All Forum Posts by: Salman V.

Salman V. has started 3 posts and replied 35 times.

Originally posted by @Tony Merchan:

@Salman V. A group of landlord in Westchester county filed a lawsuit claiming cuomo evection moratorium is unconstitutional...

with my case Attorney are going to serve him with notice of unpaid month hopefully they get intimidated.

Awesome - We need someone to do this in Illinois. Anyone want to step up? I can chip in.

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Originally posted by @Bob Floss II:

State of Illinois requires 24 hours notice to enter a property, Chicago requires two days notice to enter a property.

The evictions coincide with the Governor stay at home order. We cannot file until June 1st under the current order. There is case law that states filing the 5 day eviction notice is interpreted as giving notice of an eviction action. There is concern among the legal community the judges may throw out any cases with 5 day notices during the stay at home order as invalid and you'll have to start over. Also keep in mind the Sheriff was 4 to 6 weeks behind on evictions orders before the pandemic. After the stay at home is lifted, they can attempt to start removing tenants, but I'm sure there will be stricter rules and the process will move even slower. I'm advising all my clients to communicate with tenants, negotiate settlements or new leases, or even offer cash for keys.

OH, and please don't forget about the CARES Act. If your property was purchased using an FHA loan or "federally backed mortgage", you have a different set of rules. Congress has stated you cannot "initiate" an eviction until July 25th. The Act also requires all tenants be given a 30 day notice. So an eviction action cannot be filed until August 24th.

Unfortunately, the City of Chicago hasn't been updating their legislation website, but I was on a call this morning with an Alderman that stated several versions of eviction legislation are floating around City Hall. They've been sent to committee, which is usually a bad sign for anything to be passed, but there's still time for the City to pass additional eviction measures before June 1st.

The IL eviction moratorium keeps getting pushed back to the point where it might be indefinite. Would your firm be able to help in suing the state and governor for lost rents since they are in violation of the constitution on property rights?

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Chicago, Illinois

Originally posted by @Joe Splitrock:

@Tony Merchan NY landlords have a constitutional problem on their hands. The executive order barring evictions is a violation of the 5th amendment and 14th amendment. No person shall be denied their property rights without due process. An eviction ban is taking property, by denying rights to recover property that is not being paid for. They try to get around this by stating a tenant must still pay rent, but the courts block any legal recourse to recover rent or recover the property (eviction), so the landlord is denied due process. So it is one or the other, either they are taking without compensation or they are denying due process. The 14th amendment bars the states from denying due process. The courts arbitrarily determined what are essential court cases. For example a tenant can sue a landlord for shutting off utilities, even though the landlord can't sue a tenant to get rent to pay for those utilities. The courts have chosen one persons rights over another.

You could even argue that since the 14th amendment requires equal protection, a landlord and tenant should have equal rights. By choosing what laws to enforce and who to favor, they are violating these constitutional rights.

These executive orders are a massive overreach of power by the Governor Cuomo and the courts. They could extend these orders for months or years and by shutting the courts, they remove the opportunity to even be questioned on their actions. This needs to be challenged in court and probably even at a federal level if the state refuses to hear the case.

Any organizations we can support to start a case?

IL has the same problem (or worse since our governor keeps indefinitely extending the moratorium)

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Getting back to the original scope of discussion on government not enforcing property rights - are there any pending lawsuits against any of the state or federal governments? Is there any way we can support this? The longer the moratorium lasts the worse the situation will be when it opens up.

Most of the fault lies with the federal goverment and our notoriously ****** president Trump. Large companies got huge bailouts. Hedge funds were the biggest “welfare queens” since the treasury pledged to buy junk bonds. They’re called junk bonds for a reason and in the past you could sweep the up for 20 cents on the dollar. The treasury will lose a massive amount of money before this is over. I don’t have any issue with the government helping renters that were unemployed especially considering bigger companies and hedge funds were allocated trillions. I do have an issue with small businesses and small landlords being given a massive shaft receiving few funds (most small businesses I know are still waiting to get thier PPP loan) and not having the government protect property rights by banning evictions instead of backstopping rents and helping tenants pay.

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How does anyone on this forum thinking the moratoriums are ok? I don't think I can ever vote for a anyone who would support this type of action ever again.

I'm happy with the federal government giving help to tenants in paying their rents. Rent vouchers are a great idea too. But a blanket ban on evictions is ludicrous and only rewards the worst types of people who take advantage of bad situations. The Heros act would ban all evictions for a year. This will effectively wipe out a big chunk of the middle class and is exactly like what the OP said - nationalizing assets. Because there would be no enforcement if a tenant doesn't pay rent and doesn't want to go through the process of the rental assistance. The landlord would be the one footing the bill for the very worst tenants. This is government backed theft of the worst sort.

2 Votes

Originally posted by @Nathan Gesner:

Why does anyone invest in these states? Because someone is disabled suddenly they have no responsibility to legal agreements they willingly entered into? Justice no longer applies?

If it were me, I would sell the property while the market is hot and invest in a different state.

Once upon a time I used to think statements about this about IL and Chicago were hyperbole (mostly since I've never done business in a business friendly state). But now with the governor Pritzker constantly extending the eviction moratorium and obscenely crazy tenant protection laws on the cusp of passing I'm selling everything in IL and moving elsewhere.

2 Votes

Voted as well - wish we could get it more exposure on this forum.

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Chicago, Illinois

I've had two different companies come out and they have not found out where the smell is coming from. I'm renting an IR camera tomorrow and will poke around more.

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This smell problem is happening in two different apartments on opposite sides of the building. If it was drain water under the slab shouldn't the smell be in only one apartment?

It’s a 50 year old building – why did this start up just now?

I called 4 different companies and had one come out today:

Called Puroclean - no response yet

Service Master DSC – said he’ll call me back. – Meeting them Thursday at 2 p.m.

Serv Pro - Their rep will get back to me. – The place stinks but he doesn’t think it’s mold. The air humidity is 25% and there were no signs of moisture from his moisture meter at the places he checked (perimeter of building and places where the carpet tack strips had rotted).

USA –

Unfortunately there are no signs of moisture anywhere. I have another company coming out tomorrow and they have infared meters that will look at the slab. On Friday I'll rent an IR camera and figure out if it is something with the roof/ behind the walls when it rains.

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I am going to try the "smell test" tomorrow:

https://inspectapedia.com/odor_diagnosis/Smell_Patch_Test.php

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All Forum Posts by: Salman V.

Salman V. has started 3 posts and replied 35 times.

Post: 5 months without rent pay

Post: Chicago tenants refusing to answer messages about rent payments??

Post: 5 months without rent pay

Post: The Government Nationalized My Rental Portfolio

Post: The Government Nationalized My Rental Portfolio

Post: Sheriff Refused To Do Eviction - Social Services Called

Post: Vote NO on Rent Abatement - URGENT

Post: There's a smell killing me and I've tried everything ... help!

Post: There's a smell killing me and I've tried everything ... help!

Post: There's a smell killing me and I've tried everything ... help!