenant friendly. Make sure your attorney is well versed in IL eviction law because given the comping weather, you might not be able to evict until Springtime after the weather breaks.
Given the defendant's legal maneuvers, you not even go before a judge before then.
David J Dachtera
"Success is not a destination. Failure is not an event. Success is a process, failure is a choice." - DJ Benedict
Real Estate Investor · Sauk Village, IL · Member since 2015 · 78 posts · 30 votes
10y
Frank and Scott are right. I have successfully evicted a good amount of tenants and messed up a couple times, where I did have to start over. Because of that, now I possess the skill of knowing most of what a tenant friendly judge could throw out my case, I usually hire an attorney now.
I have done my own evictions under my own LLC, but you're asking for trouble, depending on the judge. I got lucky.
Real Estate Broker · Mount Olive, IL · Member since 2013 · 1k+ posts · 310 votes
10y
David Dachtera
Thank you for responding to my post.
I got an attorney who will charge me $425 - $430 plus filing fee and Sheriff's service fee. It looks to be about $650.
That is painful because this is small town in Midwest and 2 bedroom rent is $550 a month.
I learned a lot in one day (today).
Thank you again.
I have retained attorney because my lease agreement is between my LLC and the trouble some tenant. Had it been in my and tenant's name, I would have been able to represent myself at the courthouse.
You are right. Illinis is a tenant friendly state.
Investor · Granite City, IL · Member since 2014 · 658 posts · 301 votes
10y
Sorry to hear you're going through this @James Syed. The advice you've been given about needing an attorney is correct. You are not a lawyer and the LLC is considered an entity separate from you therefore you cannot represent that entity. I haven't done it myself, but one of the guys in the REIA we talked about did say he's done evictions by himself even though the property is in an LLC. Of course, most of the time the eviction never gets to the judge as he tries to find the evictee ahead of the scheduled court time and convince them to a settlement of some sort. And he says he's pretty successful with that approach.
Real Estate Agent · Louisville, KY · Member since 2015 · 54 posts · 12 votes
10y
@James Syed my guy came up with all of the money needed to get his account current so he stayed. (I should have given notice but did not).
We then signed a month to month lease. He was late (10 days) this month so I am planning to give a 30 day notice Monday the 29th. In KY you have to give 30 day notice before the 1st.
As others mentioned, we too have an LLC and must retain an attorney. LLC pros and cons!
I am going to attempt "cash for keys" if he can get out in less than 30 days. It's a win/win IMO. We don't have to pay an attorney and they don't have an eviction (if they care) on their record.
Thanks for checking in, keep us updated! I too have learned a lot and will make modifications to our lease. Hope things go smoothly for you, would love to know what clauses you'll add to your lease in the future.
Yes, I have already hired an attorney who is very slow. It's been 4 days and I am still waiting for a paper that I need to sign. I guess having an active attorney is important as well.
I offered her cash for keys, however she said NO. I don't want to keep talking to her because she will assume that I am weak.
Same thing in Illinois, you have to give the tenants a 30 day notice in order to have them vacated. This tenant is extremely clever, she knows the system so she has avoided every single notice I had sent her in one year lease like 5 day notice, 10 days notice, not mowing the grass, etc.
I am re shelving my lease. Will update soon regarding this issue soon.
Lender · Greater LA/Orange County area, CA · Member since 2012 · 3k+ posts · 3k+ votes
10y
This thread began with "Forceable Entry and Detainer".
I think of most evictions of an existing tenant, whether under contract or not, and holdover possessors and interlopers after foreclosure as being rather straightforward unlawful detainer eviction cases in mist juristictions.
I've personally used the Forceable Entry statutes to evict a squatter when I was not record owner and concerned that court would take issue with deficient legal standing. I've had that happen, too.
You mentioned foreclosure. I am not sure if I understood it right, but it's NOT a foreclosure. The lease agreement is expiring on February 29, 2016 and lessee wants to hold over.
Yes, In Illinois, it's called forcible entry & detainer (Article IX of code of civil procedure).
Real Estate Investor · Schaumburg, IL · Member since 2014 · 76 posts · 30 votes
10y
Hi James, I would suggest reaching out to a local REIA in IL to get attorney recommendations in your area. I have a very good personal experience with attorneys in Lake County and Cook County. A few of the REIA groups where i attend meetings are members of IRPOA and you can find a list of associations on their site. You will also find more on Meetup. My clients find it key to have the legal relationship established for when this type of situation occur. It helps the attorney have confidence that you have performed the correct steps and puts them in a position of strength before the judge. It is beneficial to have all your documentation prepared and ready to help the case go smoothly.
Waukegan, IL · Member since 2014 · 75 posts · 35 votes
10y
Hi James, Good suggestion by Linda. We use attorney that is in our local REIA and he gets folks out in 45-60 days from the date we serve them a 5 day. Hope that helps. Good luck.