State Specific Question About: ILLINOIS (IL)

Well, maybe not state specific.

I'm sure just about everyone has been there- the Pay Early discounts have expired, the late fee has been assessed, and now the renter feels as if they have all the time in the world to pay- why not, they already have the late fee.

In my situation the lease states a 5 Day Notice is automatically sent out if the rent is over a week late- demanding payment by the expiration or "your rights to tenancy may be revoked, and the Landlord may file action in court against you" etc etc. A standard letter I actually got from Staples, meant to firmly say pay attention and take action.

Two years into renting and this has sufficed. In fact, usually the pay early discount was enough. Now, suddenly- two renters simply aren't paying. One tells me "2nd week, maybe 13th". Another keeps giving dates they will pay, and then no payment, and no explanation.

So, two 5 Day Notice letters have gone out. Both expire Monday, and still no payments.

Of course I've been in communication all the way along, stressing the importance of making the deadline.

Now what?

I realize a lot of this is psychological, bark so you don't have to bite, as that is costly. And the old line, "Don't mess up a good renter if they're just late once in awhile".

But once in awhile, will become all the time if its simply accepted.

What are other landlords typically doing on the expiration of the 5 Day Notice.

Wait a week, and then file for a court date?

It goes without saying that by the time it gets to 3 weeks late, that only leaves 1 week to come up with the next month's rent. Which they certainly won't have.

Thoughts ? ??? ?

Here's the thing:

Something definite has to happen at the end of the 5 Day Notice.

Otherwise, it will lose all effect.

I mean what good is sending the notice if they just say, "Well, nothing happened last time it expired {toss}"

Ken, I agree with you. Keep in quick and simple. Ally sounds like she is WAY to involved with her tenant's lives and has a lot of time on here hands.

And, really, calling tenants to ask when the rent will be paid? I'd say the tenants are in charge right there.

Time for LL Speech #2. It goes like this: "If you do not pay the rent, I will file for eviction. Once I hire an attorney, there is no turning back. I will win this case because I know the law and have done everything according to the law. Not only will you owe the past rent, but you will also owe the legal costs. You will have an eviction on your record. No one will rent to you. When you do not pay the judgement, your credit score will suffer. Please consider your actions carefully."

RathdrumGal: I like your wording. I'm thinking that speech might be good to give even before lease signing.

To answer the question from jeffpas: "Now what?" What you need to do now (on the very next day if they miss the deadline) is go to the courthouse and take the first step toward evicting them. (here it is called filing an unlawful detainer). Just tell the court clerk what the situation is, and ask the clerk what forms you need to fill out and what you need to do to serve notice. I have found the clerks to be very informative & helpful.

Hopefully, when the tenant gets this official document from the court, they will wake up and shape up - knowing that they have a landlord who means business and cannot be manipulated. If they don't, you proceed with the rest of the steps as they have been explained by the clerk, to end in lawful eviction. (I suggest you get a lawyer at that point, particularly if you are new to the court process.)

Tonia, I doubt that your Staples form letter constitutes a legal Five Day Notice. Maybe it does.

My Five Day Notice is a legal document that is personally served by my process servers. Upon the expiration of the Five Day Notice (misnomer -- they don't count weekends and holidays), I file an eviction against the soon-to-be former tenant. It is simple -- pay if you want to stay, and if you don't pay by the time the Five Day Notice expires, you will be evicted.

Well as I said 2 5-Day Notices went out. And I don't see the point of a 5 Day Notice if nothing happens at the end of the notice, they'll simply ignore them from that point on.

One finally paid on day 6. The other tehant I had already made an "extra day" arrangement since she said she would pay on the 13th.

No payment on the 13th, and the bank closed.

I texted her saying I was required to go to file at noon on the 14th for non-payment since the notice expired.

That got a "I was at my sister's and out of town, and I'll drop the payment in before 9.", followed by me saying "Please do so its extremely important."

The next day 9:00 went by.... No payment.

So, I called the Circuit Clerk's office for information. They said in Illinois landlords file online now, and they get 'hundreds of evictions filed a day' so there's a waiting list, but its possibly $142.00 to file, will find out this afternoon.

Considering another incentive message to the renter saying, "Please make your payment before noon, otherwise we will have to charge you the filing fee."

Legal?

It really looks like what we have here is a renter who just doesn't believe anything is going to happen.

She was the one who first emailed and said "I'll be paying on the 12th" when I asked her where the rent was on the 1st.

Not good! Between a rock and a hard place here.

"It really looks like what we have here is a renter who just doesn't believe anything is going to happen."

I'm not sure what 'I think you're both right' means.

Anybody here from Illinois? I'm wondering about the legality of telling the renter they may be liable for the filing fee, or simply telling them it will be added to their rent due.

I think I know the answer to the 2nd: It depends on if its stated in the lease. Which it will be from now on.

2 1/2 years into this and I've had my share of bolts... but never had a no-pay squatter, which I always said was the worst situation. Hope that's not what I have here.

Well, I certainly have been making it clear that action must happen immediately.

Not surprisingly, at least from my point of view... she finally made her payment yesterday about an hour before I filed. But it was for the wrong amount- $15 short. Even though the notice said the amount owed and spelled it in words, as well as me texting "Be sure that you pay the exact amount on the 5 Day Notice that was mailed" and giving the amount again.

I then texted her telling her it was extremely important to get the remaining amount in so that the issue could be wrapped up asap.... and got an "Oh! I'm sorry that was my mistake... but I'm on my way to work already" etc., to which I replied reasonably, "Please get it in then asap."

Then, I told her again this morning, giving her another day: "Please be absolutely sure to get the remaining amount in before bank close, as you still have an outstanding 5 Day Notice".

Guess what?

Bank closed, No payment.

I'm curious what other landlords do here. $140 to file in court for the remaining $15 owed, and tell her she will be responsible for this?

Or do we start playing the game where they start paying not quite all the rent owed each month, "all that they have".

I've fully expected almost complete payments like this, but surprisingly, have never come across it before.

She got the core rent, and some of the fee... but clearly not what was on the printed notice. And telling them to ignore that is telling them to disregard a legal document.

Anyone have any thoughts??

"Well, I certainly have been making it clear that action must happen immediately."

"Well, I certainly have been making it clear that action must happen immediately."

Its amazing the variability of people's reactions to this situation.

After explaining what I told the tenant about the remaining balance to another landlord here (that they would potentially owe $140 just for the $15 if they don't get it in immediately) they said: "wow, you came down on her hard" and "I sure wouldn't pay to file in court for only $15 bucks. Just keep reminding her every day until she pays."

A relative said: "You're going to push your tenant right out the door."

So, I've got two people thinking I'm a tyrant and one person online saying I'm a pushover.

Well, not so much concerned about appearances.

What I want to know is: what is the leverage used for the remaining $15 balance?

I can file in court tomorrow, and pay $140.00 for $15 in fines owed, but I don't think a judge is going to think its worth his time. Its also iffy if the tenant challenges being fined $140 for $15. You see how they can make that look.

On the other hand, we have "Its only $15...." and we begin ignoring the amounts on legal notices, which is NOT good.

So, what would you do, landlords? Yelling at them isn't going to do anything. They have to have a consequence for not paying the $15. And they have to pay it now, not later as the notice had a deadline.

????

You're calling names, but you're not offering any advice as to what to do.

So, ye who are not a pushover....

What would you do?

Sorry, I call 'em as I see 'em. Your approach to your tenant problem seems all bluster and is unfocused.

Landlording is business. It's subject to federal, state, and local laws.

When a tenant doesn't pay rent I serve them with notice as soon as the law allows. If they don't pay within the allocated time I send the proper documents to my lawyer and let them handle it. I stay out of the way unless I am needed.

Well make that 3 Tyrant to 2 Pushover.

I have another landlord now who says I'm 'letting this get out of control', 'just keep reminding them' and that a judge is not going to like a case brought up over $15.00.

This is a pretty common situation that landlords face, I'm surprised there aren't more opinions out there on it.

Anyone else serve a 5 Day Notice, and get almost all of it paid?

Did you tell them, "Well, 500 shmundred, you got close enough" and let it go at that?

Or did you tell them all of it, and what was the consequence if not.

"Just keep reminding them" in my opinion, means "Just keep watching that payment not made".

? ???

>>Your approach to your tenant problem seems all bluster and is unfocused.>>

Now you're starting to understand why I'm here and keep asking for advice on what specifically to do!

Jeff from CO, its great that you can hand your problems to your lawyer, but as a landlord with only 3 units, it is pretty silly of me to keep a lawyer on staff. The cost alone would be more than the income grossed from the building.

Geez is there anybody else? I thought this was a national forum full of landlords....

You are no tyrant - don't worry about that label. You get what you give. If you run a tight, no-nonsense business your tenants won't play these kinds of games. They might not like you, but they will respect you. It will never sink to this level.

If you get into pissing matches with them, good luck. The back-and-forth stuff goes nowhere and it makes you look weak. This is the result. Needless angst and stress.

I didn't see the words "my lawyer" or "my attorney" in your posts. Did I miss that?

I think what Jeff is getting at is that you’ve given the tenant multiple chances, none of which they’ve completely followed through on, with no reprocussions. There is no incentive for them to pay you rent on time or what is still owed.

Robert's advice is sound and I hope you follow it.

By the way, none of us has a lawyer on retainer. I suggest finding a good landlord/tenant lawyer who can handle the legal stuff when waters get choppy.

Robert is right about what I was getting at. And to be honest, when I started in this business I did some of the same things. It just doesn't work.

And, no, you will not be able to evict for $15. But be sure to note that in her security deposit balance. Deduct it.

Follow Robert's advice, keep emotion out of it (even though it's hard), use legal documents (and a lawyer when needed) as tools to enforce the terms of your rental business.

I think you guys are making assumptions that aren't there.

First of all, this tenant is 6 months in and has always paid. But in all that time, she's said probably 20 words, all text.

She lives alone, is never home... and even when she is she won't answer the door. Antisocial to say the least.

I'm not one to chat with the tenants every morning- they can go months without speaking if they pay and there's no property damage, fine with me. But I've met my match with this woman lol. She doesn't need any encouragement to ignore my communication. She needs to be told exact things and given exact dates.

So. I need to mail her a notice that the $15 remainder is due, and I need to tell her specifically WHAT will happen if she doesn't pay, and WHEN.

And it needs to be something I can actually do. If I go downtown and file in court for $15 in fees owed, the judge will throw it out if not get irritated by it.

I could state, "The remainder must be paid or you must vacate the premises by end of month."

Threaten an eviction over $15 in late fees unpaid, when the core rent was paid? I don't even know if that is legal in Illinois.

And of course, telling a tenant they are evicted, will mean I can't keep their deposit to cover the expense of vacancy renovating the apartment and finding a new tenant- which is legally permissable for a bolt.

So... what is the consequence in the letter, that states you must pay the remaining balance due on the notice?

"I think you guys are making assumptions that aren't there."

Experienced landlords have given you apt advice based on your posts. You're welcome to ignore it.

If you choose to double down on this $15 obsession, go for it.

"And of course, telling a tenant they are evicted..."

You don't tell a tenant that they are evicted.

You're starting to sound a little, well, weird.

In fact, she just needs to be told she got the consequence at this point.

I already told her twice, two days in a row she needed to get the remainder in by bank close.

She had plenty of time to get to the bank.

To give her another "Okay, now this time you have 24 more hours...." is stretching credibility beyond reason.

She may have me in a Catch-22 and know it. Maybe there is nothing I can practically do about the unpaid late fee, that isn't overkill.

I'd love to find the answer to this question. It will be one for the books, I'm sure!

Jeff from Colorado, no offense but you're starting to sound like a dick.

I'm running a business here and just looking for advice.

And the question I keep asking still hasn't been answered.

If you feel the need to insult people go get on a Facebook political page....

We have answered your questions but you're just too dense.

I do know that to argue with someone like you who has renounced the use of reason is like administering medicine to the dead.

Thank you. Your advice was nothing but insults anyway.

It reminds me of the ladies at Dogsey.com. Tell them of a problem you have with your dog, and sit back and let all the sad angry women pick you apart for days and tell you how you were always unqualified to own a dog lol.

Jeff, you need to sign up there....

Don't take me too seriously.

Anyway the $200 question is: "What is the appropriate and enforceable punishment for an incompletely paid 5 Day Notice, so that it is actually paid?"

If its been answered in the thread above, I stand corrected and my glasses will be checked.

The good news is, once I get the answer I promise I'll never bother anyone again about it.

I got lost here. Does she owe $15 (late fee?) or the entire month's rent?

for the entire month, I file and I talk to them first. I tell them if they can catch up, they can stay but they will owe the court fees. I know the majority of times they can't catch up.

If she owes $15 (late fee?), I'd send a statement via mail (I don't deal with cryptic text messages) showing September's rent amount and the late fee added. I'd have bold letters at the bottom stating there was a courtesy waiver of payment DATE of the prior month's late fee but it must be paid with September's rent.

If not paid then, you send a statement again showing application of the$15 to late prior late fee and then

I sat next to Jeff in Co and he's an ok guy.

You wrote: I need to mail her a notice that the $15 remainder is due, and I need to tell her specifically WHAT will happen if she doesn't pay, and WHEN.

So why dont you just do that. Does your lease say anything about how monies received are applied? If so just keep an invoice rolling and at the end take past due amount out of deposit.

Personally I would not tell her my business plan, my rights or what I may or may not diem I'd just give her amounts and due dates. Her behavior will give you clarity on what's next. Sometimes I just go to lunch and wait patiently. Sometimes I chose to he happy and right later...its your business you already gave her a few chances so don't play black and white now.

Plenty, it must have been my body double who you met! :)

I hate to say it, but if you try to assist this jeffpas guy you'll find yourself in a Chinese fire drill situation.

Robert have him some great advice, but this yoyo keeps turning the wheel.

jeffpas I think the posters here have given you good advice. You're overcomplicating this.