Evictions of month-to-month tenants in Illinois

11 Replies

Hello there I'm currently looking for a multi-family unit that has a month-to-month tenant in it.

If you look at the Illinois housing department website it seems that the governor of Illinois has broadened the stipulation to mean there's a complete moratorium on all evictions versus what the CDC stated which was just on kovid impacted tenants

https://www.ihda.org/about-ihda/covid-19-housing-resources-information/

Can any Illinois investors confirm with me whether I'm interpreting this incorrectly because a local realtor is telling me that she won't show me the house with month-to-month tenants because of that reason

@Tony Ferrero they extended the moratorium, but tenants need to fall into specific guidelines to qualify.

Why is your realtor refusing to show? Are they trying to deter you from buying because of the moratorium

@Chris Herrera they read the Illinois qualification on it as being all evictions versus just the qualifying tenant evictions that's why I'm asking Illinois specific investors to see if they've actually purchased a home during this moratorium and evicted a month-to-month tenant from the prior owner.

@Chris Herrera here's the text. I'm going to press for a viewing anyways because I think it's more my buyer's agent making it difficult than the seller's agent.

Maybe the moratorium is lifted on the 19th in Illinois

From the Illinois website

Per Governor Pritzker‚Äôs COVID-19 Executive Order No.52, between March 20, 2020 and September 19, 2020 (subject to further extension by the Governor), all state, county and local enforcement must cease and owners cannot file for eviction, except where a tenant poses a direct threat to the health and safety of other tenants, an immediate and sever risk to property or a violation of a building code, health ordinance or similar regulation. This applies to all property in Illinois.

 

@Tony Ferrero How's your relationship with the agent been? If they've been just showing you properties and you both haven't really talked about what your ideal situation/goals are then the agent might just not be motivated to go through the time to show you the property and using this as an excuse.

The tenants could just be difficult also and the landlord doesn't want to have people seeing the property until they can see your serious, but that should've been communicated to your agent.

@Tony Ferrero Are you reading that as not allowing one to end a month to month agreement?  And equating the ending a month to month to an eviction?  An eviction would only follow if the tenant did not leave after the end of a month, and became squatters, and you thenfiled, right?

@Alex Forest my buyer's agent told me that I cannot evict the month to month tenants because the seller's agent referenced that link and when I read it I don't see it stipulating they're being covet specific qualifications and so that's why I'm asking you guys if anyone has evicted someone after purchasing a home during the current Illinois moratorium

@Chris Herrera we have talked about my ideal situation. That was my beginning convo with her.

The broker spent about 5 minutes with me on a zoom call after I restated my need and it's one of those situations where the realtor who spends most time on sfr probably is leveraging the broker who is a property investor for 20 years.

I feel a little bit like they bait and hooked me and they getting into a real estate transaction signature where for the next three months they are at very least going to get commissions for what I buym

The broker as a side matter said she had a relationship with an investor trying to liquidate their portfolio I was sent two properties when I went to schedule them suddenly the investor didn't want to show them so I felt a little concerned about that but thankfully I've only signed an agreement with them for 3 months.

I am a new investor and I've tried to communicate clearly what I'm looking for and I know that investors have a bad name with Realtors but I think this is a mixture of them not knowing how serious and hungry I am or maybe focusing more on single-family rentals I'm not sure

Ok, I guess I'm confused. I dont know why you couldn't just state youd like to end the agreement.  No eviction involved, and so these moratoriums wouldnt apply. I see you're asking for input from Illinois folks though, so I'll sit back.

@Alex Forest well that at least provides me with something. I've never had to evict on any of my properties it's always been either a non-renewal of a lease so simple things like this are new to me.

So what you're saying is is I can make a purchase and just give them notice that we're going somewhere differently and it's not technically an eviction right?

I thank you for bearing with me if I'm not clearly articulating something

If you want them out and havent purchased, best approach is to have it as a condition in the purchase contract that it will be delivered vacant.  And then stick to it. Even extend the closing date if need be to give them time to make sure they're out.  That way, you won't have to worry about any of this. And avoid a potentially big headache.

But yeah, unless there is something weird in your Illinois order, it is an agreement that goes from one month to the next as long as the two parties want it to.  If one party no longer wants to continue (non renewal) maybe the Owner wants to fix it up, move in themselves, whatever, they can let the other party know, according to the agreement (might be 30 days, might be 60). Then, the tenants should move out.

In the off chance that those 30 or 60 days come and go, and they dont leave, effectively becoming squatters, that's when youd need to take some legal action (such as an eviction...which is now effected by these moratoriums).  But if they leave as they should because of the non renewal of their monthly agreement, then there is no eviction.

As far as I know anyway.  I usually work with yearly leases, but did pick up a property recently and just started using a monthly on that one.



@Alex Forest I want to upvote this one a thousand this is precisely the type of information I knew was out there I just needed somebody with a little more experience and how to craft my response to my realtor thank you.