Five Common Landlord Pitfalls
One: Waiting Too Long
Many landlords wait too long to get the eviction process started. They wait until the tenant is 2, 3 or even several more months behind in rent before even giving the tenant a 5 day notice. The problem is even the quickest moving case can see a tenant have a good 2-3 months from the date of notice to the sheriff arriving to put a tenant out of the unit. Not to mention if things get contested, it can take much, much longer. As a result, it is important to get those non-payment notices out as soon as possible in order to get the ball rolling. Even if you want to give the tenant a chance to catch up, there’s still plenty of time to work something out between the notice date and a final eviction.
Two: Security Deposit Liability
In Chicago, security deposits have unfortunately become a huge thorn in the side of several landlords. The harsh penalties provided for under the Chicago Ordinance make some landlords question if there is any point in even taking a deposit. We still believe there can be a value in having the deposit out there for the good tenant who will take care of the unit in hopes of getting that money back, but if you do take them, its important to consult with an attorney so that you can be sure you aren’t violating the law and opening yourself up to liability such as not disclosing which bank you’re holding it at.
Three: Failure to Make Attachments to Your Lease Agreement
The law also requires that you attach certain documents to your lease agreements. Unlike the security deposit, you can’t find any way to opt out of these requirements. Even if you are working on an entirely oral lease agreement, certain documentation must still be provided to the tenant by law. It’s important to speak with an attorney to ensure you are providing the necessary documentation to the tenant from the get go, and staying up to date on any new or updated documents that you may need to get to your tenants.
Four: The Hidden Tenant
Many landlords forget to name any and all unknown occupants in their eviction cases. While you may be confident that you know who lives in the unit, you can never be sure that your tenant doesn’t decide to move someone in to the place at any point in time. If you do not name unknown occupants in your eviction case, and the sheriff comes to enforce the eviction, the sheriff will lack the authority to remove that person from the property. This is true even if the person is over just as a guest and happens to be there when the sheriff comes out. So remember to always, ALWAYS, take out an additional defendant for unknown occupants, or else you could be caught in a situation where you have to do back to back eviction cases on the same unit.
Five: Asking for Use and Occupancy!
Another common mistake of landlords in filing eviction cases, is the fact that they do not remember to ask for use and occupancy due through trial. Techinically speaking, once the notice period has run, your lease agreement with the tenant is terminated. While this does not relieve them from owing you money for use of the premises, you have to tell the court you want that awarded to you in your Complaint. Otherwise, you may run into a situation where you walk away with a judgement for 1 month of rent, after dealing with getting the tenant out for 3 months. Again you can still seek that money even if you forget to do this, but it would involve an entirely separate case including a new filing fee, service fees, etc. Don’t put that stress on yourself and just remember to take care of everything in one case.
