Questions about possible eviction

[Nate Pucel]

So long story short we have a traveling nurse staying at our rental that got some water damage when the roof was being replaced, they don't have renter's insurance (which we require in the renter's agreement they sign), water damage has been remedied and is cosmetically minimally affected and still very much in a liveable state.

They've only paid 800 of 2300 rent for October. We've been in communication about getting everything repaired until they found out the contractor said it would take approximately 4 to 6 weeks to fix the spots of drywall that have been removed and to repaint, etc, and now their responses to my texts are less and less. They've mentioned they have asthma and allergies and that's why they're upset about have to live in a place that's being repaired, so I've offered to both hold off on the repairs and reduce rent to make up for the condition of the property, I've offered to have a contractor just rough in the drywall so that the studs aren't visible and to encapsulate everything, even though everything in the cavity was removed during the remediation, but they now aren't responding to my texts whatsoever.

It's very frustrating bc the situation isn't anything I caused. The roof had to be repaired bc a tree fell on it during a storm and the roofing contractor's tarp blew off during another storm and that's how water got in, which the tenant has acknowledged. I've done everything I can think of to help them, but they're no longer willing to cooperate, seemingly. I feel like I'm at the point of have to give a 5 day notice (Illinois), but I'm also wanting to notify their nursing placement agency as they're not paying rent, and they've been late on rent 2 other months now. Am I allowed to contact their agency to notify them of this, or serve the 5 day notice to them at work in order to try and get them to pay? I'm new to being a landlord, and it's a little disheartening as this is my first tenant and I thought I was minimizing the risk of a bad tenant by renting to traveling professionals.

[Nicholas L.]

@Nate Pucel

hire an attorney

good luck

[Theresa Harris]

If it is smaller holes in the drywall, they can be temporarily covered with plastic and tape.  It sounds like it is more extensive.  Tell them they can break the lease (sounds like it is medium term lease) without penalty.  But it is either pay the rent or leave.  You have insurance that should cover the lost rent until the repairs are done.  4-6 weeks is quite a while, I'd see if you can get another contractor in there.

If they've been late two other months prior to this, it is a bigger problem and I'd just get them out.

As for contacting the agency, who is paying the rent?  If they are paying part of it or all of it, go ahead.  If they simply contacted you and have nothing to do with it, then I wouldn't contact them.  In the future if they do, let them know about the non-payment of this tenant and that you are reluctant to take another as a result.

Serve notice at the home-leave the work out of it.

[Pat Aboukhaled]

Hi @Nate Pucel

First off, I'm sorry to hear about the tough situation your facing with your tenant. Navigating these kinds of challenges can be especially tought when you're just starting out as a landlord.

From what you've described, it seems you've gone above and beyond to accommodate your tenant's needs. Offering to reduce rent, delay repairs, and even rough in the drywall shows a lot of flexibility on your part.

In situations like this, communication is key. Since your tenant isn't responding, it might be time to consider more formal steps. While I'm not a legal expert, in Illinois, landlords typically have the right to serve a 5-day notice for unpaid rent.

I had a friend who faced a similar situation with a tenant who was a traveling professional. They found that involving a mediator helped open lines of communication and resolve the issue amicably.

Remember, every challenge is an opportunity to learn and grow in your real estate journey. Keep your head up!

Cheers,

Jasper, the Pat Boukhaled investor team,
Turning investment visions into reality in Phoenix, AZ - ranked #1 for residential real estate growth and opportunity by PwC.

Mobile: (480) 531-837

[Nate Pucel]

@Pat Aboukhaled

Thanks so much for the kind words. It's definitely a frustrating situation, so your words are reassuring to read. When you said your friend had a mediator get involved and that helped the situation get resolved, are you saying they hired an attorney to draft up a 5 day notice?

[Henry T.]

I dont know the extant of damage here. Personally I would not have lowered the rent. I would not have delayed construction. All fixes would be done quickly.  Its an unfortunate situation, an act of nature. You both take your lumps. She suffers some inconvenience. You suffer large unexpected expenses. Nobody's fault.  You may somehow inform the uninitiated, (not necessarily in writing), that If you have to evict her, her future rental prospects are toast. The rent must be paid or leave. Then send official notice. Be careful texting.

[Nathan Gesner]

Quote from @Nate Pucel:

This is a tough lesson to learn. You didn't owe them a rent reduction. The damage was not your fault and you have taken the appropriate steps to make the home safe and functional again. There was no justification for a rent reduction. The fact is, the tenant is trying to take advantage of the situation and get something out of you.

Based on what you've shared, I would give them notice of termination and remove them from the property.