New Landlord Serving an Eviction During Covid-19

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New Landlord Serving an Eviction During Covid-19

Cameron Rees
Sleepy Eye, MN · Member since 2018 · 18 posts · 5 votes

Hello BP,

I am desperate. I closed on a 4 unit house hack in September and it is my first rental property. I have never been so excited in my life to feel like I have accomplished something that I am hoping with help lead me to financial freedom in the future. My wife took some convincing to move but she is now seeing the benefits and we are living almost free, that is if tenants pay. Two tenants are amazing and genuinely seem like great people that I should never have a problem getting rent from. The third is a different story. He was late the very first month and last called me late, drunk. He said he was smelling a chemical smell from his heater. I went over there and didn't smell anything and gave him a new carbon monoxide and smoke detector to make sure it wasn't anything that would harm them. The tenant, stumbling his words, kept bringing up random issues with the property and kind of throwing them at me with no particular order or reasoning. This is after he just signed a lease with me and said there weren't any problems with the unit when I had asked him. Next he mentioned that he was planning on going to rehab the next day and wondered how rent was going to work since he was going to be gone for a period of time. I told him rent would still be due as normal. Eventually my wife and I went back over to our unit and went to bed. 

The next morning I had texted him asking if he could let me know his plan so I can figure out what I needed to do. No response. Since then I have called and he deleted his phone number and I have also messaged him on Facebook with no response as well with texts. I think he did go to rehab because I have not seen his car at all nor him. I have called the few lawyers that dabble in real estate and they basically said I can't do anything. I asked if him being absent from the unit made a difference and he said yes, but did not seem well educated on the subject and couldn't seem to tell me exactly what to do. One other problem is I never got a spare key to that unit when I bought it and had never made a new one in the month I've been here unfortunately.

Does anyone in Illinois know if I have and rights in order to get someone else in the unit? Am I out of luck? Any help is appreciated and I hope I have given enough Information.

Thanks,

Cameron

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Bjorn AhlbladPro Member
Investor · Shelton, WA · Member since 2017 · 6k+ posts · 6k+ votes
5y

@Cameron Rees the current moratorium ends Nov 22 if I am not mistaken. It will likely be extended, also Judges are very fussy about procedures and paperwork. Very likely there will be free lawyers at the court to help the tenant.

You should either hire a lawyer for any eviction or see if you can get the tenant to take cash for keys; since he is going into rehab maybe he has friends or family to stay with? If you do cash for keys he gets no money until all his stuff is out, you do an inspection, he hands you the keys, and he signs an agreement that he is gone. 

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  • Bjorn AhlbladPro Member
    Investor · Shelton, WA · Member since 2017 · 6k+ posts · 6k+ votes
    5y

    @Cameron Rees the current moratorium ends Nov 22 if I am not mistaken. It will likely be extended, also Judges are very fussy about procedures and paperwork. Very likely there will be free lawyers at the court to help the tenant.

    You should either hire a lawyer for any eviction or see if you can get the tenant to take cash for keys; since he is going into rehab maybe he has friends or family to stay with? If you do cash for keys he gets no money until all his stuff is out, you do an inspection, he hands you the keys, and he signs an agreement that he is gone. 

    2Reply
  • Cameron Rees
    OP
    Sleepy Eye, MN · Member since 2018 · 18 posts · 5 votes
    5y

    Okay thanks for the info. If only I could get ahold of him.

    0Reply
  • Victor N.
    Investor · Wellington, KS · Member since 2016 · 256 posts · 188 votes
    5y

    @Cameron Rees. Has your tenant breached a provision of your lease? Is it month to month? You can't evict unless there is a breach or the rental term is up. Of course, you will have to give notice in accordance with the rental agreement and applicable law.

    1Reply
  • Cameron Rees
    OP
    Sleepy Eye, MN · Member since 2018 · 18 posts · 5 votes
    5y

    @Victor N. Yes. He hasn’t paid rent for November.

    0Reply
  • Cameron Rees
    OP
    Sleepy Eye, MN · Member since 2018 · 18 posts · 5 votes
    5y

    He is on a month to month lease also.

    0Reply
  • Victor N.
    Investor · Wellington, KS · Member since 2016 · 256 posts · 188 votes
    5y

    @Cameron Rees. If you want the tenant to leave, research your local landlord tenant laws to find out the required notice for nonpayment and for terminating a month to month tenancy. Immediately provide the notices to his address. Then contact the law firms who handle evictions to file as soon as they can. You will probably end up filing by the end of the month

    I am not practicing law, this is not legal advice. Consult an experienced local lawyer

    0Reply
  • Cameron Rees
    OP
    Sleepy Eye, MN · Member since 2018 · 18 posts · 5 votes
    5y

    @Victor N. I am waiting for a lawyer to call me back and hope he has some good news. Thanks

    0Reply
  • Ashleigh Leach
    Rental Property Investor · KY · Member since 2018 · 25 posts · 33 votes
    5y

    @Cameron Rees

    If he is on a month to month lease, put a 30 day notice on his door as soon as you can. Once he doesn’t leave after the 30 days, then file for eviction. He very well may leave. Maybe not.... but I’d cut your losses on the rent. I doubt he’s going to pay.

    I know cash for keys works for some, but I refuse to give anyone money like that. If I’m going to spend that kind of money it’s on an attorney and I make it really worth it and then seek a judgement for it. Even with a judgement though, you’d have to get a garnishment to collect. I’d STILL never give anyone money for keys. That’s just my opinion. I’d rather someone have an eviction on their record. :)

    Maybe, tell him you’ll forgive his past due rent if he just gets out instead of paying even MORE with cash for keys.

    You could evict for rent too, but you’ll need to post a notice on his door and allow him time to pay (typically 7 days) THEN file.... More time has passed now. If you do this though, accept all or nothing. If you let him pay partial it shows he’s attempting to pay and the judge may throw it out because you are working with him and allowed him to make a partial payment.

    Good Luck. I hate that this is happening to you BUT it won’t be for forever. Look what you learned during this. Master key all doors with a locksmith company and also, keep door locks on file with locksmith through a master key system because they can just make you additionals when you need.

    The hardest lessons I’ve learned along the way have made me more experienced.

    0Reply
  • Cameron Rees
    OP
    Sleepy Eye, MN · Member since 2018 · 18 posts · 5 votes
    5y

    @Ashleigh Leach Thank you so much for the detailed advice. He also deleted his phone number as now it says out of service when I call. Is a letter on the door saying he has to be out in 30 days good enough for a notice?

    I’m still in good spirits about this because I know it’s just a bump in the road and as you have mentioned, it is just experience I am gaining.

    Thank you again.

    0Reply
  • Lynnette E.
    Rental Property Investor · TN · Member since 2018 · 2k+ posts · 2k+ votes
    5y

    Some rehab centers do not allow the patients to have contact with the outside world, even phones are taken from them or turned off.  Its part of the program to cut off their contact with their old druggie friends or dealers.  So do not take the phone situation as avoiding you.

    When he said he was going to rehab did he say which one?  IF so, you could contact the facility and explain that he needs to pay rent or designate someone to take his stuff out.

    Does your lease have a notice required if gone for more than 7 days?  Did he violate that by not having a return date?

    Can you enter to see if there is an issue like water running or leaks since he may be gone for a while?

    Did he designate an emergency contact in the lease?

    0Reply
  • Ashleigh Leach
    Rental Property Investor · KY · Member since 2018 · 25 posts · 33 votes
    5y

    @Cameron Rees What does your lease say? If your lease says you can issue a 30 day notice to vacate and the terms are month to month, then I’d say yes. Did an attorney make your lease for you?

    0Reply
  • Cameron Rees
    OP
    Sleepy Eye, MN · Member since 2018 · 18 posts · 5 votes
    5y

    @Lynnette E. Thank you for the response again.

    He did not say which facility unfortunately.

    My lease does not specifically say a notice has to be given before leaving for 7 or more days.

    I cannot enter because I don't have a spare key to his unit. Big rookie mistake I know but the previous landlord did not have one.

    He did not put down an emergency contact name as there is no spot on my lease for it.

    Im sure its pretty apparent I don't have my ducks all in a row but am prepared to get it all resolved and get better because of it. 

    Thanks again.

    0Reply
  • Cameron Rees
    OP
    Sleepy Eye, MN · Member since 2018 · 18 posts · 5 votes
    5y

    @Ashleigh Leach I got my lease from another local landlord and it seems legit, but I am not sure if an attorney wrote it up. 

    It states that "Violation of any conditions of this agreement shall be sufficient cause of eviction from said premises. Tenant agrees to vacate the premises within 5 days after receiving notice in writing due to nonpayment of rent, damage to property, or any other breach of this agreement."

    Thank you so much again for your response.

    1Reply
  • Lynnette E.
    Rental Property Investor · TN · Member since 2018 · 2k+ posts · 2k+ votes
    5y
    Originally posted by @Cameron Rees:

    @Lynnette E. Thank you for the response again.

    He did not say which facility unfortunately.

    My lease does not specifically say a notice has to be given before leaving for 7 or more days.

    I cannot enter because I don't have a spare key to his unit. Big rookie mistake I know but the previous landlord did not have one.

    He did not put down an emergency contact name as there is no spot on my lease for it.

    Im sure its pretty apparent I don't have my ducks all in a row but am prepared to get it all resolved and get better because of it. 

    Thanks again.

     

    About the keys part, they are only a suggestion to keep honest people out.  If you want in the house, keys are not necessary. Depending on the door, sometimes it will open with a credit card.  Other times it can be picked.  $20 on Amazon will give you a nice selection of kits and they are easy to use.  

    Opening a door on your own rental to check the water for a long term vacancy is not unrealistic or illegal.  Laws generally say that a landlord can enter under an emergency or with notice for inspection.  Exact wording varies by state, but they all say something similar.  Post the notice on the door and 'enter'.  No law says 'by key'.

    BTW, I buy houses at auction.  I never get a key and have had no problem getting into any of them.  Always use the door too.  Never had to break a window yet!

    0Reply
  • Jennie Ballard
    Brazoria County · Member since 2020 · 69 posts · 24 votes
    5y

    You said you can message him on Facebook. Can you post a comment on his page saying Landlord of Name needs to talk to him? You might be able to get a contact that can help or atleast give you a timeline for how long he will be gone.

    0Reply
  • Cameron Rees
    OP
    Sleepy Eye, MN · Member since 2018 · 18 posts · 5 votes
    5y

    Plot twist: He messaged me back on Facebook and said "Im at rehab, my dad has my rent money I will call him today."

    That was yesterday. I told him he owes a late fee and if I don't see the money by Monday the 9th I will serve an eviction notice.

    0Reply
  • Cameron Rees
    OP
    Sleepy Eye, MN · Member since 2018 · 18 posts · 5 votes
    5y

    After posting a 5-day pay or vacate notice on the door, the next day the tenants dad called me saying he has a check for me. Late fees included. Im glad I don't have to try to evict and hope the tenant gets better and gets back on track. Thank you all so much for your help.

    0Reply
  • Dan Kam
    Member since 2021 · 1 post · 0 votes
    5y

    Congrats on your first 4 unit!  You seem very proactive with research and actions, this will carry you far.   I’ve had my fair share since I started over 10 years ago.  I’ve seen where phone calls and messages go no where but that posting to pay or vacate does wonders.  Of course that once didn’t work on a guy who lost his job and his stay at home wife was leaving him too.  He was feeling beyond empty and I was fearing he might do something out of character.   That’s a story for another day...but did get him out eventually without eviction.

    anyways how’s that tenant doing now?

    0Reply
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