Skip to content
×
PRO
Pro Members Get Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
$0
TODAY
$69.00/month when billed monthly.
$32.50/month when billed annually.
7 day free trial. Cancel anytime
Already a Pro Member? Sign in here
Pick markets, find deals, analyze and manage properties. Try BiggerPockets PRO.
x
All Forum Categories
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

All Forum Posts by: Gillian C.

Gillian C. has started 13 posts and replied 27 times.

Hi all,

Looking to hire a financial advisor who is experienced in real estate and can confidently advise across asset classes. Have done lots of research on this and have had very little luck. Had a promising call with a woman whose whole schtick was to help guide multifam investors with both individual property analysis and overall portfolio management/diversification, but she ghosted us after our intro call. We have 14 doors and looking to scale up to 50 in the next few years. Chicago area but don't care at all about location of advisor. Want both guidance on allocation on our non-re invested funds and a 3rd party look at our current investments from someone who is likely an RE investor themselves. Would love referrals if you have used an advisor like this and recommend.

Originally posted by @Sarita Scherpereel:

@Henry Lazerow You're correct the RLTO has dwelling unit listed on page one. For Henry, who lives in his four unit property in Roger's Park, he is not affected. Gillian, I'm not clear on this thread if you are house hacking (sorry if I missed that). For any house hackers that read this please see the following-

https://www.lplegal.com/conten...

"Ordinance's increased notice requirements do not apply to owner-occupied buildings containing six or fewer units" 

I don't know if this link will show up.file:///Users/saritascherpereel/Downloads/O2020-3501.pdf 
If not, y'all can find the 7 page RLTO at the Chicago.gov website.

Dwelling units by definition- 5-12-020 Exclusions

Rental of the following dwelling units shall not be governed by this chapter, unless the rental agreement thereof is created to avoid the application of this chapter:

(a)Dwelling units in owner-occupied building containing six units or less; provided, however, that the provisions of section 5-12-160 shall apply to every rented dwelling unit in such buildings within the City of Chicago.

(b) Dwelling units in hotels, motels, inns, tourist houses, rooming houses and boardinghouses, but only until such time as the dwelling unit has been occupied by a tenant for 32 or more continuous days and tenant pays a monthly rent, exclusive of any period of wrongful occupancy contrary to agreement with an owner. Notwithstanding the above, the prohibition against interruption of tenant occupancy set forth in Section 5-12-160 shall apply to every rented dwelling unit in such buildings within the City of Chicago. No landlord shall bring an action to recover possession of such unit, or avoid renting monthly in order to avoid the application of this chapter. Any willful attempt to avoid application of this chapter by an owner may be punishable by criminal or civil action.

(c)Housing accommodations in any hospital, convent, monastery, extended care facility, asylum or not-for-profit home for the aged, temporary overnight shelter, transitional shelter, or in a dormitory owned and operated by an elementary school, high school or institution of higher learning.

(d)A dwelling unit that is occupied by a purchaser pursuant to a real estate purchase contract prior to e transfer of title to such property to such purchaser, or by a seller of property pursuant to a real estate purchase contract subsequent to the transfer of title from such seller.

(e)A dwelling unit occupied by an employee of a landlord whose right to occupancy is conditional upon employment in or about the premises; and

(f) A dwelling unit in a cooperative occupied by a holder of a proprietary lease.

It clearly states in many articles that owner occupying a property with 6 units or less are not under these restrictions. However, always talk to an attorney about your specific scenario. 

Sarita, thanks for clarifying re: living in the multi-unit, that's good to know.

Originally posted by @Henry Lazerow:

If a lease expired you just need to give them 1 month notice to move out. Month to month are very common in chicago and the norm when my clients buy a mom and pop owned as-is type building. I always recommend being nice and giving 2 months or asking what a good time line is for the tenants. We have never had issues with this strategy but I work in the nicer neighborhoods (north side). When I bought my 4 unit I kept 3 tenants on month to month as we led up to the rehab start date. 

Note: There may be special rules with Covid. Check with a local attorney for those details. 

Henry - check out the link for the updated rules so you don't get stung on this. Lots more notice required after ordinance passed this year, especially for long term tenants (if tenant has been there over 3 years, you need to provide 120 days notice for them to leave or to increase rent).

Thanks all. The link from @Jason Dalka was exactly what I was looking for on the landlord side, thank you. 

I am still assuming that the tenant can leave whenever they want without penalty because there is no signed contract in place... I just read through the Landlord Tenant Ordinance and found nothing to suggest there was any recourse for the landlord in this scenario.  If anyone has any other thoughts on that, I'd love to hear them.

Hi Chicago folks. Could you shed light on the following scenario:

- Tenant on a year-long lease that ended August.

- Tenant continued to pay rent September and November. 

- No new lease was signed.

Two questions (one for a friend who is a tenant in this situation, and one for me as landlord next time I'm in this situation):

1) How much notice if any does the tenant have to give the landlord notice of move-out? If there is a minimum notice, what are repercussions for moving out without this notice?

2) How long does a landlord have to give a tenant on an expired lease that has become MTM notice that they must move out? I thought this was 60 days but was recently told it increased to 90? If the tenant is on a signed MTM lease, is this notice period the same or different?

Thanks all!

Post: How do I take a property out of an LLC?

Gillian C.Posted
  • Chicago
  • Posts 27
  • Votes 13

Hi everyone:

We have a property that we put in an LLC when we purchased in 2018. In 2020 we refinanced the property as a non-LLC, "taking it out of the LLC" because we didn't want to try and get a commercial loan. I'm now trying to figure out how we actually officially do this - most specifically what steps we have to take so that the government doesn't flag us for filing taxes for an LLC in 2019 and then no LLC filling in 2020. Thank you!

Gillian

Hi Chicago folks. we have a 3-flat and we are looking at gutting the building to make the apartments individually metered for water and gas. Because our water bill is water, sewer, and trash, I'm wondering how this bill will split if we meter the water separately. Will Chicago now send us a bill for sewer and trash, or will they prorate trash to the tenants as well? Sewer is charged at 100% of water so I'm guessing/hoping that at least sewer will be pushed to individual units as well per their water usage, but wanted to confirm. Trying to figure out the total savings as we evaluate the ROI of this project. All thoughts welcome.

Post: Laundry liability help?

Gillian C.Posted
  • Chicago
  • Posts 27
  • Votes 13

Hi all,

We purchased a property where the purchase documents indicated we were purchasing the washer and dryer with the building. After taking ownership, we come to find out that the long-term tenants (who are generally lovely and take great care of property - low shovel etc) are actually the owners of the washer and dryer, though it is in common space.

In the next year, we plan to put HVAC in the building with in-laundry units. However we don’t currently have a plan for that project and we want to offer all 3 tenants the use of the laundry room until then.

Note that the leases do NOT indicate that the tenants have access to laundry, however we want to give our tenants all access to the washer and dryer, particularly because one tenant is very pregnant and it seems like having a newborn without laundry access would suck.

We have told the elderly tenants that we want to purchase the W/D from them to make them public use machines. They are in a common area with the only current laundry hookup in the building. They came back and the woman showed us a rash on her leg, saying we could have the dryer but not the washer because of this rash. Not sure the logic here, if she’s concerned about her rash spreading or what - bottom line we need to make the W/D public.

We’d like to do the following but wondering if anyone has any legal or other feedback on this plan:

Write a second letter that says they have a choice, either sell us the washer dryer or they will be disconnected and we will install new ones in their place.

My question is primarily about our rights in touching/moving/disconnecting a W/D that does not belong to us.

Thanks for your help!

Post: Lead paint in Chicago property

Gillian C.Posted
  • Chicago
  • Posts 27
  • Votes 13
Originally posted by @Nick Patterson:

HI

Curious, what did the disclosures disclose?

Disclosures disclose the full violation, which lists every part of the property where lead was found. Seller also disclosed their remediation documents, but they don't have "start dates" or "end dates"  indicated, and they were not filed with the county (seller was supposed to file the remediation proof by June 2017). We could not find any outstanding fines that had been levied by Cook county related to this, but are concerned that in the future we'll get dinged for it. We are confident that the seller did most / all of the interior remediation as they did full kitchen and bath renovations and the walls throughout are clearly painted within the last few years, but not so sure on the outside of the house.

Post: Lead paint in Chicago property

Gillian C.Posted
  • Chicago
  • Posts 27
  • Votes 13

Hi Chicago investors (and anyone with lead paint experience / knowledge)

We are in negotiations to purchase an older property that has a laundry list of lead paint disclosures (and also a list of remediations that the owners took). I am currently rushing to research as much as I can about this online, but figured I would pop this up on the forum in case anyone has any useful thoughts about what we should be looking for / what this means for future renovations etc. Thank you!!

Gillian