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: Jay P.

Jay P. has started 21 posts and replied 83 times.

Post: tenant trying to delay eviction process?

Jay P.Posted
  • Oak Brook, IL
  • Posts 83
  • Votes 7

Thank Samantha, 

This is him completing the rent payment - the tenant paid the partial on Feb 6th and after the notice is trying to pay the remainder. 

Still not sure if it is a good idea - i just dont want him to use anything against me now that he know the jig is up. 

Post: tenant trying to delay eviction process?

Jay P.Posted
  • Oak Brook, IL
  • Posts 83
  • Votes 7

Hi All, 

State of IL. 

My tenant has been sent a 10 day notice to cure the issues. The 10 days are up on Friday Feb 24 2017. 

The 10 day notice was for the following breaches of the lease agreement: 

1. Not paying 50% of the month of Feb (He originally said he would no longer pay unless I extend his lease agreement) 

2. Violating Local By Laws - was parking trailers on the property and this is not allowed as per the city (he did this like 8 times and didnt learn his lesson the first time, all the fines are current unpaid - $750 each) 

3. Unpaid Water and Sewer Bills 

4. Making changes to the property without written notice (Changing Hardwood Floors, changing a brand new set of washer and dryer and various other paint jobs in the house) 

Today I get a message from him saying that the remainder of the rent will be paid on Tuesday (since Monday is a holiday). 


Should I accept the remainder of rent? I do not want to stop the eviction process or delay this in any way. I have closed my bank account (earlier today) since I do not want to accept any partial amount ever again (he has always used direct deposit) 

Any input on this would be great since the rent would help me for sure, but id rather not accept it if it delays eviction in any way - even with those other lease agreement breaches. 


Thank you all

Thanks. 

There is no mold. It just the tenant going on about stuff and trying to threaten me with lawsuits. There was surface mold once. Cost me a lot to get rid of it. The mold happened since he does not use the pool cover and the humidity causes issues. 

Thanks Vincent, i'm making arrangements to close that account. thanks! 

Thanks Vincent. 

Originally posted by @Vincent Incopero:
  1. No, the rent due is the rent due.  You should have served a 5 day for non-payment of rent to put the nails in his feet. Accepting does not restart in IL, but many judges will not look favorably on your acceptance.  You can ask for possession plus rent in your action for possession.  DO NOT ACCEPT MONEY = BEST PRACTICE.
  2. Health can be a consideration (I have seen it personally with my own properties) but it would have to be debilitating condition involving health and family services or some other agency to have any adverse impact on the overall posture of the proceedings.
  3. The entrance of a judgment and/or order of possession does not depend on his presence. 

Hi Vincent, 

Thanks for the information, this is in DuPage county, the tenant does direct deposit into my account (I use a chase bank account) can I prevent this? 

Thank you

The problem I have with the partial rent is that he does a direct deposit. 

Not sure if there is a way to prevent this? 

Hi All,

State of IL

My tenant paid just over half of the rent for the month of Feb.

He has come out with various excuses about how he had mold testing done in the home etc (all bogus claims of mold) and that is why he doesn't want to pay the full amount.

He was served a 10 day notice to cure all the problems (no rent and other items that he changed without permissions and partially bills to the city for water. He pays just enough to keep the water running.

1. Can he claim that if he pays just over 50% of the rent - can he use this to stay in the property?

2. Can he claim health reasons to stop eviction?

3. If he keeps missing court dates can a judgment be made without him preset in court for eviction?

He has a lease agreement and this is not month to month

Thank you 

Post: cannot serve tenant in person - next steps?

Jay P.Posted
  • Oak Brook, IL
  • Posts 83
  • Votes 7

Hi Zoran, I have an attorney now! thanks for the advice! 

thanks for the advice!