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All Forum Posts by: Eric S.

Eric S. has started 30 posts and replied 88 times.

Post: Chicago Foreclosure Attorney Recommendation

Eric S.Posted
  • Glen Ellyn, IL
  • Posts 95
  • Votes 59

Codilis is probably your best bet.

Post: Looking For Wholesalers and Bird Dogs-South Side Chicago

Eric S.Posted
  • Glen Ellyn, IL
  • Posts 95
  • Votes 59

I strongly recommend @Larmon Cummings Jr.  I have worked with him in the past, and he is a great guy!

Post: MICE!!!!!! How much of that is my problem?

Eric S.Posted
  • Glen Ellyn, IL
  • Posts 95
  • Votes 59

i have problems with mice every year at this time too.  

i recommend finding an exterminator who is not just going to bait the building, but is also going to go through and repair any holes that they are using to get in.  it costs more (i usually pay about $250), but it is well worth it because i get a guarantee for 6 months against any further issues and can tell the tenant if they see any more mice they can call my exterminator directly.  the tenants love it.

remember that we are in a customer service business.  it is easy to say, "that's your responsibility", but if your tenant is going to move because of the issue, it's worth it to solve the problem.

most exterminators just want to come out, bait, put some traps out, and keep charging you every time they come out.  the good ones know how to solve the problem.  

several thoughts:

1.  he's going to try and hustle as much free rent as he can get out of you.  his goal is to tie this up in the legal system and hope that you have an attorney who is not very skilled in eviction law.  

2.  you need an attorney who specializes in evictions and has done trials.  this will also keep costs down since an attorney who specializes will charge flat fees for the steps, not hourly.  

3.  he cannot live for free while case is pending.  in illinois, a defense attorney's first act is to stall the case with a jury demand.  at that point, landlord's attorney will file a motion for use and occupancy, which will either get him out or paying you back and current rent while case is being resolved.  this motion will be heard by the judge much quicker than the eventual trial date. 

4.  in illinois, you cannot ask a tenant to waive his due process by including a clause in your lease that waives the tenant's right to a trial.  

5.  do not enter the unit!  that is an absolute recipe for disaster!

6.  you're not going to get him disbarred.  being evicted is not a crime, and he will be filing all kinds of countersuits.  the way that chicago defense attorneys work is that they throw as many counterclaims as possible at landlords, hoping to get one to stick.  95% of them are B.S.

7.  i have done 2 trials against former tenants.  defense attorneys ALWAYS drop the jury demand and both parties agree to a bench trial.  judges give these trials maybe 1-2 hours max.  it is swift justice.  

8.  i would not contact him any more.  

Is this in Chicago?  If so, please review the RLTO on security deposits.  Worse case scenario, you deduct from the security deposit what the court will determine is normal wear and tear and not damage, and the tenant hires an attorney (who will happily take the case for free), and files suit for violation of one of the many requirements for handling security deposits in Chicago.  Chances are you violated it at some point during the property transfer, which sets you up for a 2X penalty plus return of the original deposit plus reasonable attorneys fees, plus paying your own attorney.  

DO NOT DO IT!  Make sure you read the RLTO cover to cover before you close.  I would recommend that you have the seller return the security deposits directly to the tenants before closing because handling them is such a pain and legal liability that most smart landlords just charge move in fees and no longer collect deposits.  

Post: Chicago eviction question

Eric S.Posted
  • Glen Ellyn, IL
  • Posts 95
  • Votes 59

I am not an attorney, but in Chicago, month-to-month leases require 30 days notice.  Based on my knowledge of the RLTO, you cannot have the 30 days end mid-month-it must be on the first, so your notice of non-renewal that you gave will expire on July 1.   Did you give it in writing?  If not, you need to do it again before June 1 in writing and save a copy of the letter.  While it is nice, you need not prove delivery.  They still must pay for use and occupancy for June, so if they do not pay June's rent, that would be grounds for filing on June 7th (Since you cannot give a 5 day notice on the 1st of the month-only the 2nd and beyond.)

This is a tough call.  They obviously do not have a new place, so do you file the case and risk facing an attorney who is going to show up and most likely throw 10 baseless counter-suits at the court hoping to get one to stick and which will require you disprove or pay them to go away, or do you wait on the tenant?  Eviction court sucks and you should avoid it at all costs.  Another possibility is that the tenant needs the money that they would normally give you in rent for a new place.  

Maybe your best bet is to see if they pay June's rent or communicate at all with you.  If you do not get either communication on their status or rent money, I would look at giving a 5 day and then having an attorney send them a letter.  Sometimes that works too.  I always file evictions as an absolute last resort, when all communication has broken down.  

I can't imagine that HUD is going to coming after you when you are attempting to move in and documenting your attempts. You must follow the laws in Chicago-bottom line, and they understand that.

I recommend Larry Meyer for evictions in Chicago.  312-346-0875.  I have used him for many years.  He is very reasonable and does a great job.  

Post: Carpet installation in Chicago

Eric S.Posted
  • Glen Ellyn, IL
  • Posts 95
  • Votes 59

I have been using Alex's Carpet Service for about 10 years.  He does a great job and his prices are probably the lowest I have found.  He is dependable and honest.  I use a commercial carpet in my rentals that comes installed with pad for about $1 per sq foot.  

773-852-0372.  I highly recommend him.  

Post: Chicago First Time Landlord - Lease

Eric S.Posted
  • Glen Ellyn, IL
  • Posts 95
  • Votes 59

you may charge up to 50% of the rent amount-no more.  if you do, it will likely be considered  a security deposit by a judge and subject to security deposit laws.  

Post: Chicago First Time Landlord - Lease

Eric S.Posted
  • Glen Ellyn, IL
  • Posts 95
  • Votes 59

I buy my leases from American Legal 312-332-1922.  I use form 104, but there are several depending on which one you and your attorney prefer.  They are updated every year with the required info.  I also add supplemetal forms in addition to the Chicago Apartment Lease.   

Be very careful renting in Chicago.  Read the RLTO very carefully and MEMORIZE it, or you will get sued.  Also be very careful with security deposits, and consider a move-in fee in lieu of a security deposit.  

Be sure to review all pertinent laws.  There are tons, and it pays to do your homework before you start looking for tenants.  

I meant get-rich-QUICK scheme.  Hopefully, all of us will get rich over time!