Tenant is suing me. Legal advice needed

Paul De Luca

Real Estate Agent · Chicago, IL · Member since 2018 · 1k+ posts · 1k+ votes

4y

@Maciej G.

Definitely hire an attorney to explore your options. Have you reviewed his lease and identified potential violations from his behavior?

Maciej G.

OP

Chicago · Member since 2019 · 10 posts · 17 votes

4y

Thank you @Jonathan Klemm This is in Logan Square / Humboldt Park.
@Paul De Luca one of the violations would be "Quiet Enjoyment"

Paul De Luca

Real Estate Agent · Chicago, IL · Member since 2018 · 1k+ posts · 1k+ votes

4y

Quote from @Maciej G.:

Thank you @Jonathan Klemm This is in Logan Square / Humboldt Park.
@Paul De Luca one of the violations would be "Quiet Enjoyment"

That's what I figured. Can you file a noise complaint?

I would probably try to just make a deal with this guy (cash for keys) to get him out ASAP.

Matt Devincenzo

Investor · Clairemont, CA · Member since 2011 · 3k+ posts · 2k+ votes

4y

Unless you've been served with legal documents your tenant is suing you yet. So get your ducks in a row and get him out as quickly as possible while still following any required timelines etc. I'd agree that getting an atty involved now is likely money well spent to ensure you don't get stuck with him longer than is necessary.

5 Reply

Maciej G.

OP

Chicago · Member since 2019 · 10 posts · 17 votes

4y

Thanks for the responses. I set up an appointment with the lawyer, the consultation will be 175$ for an hour and that will be deducted from cost of legal representation in Court (1000$)

Joe S.Pro Member

Investor · San Antonio · Member since 2020 · 3k+ posts · 3k+ votes

4y

Quote from @Maciej G.:

Thanks for the responses. I set up an appointment with the lawyer, the consultation will be 175$ for an hour and that will be deducted from cost of legal representation in Court (1000$)

Sounds like you got somebody that’s got anger issues plus is used to bullying people.

Bruce WoodruffPro Member

Contractor/Investor/Consultant · San Diego / Phoenix · Member since 2021 · 12k+ posts · 15k+ votes

4y

Tenants love to threaten suing people. They usually do not have the money or the smarts to follow through. Take this guy on and make him pay. Counter sue if he sues you, that will wake him up.

You will win and be fine, just stick to the path....

8 Reply

John Warren

Real Estate Broker · 3412 S. Harlem Avenue Riverside, IL 60546 · Member since 2015 · 6k+ posts · 5k+ votes

4y

@Maciej G. did you issue this guy a notice to vacate? Hopefully you did. Definitely I would be careful posting things on a site like this, and I would connect with a good attorney. I would imagine you already have, but if you need someone let me know.

Maciej G.

OP

Chicago · Member since 2019 · 10 posts · 17 votes

4y

You are right @John Warren. I spoke with the attorney and we came up with a plan. Thanks to everyone for participating

John Warren

Real Estate Broker · 3412 S. Harlem Avenue Riverside, IL 60546 · Member since 2015 · 6k+ posts · 5k+ votes

4y

@Maciej G. this is a great war story though. Please update us once this is all past!

Dan H.Pro Member

Investor · Poway, CA · Member since 2015 · 7k+ posts · 8k+ votes

4y

Quote from @Bruce Woodruff:

Tenants love to threaten suing people. They usually do not have the money or the smarts to follow through. Take this guy on and make him pay. Counter sue if he sues you, that will wake him up.

You will win and be fine, just stick to the path....

I agree with Bruce. If I consulted a lawyer every time I have been threatened with a lawsuit they would have to provide me assigned parking.

There is a lawyer that used to threaten to sue me regularly. He had not done one bit of research about me. He thought being a lawyer and threatening a lawsuit would have me concede to his wishes and that I would believe the BS that he was stating (he is a bully). Ha! He could not have been more wrong. I kept telling him I was waiting to be sued. Nothing. I started calling him 2-bit (short for 2-bit lawyer which is more than he is worth). He cursed at me (made my wife laugh). I suspect he had not looked into me. No he seems to know that he does not want to sue me for a bogus lawsuit and it just entertains me. He no longer bothers me and goes out of his way to avoid me which I enjoy. It is especially fun to head in his direction and watch him high tail away.

I have never been sued for RE. It is not clear to me that you have even been threatened to be sued.

I do not know the rules where your property is located, but terminate his tenancy at the earliest legal opportunity. I would not pay for an attorney consultation until you get served for a suit. I suspect the odds you get sued will be less than 5%.

Good luck

Corby GoadeBusiness Member

Investor · Boise, ID · Member since 2014 · 3k+ posts · 3k+ votes

4y

I know you don't want to hear "hire a property manager" or "hire an attorney," but even very experienced pros would do that in this situation, there's no shame in asking for help and you will absolutely still learn.

A couple retroactive observations: The biggest lesson here is to tighten up your screening process and never compromise it. Vacancy is always much cheaper and less stressful than a bad tenant. I've owned a PM company for 20 years and literally the only times we've had legal issues with tenants are the times that we have made exceptions to our screening criteria.

Second- (forgive me if I missed a detail here) You filmed your tenant messing with the breakers without his knowledge? The concept of you filming tenants is probably not going to win you any love in a courtroom.

Sounds like you are getting some legal advice from an attorney, that's a great start, glad to hear that. Sincerely wishing you the best of luck, make sure you cash in on these tough lessons and chalk it up to education!

Jonathan KlemmBusiness Member

Moderator

Contractor · Chicago, IL · Member since 2016 · 4k+ posts · 2k+ votes

4y

@Maciej G. - That's wild, Logan square area (not whatI was expecting) right near me. That just proves that there are professional tenants in all parts of Chicago and everywhere for that matter. Definitely prompts me to keep our screening standards high. Good luck!

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Bruce WoodruffPro Member

Contractor/Investor/Consultant · San Diego / Phoenix · Member since 2021 · 12k+ posts · 15k+ votes

4y

@Dan H. is right. If I had a dime for every owner that threatened to sue me because we were over schedule or budget (their fault), I would be a rich man. Sometimes it was a daily occurrence.

Best thing, as Dan said, is to just call their bluff. It got to the point where I was saying daily - "go ahead and sue me, I don't give a F"

Funny how many backed down, even the wealthy with attorneys on call. They know they don't have a case, they're just trying to be bullies. Don't play along.......

Rodolfo Yanez

Member since 2020 · 1 post · 1 vote

4y

Quote from @Bruce Woodruff:

@Dan H. is right. If I had a dime for every owner that threatened to sue me because we were over schedule or budget (their fault), I would be a rich man. Sometimes it was a daily occurrence.

Best thing, as Dan said, is to just call their bluff. It got to the point where I was saying daily - "go ahead and sue me, I don't give a F"

Funny how many backed down, even the wealthy with attorneys on call. They know they don't have a case, they're just trying to be bullies. Don't play along.......

"Go ahead and sue me, I don't give a F" - I love it!

Joshua R.

Investor · Chicago, IL · Member since 2015 · 87 posts · 42 votes

4y

@Jonathan Klemm I am looking for a Chicago eviction attorney. Do you have any recommendations there?

Jonathan KlemmBusiness Member

Moderator

Contractor · Chicago, IL · Member since 2016 · 4k+ posts · 2k+ votes

4y

@Joshua R. - We have a couple of good Chicago attorneys......happy to refer. Shoot me a PM and I can provide their contact information.

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Joshua R.

Investor · Chicago, IL · Member since 2015 · 87 posts · 42 votes

4y

@Jonathan Klemm Thank you very much will do!

Malcomb StapelPro Member

Investor · Topeka, KS · Member since 2020 · 669 posts · 488 votes

4y

@Maciej G. here's something nobody else is mentioning that may help you out. You should be very cautious with this individual. Think about it, he spent the time, money, and effort to go to law school, then got his license revoked (probably not for being a boyscout). He has threatened a tenant with a firearm. He lives in an attic. He is extremely petty (deliberate noise violation). This sounds like the kind of guy who one day decides he has nothing to lose, invites you over to "talk" then shoots you in your own property.

Bruce WoodruffPro Member

Contractor/Investor/Consultant · San Diego / Phoenix · Member since 2021 · 12k+ posts · 15k+ votes

4y

Quote from @Malcomb Stapel:

@Maciej G. here's something nobody else is mentioning that may help you out. You should be very cautious with this individual. Think about it, he spent the time, money, and effort to go to law school, then got his license revoked (probably not for being a boyscout). He has threatened a tenant with a firearm. He lives in an attic. He is extremely petty (deliberate noise violation). This sounds like the kind of guy who one day decides he has nothing to lose, invites you over to "talk" then shoots you in your own property.

Not a bad thought.....Although if the OP is going to do face-to-face meetings with this nut, hopefully he has a CCW.

Crystal SmithPro Member

Moderator

Real Estate Broker · Chicago, IL · Member since 2014 · 2k+ posts · 1k+ votes

4y

Quote from @Maciej G.:

Hey guys

I would like to ask for a legal advice.

Year ago I screened a tenant and except for a bankruptcy and finding out he used to a lawyer whom license got suspended I decided to give it a shot. I own 6 unit building in Chicago with non conforming attic unit (which I rented to mentioned tenant). When the summer last year came and attic started to get hot it was the first time he threatened to sue me, I panicked and immediately hired a company to insulate the attic, and waived his rent for that month. That kept him happy for a while, next issue was when his power started going out due to not enough power supply to the unit, I called electricians but he did not let them in saying he was busy. Almost a year later 3 weeks before his lease expiration he begged me to extend for additional 2 months which I gently rejected because I already have tenant in place plus I don't want to deal with this person ever again, and thats when everything started... He bought big speakers and decided to play the music up until 4 am . My other tenants used to tolerate this but quickly got fed up due to lack of sleep. They started flipping his breakers, in return he started flipping breakers to all units. At some point he met with my other tenant who lives in the apartment directly under and threatened him with a gun. We called the police and got the report, my tenant was shocked had to take sick days off work due to insomnia caused by stress and loud music. I never touched his breakers but at one point I caught him drunk messing with breakers and I filmed it. When I told him about this evidence he sent me somewhat informal email saying that he demands compensation for his electronic equipment that was damaged due to the power outage, and legality of the unit in which he stayed. This looks like a step before taking me to court. He still plays loud music at night and my tenants cant sleep because of it.
I would like to thank to everyone who made it this far, I know I have lots to learn about managing the property and please don't say things like "hire a manager" because those are the things I already know but I still want to learn as I am a firm believer that "Still sea never made a good sailor" I would like to ask you for either your advice on how to solve this or contact to some legal advisor that could help me in this case,

Review the language in your lease. If there's anything in it regarding noise at night, disturbing the pease...... then start the eviction process for failure to comply with the lease.

312-681-7487

Henry Lazerow

Real Estate Agent · Chicago, IL · Member since 2017 · 2k+ posts · 2k+ votes

4y

Cash for keys just get him out and have him sign something not to sue you. Be more careful with qualifying tenants in future. On north side you can be very strict and ask for referances while still having almost no vacancy. Best to avoid the problem tenants.

Matt M.

Specialist · Easton, PA · Member since 2018 · 1k+ posts · 2k+ votes

4y

When I started my contracting business 18 years ago, my ex father in law gave me one key piece of advice. Never ever work for lawyers. Well, I haven’t. And 3 years ago I had a lawyer/wife/baby wanting to rent one of my properties. Luckily his credit was shot so it was an easy and legal “no thanks”. Pet of my process is googling prospective tenants, he actually sued his law school. Stay away from lawyers..

good luck!

Bruce WoodruffPro Member

Contractor/Investor/Consultant · San Diego / Phoenix · Member since 2021 · 12k+ posts · 15k+ votes

4y

Quote from @Matt M.:

When I started my contracting business 18 years ago, my ex father in law gave me one key piece of advice. Never ever work for lawyers. Well, I haven’t. And 3 years ago I had a lawyer/wife/baby wanting to rent one of my properties. Luckily his credit was shot so it was an easy and legal “no thanks”. Pet of my process is googling prospective tenants, he actually sued his law school. Stay away from lawyers..

good luck!

@Matt M. is right. Don't work for lawyers, don't rent to lawyers, don't even drink beer with lawyers. Their brains just work differently....they can't help themselves....