I was recently contacted by a renter who had lined up an apartment for March 5, or so he thought. On March 1, his new landlord contacted him with a sad confession: they had misinterpreted when the outbound tenant was leaving. His new apartment would not be ready until April 1. He wanted to know his options. This is a situation that occurs more often than you’d think in Chicago. It may not be a 27 day gap like this poor fellow encountered, but a whole lot of renters face at least an overnight gap between when they have to be out of one place and when they can get access to the next.
Not every delay is caused by clerical errors, like the one faced by the poor fellow above. You probably want your new apartment to be clean and fresh for you when you move in. Doing so takes a lot of work, and few large-scale landlords have enough staff members to get every apartment turned over in less than 24 hours as it is. If you want your apartment to be in good shape, you really do need to allow enough time for turnover in between tenants.
Some tenants get unreasonably angry about such delays… and then unreasonably angry all over again when their new apartment isn’t spotless. They wouldn’t fault a fancy restaurant for a little delay while the staff turns over the tables. They generally accept a hotel’s check-in and check-out times if it means that the bedsheets get changed. But when it comes to apartments? The minute a landlord is tardy with the keys, tenants are off to rant about it on Yelp.
Regardless of how you react to the situation emotionally, though, there are five basic routes you can take from a practical standpoint to resolve the issue. If you’re facing a similar situation, here they are, roughly sorted from worst to best.
Break the Lease and Find Another Apartment.
So did any of you have this running through your head last week? I know I did.
Yes indeed, I’m a child of the 90’s and we had snow last week here in Chicago. Quite a bit of it. And it prompted one of my regular readers to send in a question:
How about an entry on how you can be fined if you don’t clear snow from your sidewalks, including tenants (and that you can call 311 if people AREN’T clearing)?
So that means we’re talking about shoveling today.
Who owns the sidewalk? (more…)
We’re talking about lawyers and juries and how they affect the eviction numbers today, along with some interesting data that I picked up along the way. This article is deviating a bit from the its predecessors in the series, in that I’m not going to be relying too heavily on the numbers I got from the Cook County Clerk. I’ve had to reach beyond to do some additional research. Instead of footnoting everything like I usually do, I will instead provided a bibliography of sources down at the bottom so you can read all of the reports at your leisure, if that’s your thing.
You can fit a couple of eviction hearings in the time it takes to cook Ramen.
I want you to imagine a scenario with me for a moment. You are a landlord. A tenant moved into your apartment in October. It is now February and you have not seen a rent check since the first month. The tenant has moved in a whole crew of additional occupants, and a pit bull. They have also apparently spent their rent money on a big screen TV, because you can see it on the floor of their apartment, leaning against the wall underneath the big hole that it left when it fell down.
You filed to evict in after the 2nd missed rent payment, in early December, like any good landlord. Due to the wait and the holiday season, your court date was scheduled for early February. You arrive in court. You’re ready to tell your whole story.
Talk fast. You’ve got 90 seconds in front of the judge. You have to split that with the tenant if they decide to mount a defense. Better know your stuff. (more…)
There’s two different types of eviction cases that can be filed by a landlord in Cook County. One is called “Forcible Entry & Detainer,” and the other is called “Joint Action.” In order to explain the difference I’d like to take a moment to talk to you about Buffalo wings. This will make sense in a moment, I promise.
|The Wings. The meat of the matter. What you’re really there for.
||Forcible Detainer & Entry. In other words, the landlord wants to get the tenant out of the apartment. This is the core purpose behind every eviction case.
|Celery. The green stuff. Not a reason to go out for dinner on its own. You can make it at home.
||Also green stuff. The eviction equivalent would be a court-ordered demand that a tenant pay their unpaid rent. Much like celery, this is hardly ever pursued on its own at the court level.
|Buffalo wings. The whole thing. Celery and dressing combine their cooling powers to the chicken to make a culinary miracle.
||In eviction court, a landlord files a joint action case when they want to get the tenant out AND they want the court to enforce payment of back rent.
Got it? Good. (more…)
The Chicago Landlord-Tenant ordinance has been amended many times since its creation in 1986. The most recent changes were in 2004, 2008 and 2010. By and large these changes have been in response to major trends in landlord-tenant behavior. For example, since 2010 landlords have had to tell their tenants the name and address of the bank where a security deposit is held. This was so that tenants could still track down their deposits if the bank foreclosed on their apartment building.
As is often the case with law changes, the general reaction to new CRLTO amendments has involved a lot of hand-wringing and fretting among landlords. Meanwhile, the economic troubles that have plagued our country in the past half a decade would theoretically cause more tenants to miss rent payments and get into situations that might prompt an eviction case. This nasty combination of tighter laws and a weaker economy made me wonder if the rate of eviction filings was getting higher or lower over time.
Evictions by Year: City and Suburbs
How this article started
It is a peculiarity of American evictions that they are held at the county/parish level instead of at the city/municipal level as one might expect. This means that even though Chicago rentals are generally protected by Chicago-specific laws, evictions are handled by the Cook County District courts, of which there are six.
||City of Chicago
|3rd, Rolling Meadows
OK that was mean of me. I gave you a teaser at the end of Monday's article, indicating that there was definitely a bias in the Cook County courts when it came to evictions. I even gave you a pie chart with the numbers intact but the categories redacted.
When I did my small-scale analysis in May 2012, I came to the conclusion that the system was biased when it came to money judgments but basically fair when it came to getting possession of apartments back from deadbeat tenants. Landlords stood to win their cases about 50% of the time, which is exactly what you'd expect to see in an unbiased system. However, once I obtained the large-scale data from 8 years of eviction history and crunched the numbers, a different picture emerged. This picture will allow us to temporarily put to bed the pervasive urban legend that the courts are biased against landlords.
That's right. 222,323 cases were found in favor of the landlord. 131,423 cases were found in favor of the tenant. The division is consistent across all six districts and consistent regardless of if you filed for possession only, or for possession and money. So if you're a landlord, you've got just about a 2 out of 3 chance of winning your case. So there. Ha.
The musical "Rent" was a seminal piece of theatre for me and a lot of my peers when we were in college in the 90's. For many of us, it colored our perspective of landlord-tenant issues for years to come. The actual plot of the musical doesn't really depend on the apartment issues - the characters could have the same conflicts and growth without the framing device of the rent scenario that gives the show its name. However, as a framing device to drive urgency and establish the setting, the choice to focus all of the action around a particular apartment building in New York serves as effective shorthand for establishing a villain and the low-income, counter-culture status of the main players.
Today I want to take a look at the various problems in the landlord-tenant relationship and living situation portrayed in "Rent" from a perspective of the Chicago market. Is there any way that this could come to pass in Chicago? How can it be avoided? What parts of the assorted conflicts do we take for granted as likely to occur in a renting situation, and how can a landlord structure their business to keep it from arising?
Before we get started, though, I want to see how far we've come since you started reading this blog. If you're familiar with the plot of "Rent," see how many potential problems you can identify if those people were renting in Chicago. If you're unfamiliar with the show, I've included a video of the final Broadway cast performing the first 7 minutes, which should give you a good idea of what's happening. Then come on back and we'll go through them together.