Tenant Causing Mold and Liens from City on my property.

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Tenant Causing Mold and Liens from City on my property.

Jay P.
Oak Brook, IL · Member since 2016 · 83 posts · 7 votes

Hi All, 


I have been an accidental landlord for about a year. I ended up moving to another state and couldn't sell in time. The house is location in Oak Brook, IL.

In the end I went ahead and leased out the property.

Anyhow, it has already been a year and there is 1 year left.

The tenant has caused many issues such as:

1. many mold issues by not properly utilizing an taking care of an indoor pool room. (I have spend a lot of money over the last month or so fixing on remediation of the mold)
2. there is a bylaw of the area is not to have trailers parked on any property and he has repeatedly brought his trailer and been fined several times (7 times)

None of the fines have been paid and he has skipped 2 court dates and seems to have plenty of excuses.

3. He cannot afford the water bill due to excess water usage and is barely able to cover the payment plan he has setup with the city.

If he does not pay the fines for the trailer - this will cause a lien on my property.

If this happens can I get this guy evicted?

How difficult would this be?

He is not following the swimming pool guide lines that were set out in the lease agreement (or there would be no constant mold issues.)

Any advise would be greatly appreciated on what can be done in this situation. I am unsure how hard it could be the evict someone who is cause liens on the property due to city laws being violated.

Thank you

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Ralph R.
Investor · Bethel, AK · Member since 2013 · 1k+ posts · 852 votes
10y
Mark Winkle No No No. All leases are not MTM in every state. If 2 party's sign a lease (contract). The terms of that lease stand. They are not MTM. Most leases state upon reaching the term of the lease they become MTM. I dunno where you got that but your effectively saying a signature on a lease is invalid. Wrong. I bet your local McDonald's isn't running on a MTM lease. Most Post offices are the same way. They use very long leases. RR.
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  • Joe Abughazaleh
    Investor · Las Vegas, NV · Member since 2013 · 131 posts · 63 votes
    10y

    @Jay P. read over your lease you have with him in detail. A most basic general lease should state something about violating bylaws and consequences. Him not following the swimming pool guidelines alone and causing you un necessary repair costs should be grounds to evict him, but again depends on what your lease saids are possible consequences and your state laws are. It sounds like you got to get that guy out of there! 

    0Reply
  • Jay P.
    OP
    Oak Brook, IL · Member since 2016 · 83 posts · 7 votes
    10y

    Thanks Joe, 

    This tenant originally tried to purchase the property with a contract sale - to which we prompty said "No".

    He keeps talking about purchasing the house - we suspect he cannot afford it though.

    We plan on listing it for sale in January 2017 again but he keeps stating his desire to purchase.

    I think he is a con artist personally.

    I once googled his name (after lease agreement) and the first thing that pops up is dirtbag alert. I felt like slapping myself! 

    Not sure if I should persevere in until January or get the ball rolling, 

    0Reply
  • Ralph R.
    Investor · Bethel, AK · Member since 2013 · 1k+ posts · 852 votes
    10y
    Jay P. I was an accidental landlord once. Damn near put me in bankruptcy. Here's my suggestions. 1). get this guy out if you can. 2nd) Get a PM. I learned to manage properties by watching my PMS do it. Had somebody throughly checked this guys income credit and previous references he probably wouldn't be your tenant today. 3rd. Let your new Pm rent this property out but NEVER sign for 2 years. One year max. Better yet make the first lease come due at the opportune time to re rent the house. Then go month to month. With the same tenant. That way their out of there with a months notice if need be. And you can raise rent with a 30 or 60 day notice, whatever the law allows. It's hard enough to hold a job and take care of all the things in life but trying to manage a rental long distance with experience is hard enough without adding a lack of experience to it. RR
    0Reply
  • Jay P.
    OP
    Oak Brook, IL · Member since 2016 · 83 posts · 7 votes
    10y

    Thanks for the advice RR, I will contact a eviction attorney and see what can be done. He does not seem likely to leave quietly. 

    How long can an eviction take? I have heard IL sides with the tenant a lot. 

    0Reply
  • Mark Winkle
    Investor · Dayton, OH · Member since 2016 · 14 posts · 11 votes
    10y

    All leases in every state are month to month. Give him a 3 day notice and start the eviction process and quit crying about it. Hire an atty. and get on with it.

    1Reply
  • Ed B.
    Real Estate Investor · Sacramento, CA · Member since 2010 · 292 posts · 103 votes
    10y

    this tenant is a Grade A loser.  Get a backbone and evict him.   Outa there.

    0Reply
  • Ralph R.
    Investor · Bethel, AK · Member since 2013 · 1k+ posts · 852 votes
    10y
    Mark Winkle No No No. All leases are not MTM in every state. If 2 party's sign a lease (contract). The terms of that lease stand. They are not MTM. Most leases state upon reaching the term of the lease they become MTM. I dunno where you got that but your effectively saying a signature on a lease is invalid. Wrong. I bet your local McDonald's isn't running on a MTM lease. Most Post offices are the same way. They use very long leases. RR.
    2Reply
  • Ralph R.
    Investor · Bethel, AK · Member since 2013 · 1k+ posts · 852 votes
    10y
    Jay P. I dunno how long in your state but in Colorado a fairly land lord friendly I figure a little over a month if I give the cure or quit notice on the 6th of the month. Be sure your lawyer is one familiar with evictions. If he is not it may take longer. In most states you do it yourself. For my property's once again my PM does it, but they have their own attorney. The tenant becomes liable for those costs as well. If this guy is as bad as you say I would be looking to see how to protect your property. Maybe an inspection before eviction with photos and one after. I'd ask the attorney. Hopefully your lease allows inspections. Again be sure the attorney knows about evictions. Best if you find one that does evictions only if u can. There's another thread on here right now where a lady went to a lawyer and he started her off with a certified letter. Totally and completly wrong for Colorado. RR
    0Reply
  • Mark Winkle
    Investor · Dayton, OH · Member since 2016 · 14 posts · 11 votes
    10y

    I have been doing legal research since 1985. Check out your landlord tenant laws in your state.  In the lease it gives the landlord and tenant the right to give a thirty day notice of termination. Just as if the landlord fails to make repairs, you can serve them with a 30 day notice to "QUIT" or make repairs. After thirty days, your rent can be deposited with the court. If you decide to move out, you give your landlord a thirty day notice. I've even written a book on Landlord Tenant Law translating the codified laws of Ohio into easily understood English, so I know what I'm talking about here. Check your state's Landlord Tenant Laws. You will be surprised how easy leases can be broken. Landlords can raise the rent with a thirty day notice, can evict a tenant if the property is sold and the new owner wants possession, and so on.  By the way RR, I have done legal research for more than a dozen law firms as a consultant, have done research for environmental non-profits across the United States, and advise 35 countries on legislation. If I don't know about something, I research it before making a post. 

    If either the tenant or the landlord "breaches" (fails to perform) their obligations under the lease, the lease can be terminated by (tenant- thirty day notice) or landlord -(eviction) through the property's local municipal court.

    The original term need NOT be completed for a lease to go month to month. 

    Your analogy of a post office, a McDonald's, or a business does not hold water. Any lease can and has been broken. Don't believe me? Try not paying your rent for a month and see what happens. 

    I have been both a landlord and a tenant, and have sued many landlords for breach and failure to perform. Any lease is conditional upon the parties' performance. Not complying with the terms of the lease, any lease, is terms for termination, ask any attorney.

    1Reply
  • Chris Pagano
    Investor · Saint Clairsville, OH · Member since 2016 · 4 posts · 2 votes
    10y

    i think this should be a blessing for you and your family.  Not with this dude so get rid of him. Get a lawyer, take him to court, the dude prolly wont show. Hopefully you meet soon after filing. Sounds like your gonna have to do this when lease expires anyway i doubt that he will leave without an escort.

    0Reply
  • Jay P.
    OP
    Oak Brook, IL · Member since 2016 · 83 posts · 7 votes
    10y

    Thanks all, one thing I would like to add id that this guy has put in new hardwood flooring and perhaps other upgrades without permission. As soon as we found out (during an inspection last Christmas time) we told him to stop this and not to do anything more unless he asks permission, 


    He did these upgrades under the pretense of "purchasing the property at a later date" 

    0Reply
  • Mark Winkle
    Investor · Dayton, OH · Member since 2016 · 14 posts · 11 votes
    10y

    I have been doing legal research since 1985. Check out your landlord tenant laws in your state.  In the lease it gives the landlord and tenant the right to give a thirty day notice of termination. Just as if the landlord fails to make repairs, you can serve them with a 30 day notice to "QUIT" or make repairs. After thirty days, your rent can be deposited with the court. If you decide to move out, you give your landlord a thirty day notice. I've even written a book on Landlord Tenant Law translating the codified laws of Ohio into easily understood English, so I know what I'm talking about here. Check your state's Landlord Tenant Laws. You will be surprised how easy leases can be broken. Landlords can raise the rent with a thirty day notice, can evict a tenant if the property is sold and the new owner wants possession, and so on.  By the way RR, I have done legal research for more than a dozen law firms as a consultant, have done research for environmental non-profits across the United States, and advise 35 countries on legislation. If I don't know about something, 

    If either the tenant or the landlord "breaches" (fails to perform) their obligations under the lease, the lease can be terminated by (tenant- thirty day notice) or landlord -(eviction) through the property's local municipal court.

    The original term need NOT be completed for a lease to go month to month. 

    Your analogy of a post office, a McDonald's, or a business does not hold water. Any lease can and has been broken. Don't believe me? Try not paying your rent for a month and see what happens. 

    I have been both a landlord and a tenant, and have sued many landlords for breach and failure to perform. Any lease is conditional upon the parties' performance. Not complying with the terms of the lease, any lease, is terms for termination, ask any attorney.

    1Reply
  • Mark Winkle
    Investor · Dayton, OH · Member since 2016 · 14 posts · 11 votes
    10y

    Any "repairs or improvements" he made without written consent is a breach of the lease and is grounds for eviction. Every state has a set of Landlord and Tenant laws. Take a look at your state's laws and find a legal remedy and start the eviction process. It is unlikely that you will get cash damages or attorney fees. Most people ignore the court orders for payment of these funds and unless you want to spend money chasing money, let it go and get on with either renting or selling it.

    1Reply
  • Abner Coelho
    Simi Valley, CA · Member since 2016 · 8 posts · 3 votes
    10y

    While Im just a regular guy, I have helped my mother in law and some others with evictions. 

    1.On the basis of him causing damage to your property alone is a cause for an eviction. 

    2."Repair or improvements" are unauthorized per the homeowner and possibly illegal if he required permits but did not get them. 

    3. Not following city by laws. 

    4. Not keeping up with bills. 

    Mr Winkle has a point, leases are to protect both parties when they are behaving according to the agreement. It sucks but I would take your lease to an eviction lawyer. I will say this again, eviction lawyer. Get him out, take your losses and sell or get a good property manager. Even if you are getting neutral cash flow from a good tenant, youre better off than with some positive cash flow and a destructive tenant. 

    0Reply
  • Jay P.
    OP
    Oak Brook, IL · Member since 2016 · 83 posts · 7 votes
    10y

    Thanks all, Yes, very odd this guy is. I have researched how he has conned many people through his various websites and ebay and paypal. (his attorney once called me to ask if he could pay the rent via paypal in small increments - i said "no thank you")

    I made a big mistake relying on my realtor when bringing this guy in.

    Never again.

    I will try to sell - if it sell great, if not I will go through a Property Management Company.

    My plan is also to demolish the pool so a new tenant cannot cause damage via Mold or improper use.

    I am looking for eviction attorneys as I type this.

    Thank you all. 

    0Reply
  • Teri Feeney Styers
    Real Estate Agent · Grand Junction, CO · Member since 2015 · 1k+ posts · 736 votes
    10y

    @Jay 

    @Jay P. here is another phrase for you "constructive eviction" - look it up. Usually it is the tenant that initiates the move out in a constructive eviction. But a landlord can use it too (maybe a fire or flood that wasn't the landlord's fault but they need the property vacant in order to fix it). 

    He has allowed mold issues. Very dangerous and a threat to both his health and the overall "health" of your property. He needs to go so you can properly remediate. (so maybe it isn't this critical - but you could sure make it look that way on paper - especially since you've had to abate it more than once)

    0Reply
  • Aaron Treloar
    Vendor · Kalamazoo, MI · Member since 2016 · 93 posts · 56 votes
    10y

    You have taken him to court "twice" and he has "skipped court"?  In Michigan that is a default and you win.  How is he still there?

    Are you allowed to simply skip court dates in IL???

    0Reply
  • Jay P.
    OP
    Oak Brook, IL · Member since 2016 · 83 posts · 7 votes
    10y

    the city has taken him to court and skipped 2 of them 

    0Reply
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