Chicago tenants refusing to answer messages about rent payments??

Rental Property Investor · Chicago, IL · Member since 2020 · 49 posts · 23 votes

So I haven't heard from my tenants in 1 month. I'm a long distance real estate investor and my PM company has called, texted, e-mailed, sent out smoke signals but tenants are still refusing to answer. They initially stated that they were going to pay me for the first 2 months, but now they're refusing to answer. My tenants are now 3 months behind in rent and I have e-mailed possible solutions/modifications for rent payment anddd still nothing. Any suggestions on how to go about this given delayed eviction in the midst of this pandemic? And I know for sure that they're in thee house.

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Quincy Lockett

South Holland, IL · Member since 2017 · 376 posts · 432 votes

@Jay B.

I agree with @Dan Nelson

Give 24 hour notice to enter because you believe the property is abandoned (because of no response). I GUARANTEE you the tenant will start to communicate again. 100%. This is the technique I’ve used. All of a sudden they know how to communicate.

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Brie SchmidtBusiness Member
Moderator
Real Estate Broker · Chicago, IL · Member since 2013 · 6k+ posts · 5k+ votes
6y
Originally posted by @Jay B.:
So I haven't heard from my tenants in 1 month. I'm a long distance real estate investor and my PM company has called, texted, e-mailed, sent out smoke signals but tenants are still refusing to answer. They initially stated that they were going to pay me for the first 2 months, but now they're refusing to answer. My tenants are now 3 months behind in rent and I have e-mailed possible solutions/modifications for rent payment anddd still nothing. Any suggestions on how to go about this given delayed eviction in the midst of this pandemic? And I know for sure that they're in thee house.

Issue a 5 day and prepare for an eviction
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Dan NelsonBusiness Member
Real Estate Broker · Chicago and Kansas City · Member since 2016 · 112 posts · 104 votes
6y
I would have your PM have a reason to enter the property and send the appropriate messaging and 24 hours notice and visit the property. If it seems abandoned, you know you have to find a new tenant. If they are there, the PM can have a face to face conversation. If neither is true, I would leave a legal letter explaining that while you are not going to evict them now(don't mention that you cannot), but if they don't contact the PM and make a plan to pay the bills you will be forced to evict. And explain that an eviction will hurt their credit and all landlords in the future will see they have a previous eviction making it very difficult to find housing in the future.
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Jay B.
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Rental Property Investor · Chicago, IL · Member since 2020 · 49 posts · 23 votes
6y
I actually already issued a 5 day. I thought that would get them to pay, but nope. Thank you for your response! @Brie Schmidt.

Great suggestions! Thanks! @Dan Nelson
2 Reply
Crystal SmithPro Member
Moderator
Real Estate Broker · Chicago, IL · Member since 2014 · 2k+ posts · 1k+ votes
6y
Originally posted by @Jay B.:
So I haven't heard from my tenants in 1 month. I'm a long distance real estate investor and my PM company has called, texted, e-mailed, sent out smoke signals but tenants are still refusing to answer. They initially stated that they were going to pay me for the first 2 months, but now they're refusing to answer. My tenants are now 3 months behind in rent and I have e-mailed possible solutions/modifications for rent payment anddd still nothing. Any suggestions on how to go about this given delayed eviction in the midst of this pandemic? And I know for sure that they're in thee house.

You must issue notices to prepare your tenants for eviction. You won't be able to evict until the lockdown is lifted but you want to be first in line at the courthouse to execute the eviction notice. That's all you can do except offer cash for keys.

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Jonathan KlemmBusiness Member
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Contractor · Chicago, IL · Member since 2016 · 4k+ posts · 2k+ votes
6y
@Jay B. - I think you have done the right things if you have issued a 5-day notice as @Brie Schmidt and @Crystal Smith suggested. If they still aren't responding there is not much you can do except maybe have your PM try to enter the property reason like @Dan Nelson mentioned.

If it were me, I would be talking to my bank to start asking for payment forgiveness. A lot of banks are wrapping loan payments to the end for Landlords in hardship like yourself.

Also, @Crystal Smith mentioned cash for keys which is a good idea too, but really you need to understand their situation because it sounds like they aren't likely to leave.
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Jay B.
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Rental Property Investor · Chicago, IL · Member since 2020 · 49 posts · 23 votes
6y
@Crystal Smith Thank you for your response. I have already issued a 5 day notice. It seems like courts in Illinois are opening on Friday, May 15th. Have you heard anything different?
0 Reply
John Warren
Real Estate Broker · 3412 S. Harlem Avenue Riverside, IL 60546 · Member since 2015 · 6k+ posts · 5k+ votes
6y

@Jay B. nothing is as important with what is going on as hands on property management. I would ask your PM what they are doing to solve this. That is what you pay them for. I would also immediately speak with an attorney who knows the court system and who specializes in evictions. If you need a referral I can send you the guy I use. Your PM company should have an attorney they use as well.
You would be surprised to see how hands off some of these PM companies are though. It may take more than dropping a note on the door. Sometimes you have to knock as well!
4 Reply
Jay B.
OP
Rental Property Investor · Chicago, IL · Member since 2020 · 49 posts · 23 votes
6y
@Jonathan Klemm Thank you so much for your response. I have not thought about payment forgiveness. That is pretty much mortgage forbearance right?
0 Reply
Jay B.
OP
Rental Property Investor · Chicago, IL · Member since 2020 · 49 posts · 23 votes
6y
@John Warren Thank you for your response. I have been more than patient with them. I have offered solutions and now they are just taking advantage of this situation. At this point, I need to evict them. That would be great if you can send a referral to one your eviction lawyers. Thanks in advance!
0 Reply
Quincy Lockett
South Holland, IL · Member since 2017 · 376 posts · 432 votes
6y
@Jay B.
I agree with @Dan Nelson
Give 24 hour notice to enter because you believe the property is abandoned (because of no response). I GUARANTEE you the tenant will start to communicate again. 100%. This is the technique I’ve used. All of a sudden they know how to communicate.
14 Reply
John Warren
Real Estate Broker · 3412 S. Harlem Avenue Riverside, IL 60546 · Member since 2015 · 6k+ posts · 5k+ votes
6y
@Jay B. I just sent you his info.
0 Reply
Joe SplitrockPro Member
Moderator
Rental Property Investor · Sioux Falls, SD · Member since 2015 · 9k+ posts · 18k+ votes
6y
Originally posted by @Jay B.:
@Jonathan Klemm Thank you so much for your response. I have not thought about payment forgiveness. That is pretty much mortgage forbearance right?

Mortgage forbearance is a pause on mortgage payments, but you still owe the money. They either tack it on the end of the loan or split up the amount and make you pay it sooner. I am not aware of any loan offering payment forgiveness. Forgiveness means you never need to pay the money.
1 Reply
Jay B.
OP
Rental Property Investor · Chicago, IL · Member since 2020 · 49 posts · 23 votes
6y
@Joe Splitrock Thank you so much for your response. Ahh I knew that there had to be a distinction because I know you have to pay the money back in mortgage forbearance but I wasn’t sure if was synonymous with payment forgiveness. Thank you!
1 Reply
Jay B.
OP
Rental Property Investor · Chicago, IL · Member since 2020 · 49 posts · 23 votes
6y
@John Warren Thank you so much!!
0 Reply
Jay B.
OP
Rental Property Investor · Chicago, IL · Member since 2020 · 49 posts · 23 votes
6y
@Quincy Lockett Thank you for your response. I have thought about doing so. However, they have now responded “surprisingly” because I have also offered cash for keys as @Crystal Smith has mentioned. However, I need to evict them. At this point they’re trying to take advantage.
0 Reply
Nicole Heasley Beitenman
Investor · Youngstown, OH · Member since 2017 · 2k+ posts · 2k+ votes
6y
Originally posted by @Jay B.:
@Quincy Lockett Thank you for your response. I have thought about doing so. However, they have now responded “surprisingly” because I have also offered cash for keys as @Crystal Smith has mentioned. However, I need to evict them. At this point they’re trying to take advantage.

I agree. I would not take any other route but eviction in this situation.
1 Reply
Jay B.
OP
Rental Property Investor · Chicago, IL · Member since 2020 · 49 posts · 23 votes
6y
@Nicole Heasley Thank you for your response. I was trying to avoid it because I really didn’t want to go down that path, but unfortunately my tenants have left me no choice but to do so.
1 Reply
Mark F.Pro Member
Rental Property Investor · Elgin, IL · Member since 2016 · 326 posts · 270 votes
6y
@Jay B. I'm sorry to tell you this but if they were already 2 months behind before the pandemic hit they aren't going to pay you anything and know that you CAN'T evict them right now. Under normal conditions the cook county courts are back up months for evictions, add in that they have been closed for the last 6 weeks and it might be 4 months after you file before you can even get a court date. I understand that the City of Chicago has certain restrictions as well that might make the process even more difficult.
They are ignoring you because they have no intention of paying....... you will be stuck with them for several more months and I am certain they don't/won't care about your threat to evict. I've been there, it was before the pandemic and the case can be dragged on for months by the tenant just saying they need to get a lawyer, "abc" happened (insert reason) and the judges will grant continuances at least 2 times from you initial court date which means at best case scenario the judge will hear your case on the 4th time back to court typically with 1 month between court dates.
I hope I'm wrong but I have a feeling I'm not
2 Reply
Henry Lazerow
Real Estate Agent · Chicago, IL · Member since 2017 · 2k+ posts · 2k+ votes
6y
Sorry you are dealing with this sounds like a headache. Explain to tenants in writing a few things...
1) An eviction will make it very difficult for them to find future housing and that it will be recorded.
2) That it is your policy to sue afterwards for back rent which will result in wage garnishment.
For future out of state purchases avoid areas that are lower then C grade in Cook County. The laws are way too pro tenant for it to make sense unless the numbers are amazing. I focus on North Side and have never seen an eviction with any clients as the tenant pool in the B areas is very different then even the working class areas.
0 Reply
Jay B.
OP
Rental Property Investor · Chicago, IL · Member since 2020 · 49 posts · 23 votes
6y
@Mark Faustrum Thank you for your response and thanks for sharing your similar story. I have never been through a eviction before so thanks for advising me on those little but important details that I’m not privy too. There’s a lot to think about here.
1 Reply
Jay B.
OP
Rental Property Investor · Chicago, IL · Member since 2020 · 49 posts · 23 votes
6y
@Henry Lazerow Thank you for your response. Good to know. I also have a property in Homewood, which is so much better. What other areas in Chicago are you invested in?
0 Reply
Henry Lazerow
Real Estate Agent · Chicago, IL · Member since 2017 · 2k+ posts · 2k+ votes
6y
I have a 4 flat in Rogers Park/Edgewater. I work with lots of buyers mainly on the north side. Heard Homewood is good for renting single families, brokered a fire burned place for super cheap ($12k) to gut rehab nearby there in Hazel Crest to a client. Excited to see them finish the project.
0 Reply
Jay B.
OP
Rental Property Investor · Chicago, IL · Member since 2020 · 49 posts · 23 votes
6y
@Henry Lazerow Nice! I have to check that area out. Yep, Homewood is pretty great for SFR.
0 Reply
Crystal SmithPro Member
Moderator
Real Estate Broker · Chicago, IL · Member since 2014 · 2k+ posts · 1k+ votes
6y
Originally posted by @Jay B.:
@Crystal Smith Thank you for your response. I have already issued a 5 day notice. It seems like courts in Illinois are opening on Friday, May 15th. Have you heard anything different?

Not sure if the courts are open on Friday May 15th. I thought it was July.

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0 Reply
Austin Tondreau
Downers Grove, IL · Member since 2019 · 15 posts · 3 votes
6y
Originally posted by @Jay B.:
@Jonathan Klemm Thank you so much for your response. I have not thought about payment forgiveness. That is pretty much mortgage forbearance right?

Id be a little careful with this, I would only do it if you're hemorrhaging cash. Because while most banks/ mortgage companies will issue you a forbearance for 6 months, at the end of the term you're often required to pay the past six months principle AND interest payments all at the same time... And then make the next month payment.
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