how to serve a difficult tenant

Question

Hello everyone,In the past four weeks, I have used two servers to give my tenant a Five Day Notice at the apartment and 3 workplaces without any result. My property manager thought it was abandoned and went to check the place under 48 hours maintenance notice. He found the lock was changed. Young girl (not on the lease) was there and wouldn't open the door...The tenant has relatives living in a building across the street. They might have switched place to live. I don't know for sure.This is my first out of state investment in south side Chicago. I am running out of ideas how to reach the tenant. Will anyone has similar experience share your ideas and thoughts with me? Thank you so much!

Matt Holmer · Answer

If your PM does not know what to do, I'd get a local attorney and then a new PM once the suit is completed.While I am licensed in Illinois, I do not practice in Chicago and am not familiar with the applicable Chicago Landlord Tenant Ordinances so do not take this is legal advise. In my jurisdiction, the 5 day notice does not have to be personally served. Under 735 ILCS 5/9-211the notice may be served 1) in person; 2) above service; 3) by certified mail or, if the property is vacant by positing.Once you file the FED action, since there is a question about who is actually in the property, make sure you name the tenant and any unknown occupants as well. If you still cannot get personal service, you'll need to file a motion with the court to allow alternate service. Good luck!

Brandon Hopkins · Answer

Your PM doesn't know how to start the eviction process? You might need a new PM.

Alexander Felice · Answer

Month late on payments - evictChanged locks - DEFINITE evictInept property manager - Evict tenant and fire PM You'll probably have an easier time having the PM in place evict the tenant. Afterwards you can fire them.

Account Closed · Answer

I just re-read your post. I thought the place was in California, but apparently it is in Chicago. The rules are probably pretty similar there too. Find out if posting a notice on the door will work in Chicago.

Account Closed · Answer

In California, you just need to post the notice on the front door. Then send a copy in the mail (with proof of delivery required). Be sure to take a photo of the notice on the door, with the address or other obvious marker in the photo.If they don't respond, start the eviction process.

Al L. · Answer

Thanks everyone for bouncing your ideas and thoughts.I just learned from my eviction lawyer that the tenant needs to be gone for 32 days and owes 1 month to be considered abandoned property in Chicago. I will also need to serve all her known employment place and contact all her personal contacts before posting a five day. The eviction law is so harsh on landlord here...I'll ask the lawyer again if I can serve by certified mail.

Marcia Maynard · Answer

Check in with an attorney on this one. Chicago folks may be able to weigh in to give you some strategies and resources for your locale. If you can't resolve the issues cooperatively, then you will need to evict all occupants, this includes the tenant and the unauthorized occupants.About tenants changing locks... If you don't already have it noted in your rental agreement, you need to add clarification that the tenants are not allowed to make modifications, including changing locks. Then do regular inspections to ascertain they have not done so. Also, your rental agreement needs to state the tenant is not allowed to deny reasonable access, in accordance with the landlord-tenant laws for your jurisdiction.If it were us, we would not only post/serve the "Notice to Pay or Quit", but also post/serve a legal "Notice to Enter" for maintenance inspection. Our notice says on it, the following: "You are not required to be on the premises to provide access. Whoever comes to enter will first knock and after determining that no one is available to answer, will enter using a passkey. If the lock has been changed without proper notice and you have not given management a duplicate key, a locksmith will be called upon to open the door and rekey the locks. Your account will be charged for these services and you will be provided with a new key."Service of most legal notices does not require only personal service. As others have mentioned, depending on the prevailing law for your jurisdiction you may be able to serve by posting and/or mailing. Good luck!

Nicole A. · Answer

I, too, am questioning if it's accurate that they must be served the papers in person. Usually posting it on the door and/or mailing it is all you need to do.