Can I Evict This Tenet?

Question

I want to start by first mentioning that I'm from the Chicagoland area. And the tenet I'm about to talk about has been a nice quiet tenet for as long as I have known them, so this surprises me. She complained about dust coming into her unit in the past, so my solution was to vacuum it out from the vents, and if she continued to see dust or hair flying around, inform me immediately which they haven't so I assumed all was good. I require rent due on the first of the month, but they haven't paid yet, and I've let them know that when they are able to pay an interest of 5% will be added to their rent.  So I got this text from them today that says:

"Im sorry and good afternoon and good morning to you and your beautiful family. Hope that everyone is doing well. Thank you for asking. Im not. Im sorry, I understand that your son Darren came out to do his part about scathing the vents only with his gadget. Yes, scathe them. And, had someone new too take a loom @ the back of the stove. What is that about¿ It took me 2 hours to clean and more not only the bathrooms, tubs, sinks and all by myself and the same hairy problem still exists. And, the floors, window sills are dooming with dust. Am I hired to work yah jobs. Or is your precious wife available to help us clean. Sorry, to say I am not paying any RENT until someone comes out and does their jobs. Yah, knew about this. Pics were sent etc... Major duct work is needed and yah knew that. Please stop using us as SCAPEGOATS¡"

I'm not sure how to respond to this and I want to be as professional, but this is the first time I'm experiencing a tenet approaching me this way, so would evicting them be the best solution?

Nathan Gesner · Answer

First off, what horrible spelling and grammar!

Second, they are probably using the dust as an excuse because they can't afford rent. Start termination immediately.

if the cleaning were a problem, they are required to notify you and give you the chance to correct before they can witthold rent. This is just a distraction to guilt you into ignoring their delinquency.

P.S. Every tenant is good . . . until they are not. Consider yourself lucky up to this point, get rid of them, and screen better next time.

Jonathan Klemm · Answer

Hey what up's @Darren Love!  I am in alignment with @Mark Ainley suggestions and I would personally pick number 1.  Hire a professional to go do the duct cleaning.

I have a few Chicago guys who do an awesome job, let me know if you want their contact info.

John Warren · Answer

@Darren Love my main concern here is that you don't appear to understand some of the laws involved. Are you in the city proper, or are you in the suburbs? The suburbs caps your late fee at $10 for the first $1000, and 5% after. The city has a slightly different ordinance.

I would respond immediately to investigate the issue. If duct cleaning is needed, then I would do it. I would also issue a 5-day notice for the rent, but explain that you have to do this as part of your process, etc.

I would avoid words like "evict" at all cost when speaking with the tenant. The goal is never to end up there, as it will cost you 6-8 months of unpaid rent and an attorney fee to add insult to injury.

Mark Ainley · Answer

@Darren Love just to confirm you wanted to do the right thing and clean the vents but you didn’t send a professional company?  Sounds like your son did the work and the result was what was pulled out of the vents was disbursed throughout the unit that the tenant is aggravated about cleaning?  Knowing Chicago or Cook County laws  the tenant has to send you a specific type of notice and this note she sent you was only partial of what she has to do to hold back funds but giving you 14 days to correct the issue. At this point from what we know here is you should do the following:

1. Send a licensed certified HVAC duct cleaner out there ASAP to finish the job and if for anything else so you have the receipt showing it was done by a professional to take back that leverage.  2.hire a professional cleaner or offer a $200 credit for tenant to clean herself to offset the mess claimed to be made by your son. 3. be clear with the tenant these two steps and your expectation to have rent in your hand once complete on ______ or the 5 day notice will be in her hand.

Chicago is tenant friendly so the sad thing is Housing Providers need to always be sure to keep the leverage to make sure you don’t fall into these types of traps.

Right or wrong, principles, or feeling treated unfairly about the relationship you thought you had she took advantage where she saw an opportunity and now you have to spend a few bucks to take that back.  Also when you it comes to health anytime don’t shortcut over a few hundred bucks(assuming your son isn’t a licensed HVAC guy).  That goes for all of you that buy the mold testing kits at Home Depot.

Also per @John Warren make sure your late fee in your lease is a flat $10 for the first $500 in rent and then 5% there after.

Theresa Harris · Answer

The message is a bit odd.  I'd go out and inspect the home, perhaps hire a professional cleaner to come in for a few hours and clean everything.  If you have a furnace, check the filters.  Also check doors and windows-are they leaving windows open and letting dust in, do door sweeps on outside doors need to be changed, is dust coming in through the windows (replace weather stripping).

I'd also offer her the one time opportunity to break her lease and move.

Darren Love · Answer

Thank You very much.

Account Closed · Answer

It appears something has changed in your relationship with them (or their finances have changed)  and it doesn't seem there is a reasonable way to make things better. I live in Arizona and dust is everywhere, there is no real way to control dust. I'm sure it isn't your hair she is cleaning up after. They grow and lose hair daily as we all do. The hair must be theirs.I'd send a letter to pay or quit (following local notice and eviction laws) and a separate note that their objecton to dust does not relieve them of paying rent on time. If they would like to move, you can make plans with them accordingly. It sounds like you have done what can be done on the dust.Then see what happens. If they fail to pay, it isn't about dust, it's about something they won't tell you. Then you will have to follow through with the eviction.

Drew Sygit · Answer

@Darren Love totally lost as to why you would even entertain cleaning for them to begin with!

You've actually just given them something else to complain about - not doing an acceptable job - which they are doing.

Is this a standard long-term rental with them providing all their own furnishings?

If so, cleaning is NOT your problem! Check out this article about the sources of dust:

https://www.livescience.com/32...

Darren Love · Answer

Thanks for the advice.

Can I Evict This Tenet?

Most Popular Reply