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All Forum Posts by: Account Closed

Account Closed has started 19 posts and replied 100 times.

Post: Huge issue with tenants

Account ClosedPosted
  • Real Estate Agent
  • Austin
  • Posts 100
  • Votes 28
Originally posted by @Kenneth Garrett:

@Account Closed

I have a few questions just to clarify things. 

Have they been paying rent up to this time?  
Are they still there?  
Do you have a property manager and what have they done so far?
If I receive a complaint it needs to be responded to in a timely manner.  I’m not saying you did not.  A leak can cause mold, but if addressed properly it might be ok. It’s not an automatic because you have a leak you also have mold.  Address the water issue and conduct the repair.  If the leak was ongoing and the tenant did not notify you properly that should be a violation of there lease.  Check your lease.

Evanston has a very strong licensing program for rental property.  The last thing you need is them complaining to the city.

I am familiar with Evanston.  Are they Northwestern students?

I will also elaborate here. The leak was fixed immediately after the notification. We placed the tarp over the roof until the insurance came out and then replaced the roof. I had the first call from them on the 21st of May. The city checks the house every year and it is in compliance with city code.

Post: Huge issue with tenants

Account ClosedPosted
  • Real Estate Agent
  • Austin
  • Posts 100
  • Votes 28
Originally posted by @Kenneth Garrett:

@Account Closed

I have a few questions just to clarify things. 

Have they been paying rent up to this time?  
Are they still there?  
Do you have a property manager and what have they done so far?
If I receive a complaint it needs to be responded to in a timely manner.  I’m not saying you did not.  A leak can cause mold, but if addressed properly it might be ok. It’s not an automatic because you have a leak you also have mold.  Address the water issue and conduct the repair.  If the leak was ongoing and the tenant did not notify you properly that should be a violation of there lease.  Check your lease.

Evanston has a very strong licensing program for rental property.  The last thing you need is them complaining to the city.

I am familiar with Evanston.  Are they Northwestern students?


Hey Kenneth, 

Can I'll pm you.

Post: Huge issue with tenants

Account ClosedPosted
  • Real Estate Agent
  • Austin
  • Posts 100
  • Votes 28
Originally posted by @Patricia Steiner:

There's a lot going on here...first, if you don't hear back from tenants, there's a reason for it.  And, the reason was they weren't staying there. I don't know what clause you have but they do have the right to come and go - and even be gone for periods of time as long as they're paying the rent.  You also have to know the law in that state regarding mold claims and remedies available to tenants:

https://www.nolo.com/legal-encyclopedia/illinois-rules-regarding-mold-rental-properties.html

This has turned into a spitting contest for no good reason. If it were me, I would order the mold test of the areas affected by the leak - not the entire property.  It most likely will come back negative or can be easily treated/removed. That will remove cause for breaking the lease and/or withholding rent.

If they break the lease early, your remedies are defined by that state's laws:

https://www.nolo.com/legal-encyclopedia/tenants-right-break-rental-lease-illinois.html#:~:text=So%20you%20may%20not%20have,mitigate%20damages%E2%80%9D%20in%20legal%20terms.

Bottom line: Know what you need to know about the Tenant/Landlord Laws in that state.  Once I looked it up/read it, it told me that the laws are more tenant friendly and that your remedies are limited if they break the lease.  Gotta know what you gotta know...

 I ordered the test already. It is supposed to turn back soon. They are just saying that they are not willing to continue on the lease renewal they signed already and they want 1 month rent back since they did not occupy the property. 

The lease says that they supposed to tell if they leave for over 10 days on a raw. I emailed them before pandemic started asking to confirm they stay in the house. The did not reply. Also the insurance policy does not cover unoccupied houses. 

Post: Huge issue with tenants

Account ClosedPosted
  • Real Estate Agent
  • Austin
  • Posts 100
  • Votes 28
Originally posted by @Bjorn Ahlblad:

@Account Closed it is only 60k if you are unable to fill the place. Order the report and have a talk with the tenants. You have an obligation to provide safe housing and they have an obligation to the lease. 

 Of course I am obliged. It is more like they dont want to accept me to repair things.

Post: Huge issue with tenants

Account ClosedPosted
  • Real Estate Agent
  • Austin
  • Posts 100
  • Votes 28
Originally posted by @Bjorn Ahlblad:

@Account Closed Are the tenants staying or leaving? Do the test regardless-if it is positive-you are thinking about actually not telling the tenants?? Whether the students stay or go, as a PM or LL you need to know the state of the mold issue. If it were me I would share the information and fix the problem. Mold cleaner usually solves it if you nip it in the bud. Mold generally only becomes serious if it is ignored.

I will absolutely not let people be in the place if there is mold there. The problem is that I have a feeling that they are breaking the lease independently. Say they move out before the test shows up. Should I tell them what is there?

I am ready to remove anything in that place and do all repairs. We are talking about 60k till the end of their lease...

Post: Huge issue with tenants

Account ClosedPosted
  • Real Estate Agent
  • Austin
  • Posts 100
  • Votes 28

Hi All, it is going to be a long post..

I have a house in Evanston (sub Chicago). It is rented to 6 students. I emailed them asking if they stay at the house when pandemic began. They did not respond. I have a clause in contract that they are suppose to notify me, they did not. A roof leak appeared and water damaged the semi basement (the roof was over the stairs that lead to it). The water was found on the floor of one of the bedrooms (3 bedrooms in the semibasement) and common hall.

Now the students asked me multiple times to make mold test. I was told by the company who does that the mold does not develop fast and we need to wait. I removed the leak the next day after the call from the tenants. I just received the letter that they are breaking the lease starting from September. Then they updated it saying that they are stop the payment until they have mold test. I ordered the test, but I am not sure why should I. Shouldn't it be them to order it? Anyhow I feel they will break it. My attorney said that I should just suck it up and list the property, in case the test turns positive. He says they can leave the property if it is unhealthy immediately.

I have multiple questions, the very first one: what a heck should I do? My second thought: should I actually disclose them the report if it is positive? would this play bad in court.

I am ready to repair and renovate whatever their finger touches, but they just want to use this to quite the lease.

Post: You have 6 months to liquidate your assets

Account ClosedPosted
  • Real Estate Agent
  • Austin
  • Posts 100
  • Votes 28
Originally posted by @Tony Blasioli:

I was a building contractor/developer in 2008 when the bottom fell out of the market. We had several million dollars in spec residential construction underway. Not a pretty picture. The current "crisis" has the same look and feel. I have now rebuilt my portfolio as well as I could and am facing foreclosure on a short-term mortgage if I can't find a refi. I am only leveraged at about 25% on the portfolio which I will eventually lose if I can't find a refi. These properties cash flow very well and if and when we lose them, my wife and I will have lost our main source of income and could potentially become homeless. That is just the reality. Can anyone provide a link on the extended forbearance programs? And, by all means, if anyone can refer me to a lender who can help, I will be forever grateful. Thanks.

 Call your bank, wait 2 hours for someone pick up the phone and tell you: "do you need free money", reply:"yes" and you are done. I am totally serious, this is how it works.

Any comments on spec in Austin?

Post: You have 6 months to liquidate your assets

Account ClosedPosted
  • Real Estate Agent
  • Austin
  • Posts 100
  • Votes 28
Originally posted by @Thor Sveinbjoernsson:

I’ve been doing a lot of research lately and I wanted to share with you guys what I have found about the correlation between unemployment, delinquencies and housing prices. During the 2008 housing crisis the housing market bottomed about 2 years after the peak in delinquencies. Note that delinquencies are very much so correlated with unemployment rates (see graph on link below). Unemployment is already about twice the peak in 2008 so it is very likely that delinquencies will follow, which will lead to increased supply of housing.

See data here, gathered by stanford researches: https://web.stanford.edu/~pavelkr/jmp_slides.pdf

Conclusion: You have about 6 months to sell off your assets until the market will be flooded with fire sales and forclosures.

 Please God, hear this man's voice and let the market recover after the drop!  

In reality, the forbearance will likely not make it happen. It is given for 6 months and then 6 months and maybe another 6. But we dont know the future, we can just hope.

Post: How much this could cost

Account ClosedPosted
  • Real Estate Agent
  • Austin
  • Posts 100
  • Votes 28
Originally posted by @Bjorn Ahlblad:

How old is the roof? Might just be the flashing along the wall.

It is definitely the flashing along the wall! I receive quotes 2500, 3000, and 6000. Prime area. I wonder why they are not asking me to gift the house... I am out of state, I could fix it myself btw.

Post: How much this could cost

Account ClosedPosted
  • Real Estate Agent
  • Austin
  • Posts 100
  • Votes 28

I have a small roof that cover the stairway to basement. How much could the replacement cost? If feel the quotes I get are ridiculous. It's about 20 sq ft in total.