Skip to content
×
Pro Members Get
Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
ANNUAL Save 16%
$32.50 /mo
$390 billed annualy
MONTHLY
$39 /mo
billed monthly
7 day free trial. Cancel anytime
×
Try Pro Features for Free
Start your 7 day free trial. Pick markets, find deals, analyze and manage properties.
All Forum Categories
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

All Forum Posts by: Frank S.

Frank S. has started 105 posts and replied 853 times.

Post: Chicago Tenant Smoking Outdoors

Frank S.Posted
  • Specialist
  • Chicago, IL
  • Posts 870
  • Votes 345

Hello,

The Lease reads,

No Smoking is allowed in the apartment; the premise is a non smoking unit.

Based on this, can a tenant smoke outside in the porch and in the back yard by claiming that outside or the front porch is not "the apartment" and not the "premise". This is a two story building, open porch, non-owner occupied in Chicago.

The smoke gets in through the windows upstairs, and through the floors. The tenant may also be smoking inside. 

Because of this issues, can the tenant upstairs claim "nuisances", or "constructive eviction", or "terminate the Lease". I would have to agree that this is very annoying. 

What do you think?

Post: Non-Section 8 Tenant Wants to Sublease to a Section 8 Tenant

Frank S.Posted
  • Specialist
  • Chicago, IL
  • Posts 870
  • Votes 345

Hi there, 

Here is a strange question.  This is specific to Chicago, IL for non-owner occupied properties.

How do you handle subleases?  What's the most efficient way to do them?  Do I screen my tenant's selection or do they do it on their own.

Now, what about when they want to sublease to a Section 8 tenant?  Fair Housing in Chicago protects Section 8 voucher holders, does this also apply to sublease? Can a landlord deny a Section 8 prospect?

Thanks, 

Post: Chicago - Buy-Out Clause

Frank S.Posted
  • Specialist
  • Chicago, IL
  • Posts 870
  • Votes 345

I understand this is not legal advice. 

What's the clause you are using for a 60 day buy out option on a Lease?

Here is my proposal

Buy-Out Clause:

“This allows either the tenant or the landlord to break the lease without penalty as long as they have provided 60 days’ notice and two months break lease fee ($300). 60 days’ notice begins on the day that the fee is received. If the tenant moves out before the end of the 60 days’ notice, the additional days will be accessed as a fee.”

Initial Tenant: ______________
Initial Landlord: ______________

Thanks, 

Frank

Post: Qualified tenant changes her mind. Can I keep the move-in fee?

Frank S.Posted
  • Specialist
  • Chicago, IL
  • Posts 870
  • Votes 345

All done. 

I dropped rent and lowered the move-in fee to $375 to get more traffic. It worked. 

New tenants are set for 8.15, 2 pm. Old tenants extended their stay until 8.15, 20 am. So, no turnover. 

I reimbursed the "qualified tenant". 

Frank

Post: Qualified tenant changes her mind. Can I keep the move-in fee?

Frank S.Posted
  • Specialist
  • Chicago, IL
  • Posts 870
  • Votes 345

I'll return the fee.  This is a learning opportunity. 

From here on, 

If a tenant is interested,  I'll send them directly to MySmartMove.com. I won't bother doing pre-qualifications.

Then,  if I don't get both,  the lease and the deposit,  I will move on. 

I stopped because this tenant was highly qualified. This is a new definition to what highly qualified means. 

Thanks, 

Frank

Post: Qualified tenant changes her mind. Can I keep the move-in fee?

Frank S.Posted
  • Specialist
  • Chicago, IL
  • Posts 870
  • Votes 345
Originally posted by @Russell Brazil:

Id say without the signed lease, No.

It's probably wishful thinking on my end.  Here is where we, as landlords, have to control our hurt egos. 

Post: Qualified tenant changes her mind. Can I keep the move-in fee?

Frank S.Posted
  • Specialist
  • Chicago, IL
  • Posts 870
  • Votes 345
Originally posted by @Account Closed:

Is this a normal thing in your area?

What’s the move in fee for?   

Sorry just never heard of it.  

Typically we do a application fee then if they accept they have a few hours or until close of business to bring a money order For the entire amount of first last and security deposit. At which time the lease is signed.  

Move in fees are popular in Chicago.  Holding a security deposit is a headache and a huge liability if not done properly. 

Post: Qualified tenant changes her mind. Can I keep the move-in fee?

Frank S.Posted
  • Specialist
  • Chicago, IL
  • Posts 870
  • Votes 345

Hey,

Here is a question related to move-in fees. I had screened and approved a tenant for August 1st. I notified the applicant of the approval, received the move-in fee, approved the application, and after I sent the Lease, this person backed out.  It took me one or two weeks to send the Lease, I acknowledge that.   However, the application was approved.

I don't want to be involved in  litigation over $450 dollars. However, I wish I could keep the deposit, because this person may cost me August's rent ($1,000) and a headache.

Here is how the application reads. This person signed it and paid the deposit. This person did not sign the lease. 

What do you think?  Should I revise the wording below?

Thanks, 

Post: Just the Kitchen Sink...

Frank S.Posted
  • Specialist
  • Chicago, IL
  • Posts 870
  • Votes 345

Any decent handyman can do this.  The plumbing part is easy. Remove continuous flow and add a tail piece. New trap.

Cutting the stone is not a good idea.  It's messy (water and diamond blade). Also,  you can crack it.

Consider a single bowl sink of the same dimensions.  If this is a rental, I wouldn't touch it.

Post: 2-Flat: Replacing Galvanized Pipe with Copper

Frank S.Posted
  • Specialist
  • Chicago, IL
  • Posts 870
  • Votes 345

It depends. It looks ok.  Get a few more bids. Draft a scope of work first.  Include water risers, heater,  laundry,  hose hydrant,  permit costs,  etc. Make sure you get them to calculate your water demand,  you don't want undersized pipes at $8k cost. 

Pex is not allowed in Chicago.  They may have a pilot program, but is not allowed by the building code.