Eviction-one of the taboos of real estate-isn`t a favorite topic on anyone`s list. Landlord and tenants shudder equally at the thought, hoping never to encounter the situation. Still, countless rental relationships are drawn into the messy affair.
More than 50,000 eviction cases are filed in Chicago each year. The Illinois Tenants Union, a private, nonprofit advocacy group for tenants`
rights, estimates that Chicago has 660,000 rental units. Based on these figures, a quick calculation indicates that almost one out of 10 city tenants becomes involved in the eviction process. In Chicago`s first district, four of the presiding judges hear nothing but eviction cases.
The reasons for eviction are essentially twofold: Either the lease has ended and the renter has not vacated the apartment, or, more likely, the tenant has failed to comply with a provision of the lease, such as not paying rent, damaging the apartment, disturbing his neighbors or violating the lease in some other way. It can result from something as simple as keeping a pet in a no-pet building.
However, according to state law and various ordinances, a landlord cannot legally evict a tenant by locking him out or interfering with his use of the apartment. This includes changing or removing locks, disrupting utility service, removing personal property or making the apartment inaccessible or uninhabitable.
The only thing a landlord can do is file a lawsuit to evict the tenant. If he wins, the sheriff`s police are the only ones who can physically evict a renter.
Fighting a lockout
There are various ways for a tenant to battle a lockout, depending on the community in which he lives. In Chicago, a tenant should call the police. Lockouts are considered a crime in Chicago, and landlords can be fined and arrested for illegally locking out a tenant.
While eviction and high drama seem to go hand in hand, Chicago attorney Sanford Kahn, who files about 800 suits monthly, contends that tenants seldom are removed from their dwellings and cast out on the street. Kahn approximates that only 10 percent of the evictions filed in the Chicago area ever order the sheriff to evict tenants and roughly 5 percent actually ”hit the pavement.” Kahn notes that the ”vast majority of evictions are cut and dried. Ninety-five percent of all cases occur because rent is owed. Of that 95 percent, 90 percent of the tenants will agree they owe, but need time to pay.” As Kahn sees it, it`s the remaining percentage of situations ”that aren`t so easy and no one knows who`s right.”
He says that ”most people aren`t necessarily trying to escape payment of the landlord.” Tenants most often default on rent because of a job loss, health problems, rent increases or some similar problem.
Tim Carpenter, executive director of the Metropolitan Tenants Organization, a citywide housing coalition, says, ”The most common calls we receive from tenants are concerning eviction. When a tenant appears before the judge in eviction proceedings, if he didn`t pay for whatever reason, the judge isn`t interested why.”
Carpenter suggests that tenants try to negotiate with their landlords.
”If it`s a temporary problem, try to reach an agreement, set up a payment plan.” But he warns, ”the key thing is to get it in writing, having both parties sign. At no time after a tenant has been subpoenaed to appear in court should he trust an oral agreement. If nothing else, the tenant can show the written agreement to the judge.”
Carpenter contends that if renters follow the law, they can`t be evicted. ”I can`t stress enough the importance of keeping a paper trail. Anytime it boils down to your word against the landlord`s, it becomes difficult for a third party (the judge) to decide. Even if the situation seems hopeless, eviction may be prevented if the landlord didn`t follow the procedures right.”
So what are the procedures for eviction? The answer depends on the area the apartment is in. In Chicago, the Chicago Residential Landlord and Tenant Ordinance rules apply. For example, if a tenant does not pay his rent, the landlord must serve him with a written five-day notice indicating how much rent is owed and the specific time it is due. The landlord must give at least five days from the date the notice is served for payment. If the tenant pays the entire rent within that period, the landlord must accept the money. If the renter fails to pay, the landlord may sue for eviction.
When the renter believes he owes less than the landlord is asking, he should pay the full amount he thinks he owes. A renter should always have a witness present to watch him pay or attempt to pay a landlord. If possible, he should pay with a money order or a check so he has proof of payment. If the landlord refuses to accept the money, a renter should save the evidence of attempted payment and submit it in court.
Delivery of the five-day notice must also follow procedure. The notice may be given to the tenant or to someone living in the household who is older than 13. Additionally, the notice may be sent by certified or registered mail or may be posted on the apartment door if the tenant no longer lives there. However, if a five-day notice was given to a child under 13 years old or was slid under the apartment door, it isn`t valid, and a tenant should inform the judge when he appears in court.
If a tenant violates the lease in some manner, such as by damaging the apartment or allowing a pet to live in the unit when the lease doesn`t permit it, the landlord may serve his renter with a 10-day notice. The notice must state in writing how the tenant has violated the lease, giving him 10 days to fix the problem. If the problem is not resolved, the landlord has the right to sue for eviction.
He`ll see you in court
After the landlord files suit, the renter must receive a summons to appear in court. The date of the trial should be 14 to 40 days from the date on the summons. A summons cannot be delivered fewer than seven days before the trial. If not enough notice was given, the tenant should advise the judge accordingly.
Once the landlord and tenant arrive in court, the burden of proof for eviction rests with the landlord. He must have evidence that he has a right to possession of the apartment, that he has properly ended the lease by serving written notice and that he has followed procedure in filing suit. He also must prove either that the lease was violated, that rent is past due or that a tenant has remained in the apartment after the lease has ended.
In Evanston, where the city has adopted its own ordinance, slightly different procedures apply. Oral or written leases require that a 10-day notice be served for nonpayment of rent and a 30-day notice be given for other violations. Two other suburbs with high tenant populations, Oak Park and Schaumburg, follow the procedures defined by Cook County law. To find out specifically what law governs their particular community, renters should seek counsel from their local municipality as well as a lawyer.
Staying put
By following strict procedure, eviction often can be avoided. John, a Lincoln Park renter, thwarted eviction by carefully documenting his dealings with the management. Having no written lease, John had to deal with an appointed assessor when his landlord died. ”When the heat didn`t turn on, I withheld my November and December rent, sending a notice advising the assessor of the problem,” he says. John`s heat was turned on, but he also received a five-day eviction notice.
After paying the rent within five days, John was surprised to receive a summons the following month. ”An attorney representing the assessor was startled to see me in court,” recalls John. ”Before approaching the bench, he asked if he could have a word with me in the hallway.” The attorney asked John about the nonpayment of his rent, at which point John told him that he had, indeed, paid his rent and had the paperwork to prove it. ”When we returned to the courtroom, the attorney whispered something to the judge. Then the case was dismissed,” says John.
Another option is to try to strike a compromise with your landlord, although their leniency will vary. Jeri Close, part-owner of the 240-unit Hermitage apartment building in River North, points out ”that if someone loses his job or can no longer afford the rent, we try to work with him. If a renter comes downstairs and tells us about it, we`ll try to rerent the apartment.”
However, if a tenant tries to skip out, Close will not be so charitable.
”We`ll chase after the tenant no matter what it takes,” she says.
Smaller landlords can be at a disadvantage, because eviction proceedings can be time-consuming and costly. One couple who recently evicted a man and woman from their Ravenswood apartment estimate that it cost them more than $5,000 when they added up loss of rent and damages to their unit. They contend it took nearly five months to remove their nonpaying tenants. As a result, the couple, who tried to give their renters every opportunity to remedy the situation, won`t be so compassionate next time.
Even though it may sound as if renters have the luxury of time on their side, Carpenter of the Metropolitan Tenants Organization says it isn`t so. The eviction process, once enacted, moves fairly quickly. ”Seek help early,” he cautions. ”Once a court date is set, it may be too late.”
