Getting rid of a tenant...

Status
Not open for further replies.

central

New Member
Please advise. I am a landlord in Chicago, IL and have a problem with a tenant. His apartment is in bad condition and has been ever since I owned the building. Everytime the lease would come up, he would demand that I fix everything and not raise his rent. At one point, he had the nerve to ask for a rent decrease.

A few days ago, he asked me to go to his apartment. I did. He said that he would fix everything (I pay for materials and reimburse him for his labor.). I told him that I was thinking of not renewing his lease so I can keep the apartment empty for 2 months and have the work professionally done. He has been upset with me ever since.

The rationale for my decision was as follows:
1. The building is old and if we tear the ceiling down (as a result of a leaky roof and damage to the plaster), there is a great chance of exposure to lead based paint to his 2 children and himself. The apartment has not been painted ever since I was there, and since he moved in, which is about 10 years now. Furthermore, there is also the possibility that asbestos fibers will float around the apartment if the construction is going on while he is occupying the unit.

2. Same as above, this time with his personal property. He has a lot of furniture and he's the type of person that will immediately ask for compensation for the slightest scratch, even if it weren't caused by the construction work.

3. The washroom is in also need of repair. The entire bath needs to be stripped so he will be without a toilet.

His lease does not expire until 3/31/03. Last night, he was drunk and started screaming very loudly at my family: "You f******g foreigners...". He went on and on from 1AM-4AM.

I confronted him the next day and he denied it all.

What would you suggest is the best way to have him move? I don't like confrontation and really don't want to go to court. Would a notice 90 days stating that his lease will not be renewed prior to his lease expiration suffice? The notice would be sent around 01/01/03. I am very tired of his remarks and attitude.

What if he does not move when his lease expires?
Please advise...I am concerned about safety.

Thank you!:confused:
 
get a lawyer. get a lawyer. get a lawyer. i am not trying to be sarcastic but merely am trying to save you untold aggravation from attmepting to evict without counsel. aeven with counsel from the beginning of the process until eviction, can take well over 6 months and thousands of dollars between unit repairs and counsel fees. you see, what is quite likely to happen to you is the minute you serve the notice of termination, the tenant calls inspecitonal services in, as the tenant is in possession the inspector does not need a warrant and then they hit you with all sorts of violaitons. tread carefully and GET A LAWYER!
good luck.
 
Would you suggest I start with a lawyer as soon as I serve the non-renewal notice?

The rent is on time; that is not an issue.

I guess what you are saying is to start with a lawyer.

Also, aren't violations in this case helpful? It adds to my case that the apartment is in need of repair, but it cannot be done while someone lives there.

Thanks for your reply.
 
yes, consult with the lawyer before you even serve the notice to quit. have him draft it for you. the violations themselves are not that helpful because they could subject you to penalties under your jurisdicitons consumer protection statute. here, the damages can be multiplied by a factor of 3 in some states! also, the fact that eviction is needed to make repair is not going to help you becuase a housing court judge could order you to provide the tenant with other accomations during the renovations. look, its tricky but not impossible. just hire a lawyer that specializes in thsi area of the law.

all the best
 
I'm not sure what a lawyer will do for you just yet. You don't really have a violation of the lease that would warrant your tossing the tenant, do you? Additionally, why cause major problems?

What might be best is to talk to the tenant and try to be reasonable. Tell him you would normally consider his offer but you may need to do some major work and don't give any specifics.

Have you investigated potential issues concerning asbestos? The violations are not in your favor -- you don't need to justify not renewing the tenant's lease. And you do want to send a certified letter at least a month before or whatever time period might be written on the lease to let the tenant know that you are not renewing the lease. It's not a legal requirement unless in the lease, and very practical from a common sense standpoint.

What would I do? I'd probably ignore the problem and let sleeping dogs lie. If something else happens then you may want to send a formal letter stating it was the second time that he has violated the lease. Send it certified. The time it may take to get an eviction might not be worth the cost and effort. If he is outside from 1 to 4 am, call the police.
 
So if we are not renewing a tenant's lease, do we have to provide justification, provided that the notice is sent 60 days before expiration?
 
I don't believe you have to provide any justification, only the knowledge that you will not be renewing the lease. I'm not sure why you have to provide notice 60 days prior to the end of the lease. Unless there is a law or provision written in the lease for renewal, it terminates. It is a good prudent measure to give at least a month's prior notice (60 days is fine) and you will likely cover issues that might arise as a result, e.g. the tenant staying and expecting the renewal and then your need to evict, etc.
 
Status
Not open for further replies.
Back
Top