G&T Posted December 20, 2013 Share Posted December 20, 2013 QUOTE (pettie4sox @ Dec 19, 2013 -> 09:03 PM) Take it out of his security deposit? I am really trying to avoid paying money out of my pocket because of his mistake. That just doesn't seem right. What seems right to me is calling the salvation army. Hmm. There are laws in most states about how security deposits can be used. Of course, what's he going to do about it. I'd get his approval to use his security deposit to store his stuff in a locker. Get that in writing along with a statement that after the security runs out, he is liable for payments. Then let the glitch be fixed when he can't pay. Quote Link to comment Share on other sites More sharing options...
NorthSideSox72 Posted December 20, 2013 Share Posted December 20, 2013 Are you in the City of Chicago? Might have missed that earlier. If you are, be very careful. There are some labrynthine and burdensome laws regarding the tenant/landlord relationship, especially about security deposits. I had to sit down with a calculator, a few pages of legaleze, and take like an hour or two just to figure out what to pay back the people who were renting my old condo from me. Quote Link to comment Share on other sites More sharing options...
pettie4sox Posted December 23, 2013 Author Share Posted December 23, 2013 (edited) I am going to use his security deposit to pay for a storage unit and when that runs out, tough luck. Next time he calls, I'm going to get him to agree to that, (since the phone call will be recorded). I'll run it by his public defender too? At this point, if the law protects a criminal like him from a law abiding citizen such as myself, I am living in the wrong country. EDIT: Seriously though, he's not going to be paying rent to me and has already stuck me with this month's utilities. I really have no sympathy for him. Why the rental laws are walls of clusterf*** is beyond me. Edited December 23, 2013 by pettie4sox Quote Link to comment Share on other sites More sharing options...
Pale Hose Jon Posted December 23, 2013 Share Posted December 23, 2013 I have not posted on this site in years (only lurking) but reading this post brought me out of retirement. As an attorney who works at the highest volume landlord/tenant firm in Chicago I STRONGLY suggest that you consult with an attorney prior to taking any steps with his belongings or his tenancy. There are many attorneys who can represent you or at least provide you with advice in this area for little to no money. If nothing else, go to the 6th floor of the Daley center and see if you can get free legal advice from the legal assistance staff there. Committing an unlawful forcible entry and detainer can warrant both Civil and Criminal cause of actions. The City of Chicago could not be more tenant friendly, and there are more than enough attorney's who love representing tenants due to the numerous penalty provisions in both the city ordinance and state statute. BE CAREFUL. Disclaimer: The content of this post is intended for informational purposes only. It is not intended to provide legal advice or solicit business. Quote Link to comment Share on other sites More sharing options...
pettie4sox Posted December 23, 2013 Author Share Posted December 23, 2013 (edited) QUOTE (Pale Hose Jon @ Dec 23, 2013 -> 12:04 PM) I have not posted on this site in years (only lurking) but reading this post brought me out of retirement. As an attorney who works at the highest volume landlord/tenant firm in Chicago I STRONGLY suggest that you consult with an attorney prior to taking any steps with his belongings or his tenancy. There are many attorneys who can represent you or at least provide you with advice in this area for little to no money. If nothing else, go to the 6th floor of the Daley center and see if you can get free legal advice from the legal assistance staff there. Committing an unlawful forcible entry and detainer can warrant both Civil and Criminal cause of actions. The City of Chicago could not be more tenant friendly, and there are more than enough attorney's who love representing tenants due to the numerous penalty provisions in both the city ordinance and state statute. BE CAREFUL. Disclaimer: The content of this post is intended for informational purposes only. It is not intended to provide legal advice or solicit business. I don't get how a person that is not even on the lease is afforded all of these rights. I have to pay for everything if he f***s up. We signed a gentlemens rental agreement that says when rent/utilities are due, and that we need to give each other 30 days notice for him leaving or me to kick him out. I'm not sure how legal kosher that is but seriously, that's a lot of rights afforded to someone that could seriously be my guest. Edited December 23, 2013 by pettie4sox Quote Link to comment Share on other sites More sharing options...
pettie4sox Posted December 23, 2013 Author Share Posted December 23, 2013 So my unit may have a storage unit. If that is the case, I might be saved from a world of hurt. I'm keeping my fingers crossed. Quote Link to comment Share on other sites More sharing options...
Jenksismyhero Posted December 23, 2013 Share Posted December 23, 2013 QUOTE (pettie4sox @ Dec 23, 2013 -> 12:37 PM) I don't get how a person that is not even on the lease is afforded all of these rights. I have to pay for everything if he f***s up. We signed a gentlemens rental agreement that says when rent/utilities are due, and that we need to give each other 30 days notice for him leaving or me to kick him out. I'm not sure how legal kosher that is but seriously, that's a lot of rights afforded to someone that could seriously be my guest. How much stuff is there? And how valuable is it? I'm all about protecting yourself from unnecessary problems down the line, but realistically this guy is going to be doing some serious time. I think so long as you act reasonable and provide him notice of what you're doing you should be fine. Quote Link to comment Share on other sites More sharing options...
pettie4sox Posted December 23, 2013 Author Share Posted December 23, 2013 QUOTE (Jenksismyb**** @ Dec 23, 2013 -> 01:00 PM) How much stuff is there? And how valuable is it? I'm all about protecting yourself from unnecessary problems down the line, but realistically this guy is going to be doing some serious time. I think so long as you act reasonable and provide him notice of what you're doing you should be fine. What is serious time? The guy has a couple of cheap mattresses, a lamp and stand for it. A old tube TV and a stand for it. clothes/toiletries. That's about it. Quote Link to comment Share on other sites More sharing options...
Jenksismyhero Posted December 23, 2013 Share Posted December 23, 2013 QUOTE (pettie4sox @ Dec 23, 2013 -> 01:03 PM) What is serious time? The guy has a couple of cheap mattresses, a lamp and stand for it. A old tube TV and a stand for it. clothes/toiletries. That's about it. I would think he'd do a few years with all of those priors, but maybe that's aggressive. And yeah, so that's all basically worthless stuff. Even if he had some kind of case against you for not holding onto his stuff long enough what are the odds he spends the money to file a case in court to get it back? Quote Link to comment Share on other sites More sharing options...
pettie4sox Posted December 23, 2013 Author Share Posted December 23, 2013 QUOTE (Jenksismyb**** @ Dec 23, 2013 -> 02:02 PM) I would think he'd do a few years with all of those priors, but maybe that's aggressive. And yeah, so that's all basically worthless stuff. Even if he had some kind of case against you for not holding onto his stuff long enough what are the odds he spends the money to file a case in court to get it back? Fair enough. Damn a few years, that's nuts. So is there anyway that he gets off with probation and is released or he's definitely going to the slammer? Quote Link to comment Share on other sites More sharing options...
Jenksismyhero Posted December 23, 2013 Share Posted December 23, 2013 QUOTE (pettie4sox @ Dec 23, 2013 -> 02:16 PM) Fair enough. Damn a few years, that's nuts. So is there anyway that he gets off with probation and is released or he's definitely going to the slammer? I have no clue. I'm assuming a 300k bond means he's looking at a sentence, but i'm not a criminal lawyer. Quote Link to comment Share on other sites More sharing options...
cabiness42 Posted January 17, 2014 Share Posted January 17, 2014 I think I already know the answer to this, but I am going to ask anyway. I live in a subdivision that is about 9 years old, but the builder/developer is still selling lots and building houses. The subdivision has a HOA, but the HOA is run by the builder or its designee until 100% of the lots are sold and then it gets turned over to the homeowners. The company managing the HOA flat out sucks. They only care about getting their monthly fees and provide terrible service. Of course, the HOA charter only lists the duties/responsibilities of the HOA and does not specify any time frames or service levels. We have had a street light out for 45 days. The management company has promised that it will be fixed "by the end of next week" three different times, none of which actually happened. When I call them, I keep getting excuses such as: snow, cold, holidays, waiting for a part. To me, this is a serious safety issue, and it seems borderline negligent that it is taking this long. My guess is that I really have no legal options other than to bend over and take it, but I thought I'd check to make sure. This is in Indiana if that makes any difference. Quote Link to comment Share on other sites More sharing options...
Dick Allen Posted January 17, 2014 Share Posted January 17, 2014 (edited) So the Octomom fails to report $30k in income and could get a couple of years locked up. Ty Warner doesn't pay taxes on $25 million and gets a couple of years of probation. If there is one thing in the world to ever not try to find something a little cheaper is a good lawyer. Always go with the best you can afford. Edited January 17, 2014 by Dick Allen Quote Link to comment Share on other sites More sharing options...
farmteam Posted January 17, 2014 Share Posted January 17, 2014 QUOTE (HickoryHuskers @ Jan 17, 2014 -> 09:05 AM) I think I already know the answer to this, but I am going to ask anyway. I live in a subdivision that is about 9 years old, but the builder/developer is still selling lots and building houses. The subdivision has a HOA, but the HOA is run by the builder or its designee until 100% of the lots are sold and then it gets turned over to the homeowners. The company managing the HOA flat out sucks. They only care about getting their monthly fees and provide terrible service. Of course, the HOA charter only lists the duties/responsibilities of the HOA and does not specify any time frames or service levels. We have had a street light out for 45 days. The management company has promised that it will be fixed "by the end of next week" three different times, none of which actually happened. When I call them, I keep getting excuses such as: snow, cold, holidays, waiting for a part. To me, this is a serious safety issue, and it seems borderline negligent that it is taking this long. My guess is that I really have no legal options other than to bend over and take it, but I thought I'd check to make sure. This is in Indiana if that makes any difference. Just to clarify, you mean streetlights as in just regular old lamps placed at intervals along the street/sidewalk, and NOT stop lights (red/yellow/green)? Does the HOA Charter say anything about habitability or maintenance levels of the subdivision? Even if it's referring to the HOA, and not the management company? Quote Link to comment Share on other sites More sharing options...
cabiness42 Posted January 17, 2014 Share Posted January 17, 2014 Just to clarify, you mean streetlights as in just regular old lamps placed at intervals along the street/sidewalk, and NOT stop lights (red/yellow/green)? Does the HOA Charter say anything about habitability or maintenance levels of the subdivision? Even if it's referring to the HOA, and not the management company? Yes, I'm talking about regular standing lamps that illuminate the streets/sidewalks. I can't find anything about maintenance levels beyond a list of tasks the HOA is responsible for. Quote Link to comment Share on other sites More sharing options...
farmteam Posted January 17, 2014 Share Posted January 17, 2014 QUOTE (HickoryHuskers @ Jan 17, 2014 -> 09:16 AM) Yes, I'm talking about regular standing lamps that illuminate the streets/sidewalks. I can't find anything about maintenance levels beyond a list of tasks the HOA is responsible for. And what is that list of tasks? Quote Link to comment Share on other sites More sharing options...
Jenksismyhero Posted January 17, 2014 Share Posted January 17, 2014 QUOTE (HickoryHuskers @ Jan 17, 2014 -> 09:05 AM) I think I already know the answer to this, but I am going to ask anyway. I live in a subdivision that is about 9 years old, but the builder/developer is still selling lots and building houses. The subdivision has a HOA, but the HOA is run by the builder or its designee until 100% of the lots are sold and then it gets turned over to the homeowners. The company managing the HOA flat out sucks. They only care about getting their monthly fees and provide terrible service. Of course, the HOA charter only lists the duties/responsibilities of the HOA and does not specify any time frames or service levels. We have had a street light out for 45 days. The management company has promised that it will be fixed "by the end of next week" three different times, none of which actually happened. When I call them, I keep getting excuses such as: snow, cold, holidays, waiting for a part. To me, this is a serious safety issue, and it seems borderline negligent that it is taking this long. My guess is that I really have no legal options other than to bend over and take it, but I thought I'd check to make sure. This is in Indiana if that makes any difference. Did you contact the developer to see if they can put pressure on the management company? That would at least provide additional notice of that outage and the fact that the management company isn't dealing with it in case something does happen. It definitely could be a safety issue if it continues. Otherwise you might want to check the HOA agreement for any recourse in case the management company isn't doing its job. I'd just keep calling and bugging them. Eventually they'll get tired of hearing from you and fix it. Quote Link to comment Share on other sites More sharing options...
farmteam Posted January 17, 2014 Share Posted January 17, 2014 QUOTE (Jenksismyb**** @ Jan 17, 2014 -> 09:19 AM) Did you contact the developer to see if they can put pressure on the management company? That would at least provide additional notice of that outage and the fact that the management company isn't dealing with it in case something does happen. It definitely could be a safety issue if it continues. Otherwise you might want to check the HOA agreement for any recourse in case the management company isn't doing its job. I'd just keep calling and bugging them. Eventually they'll get tired of hearing from you and fix it. Sadly, this is probably the best option, even if you have already called a few times. Unless it's just a super, super s***ty company. Quote Link to comment Share on other sites More sharing options...
cabiness42 Posted January 17, 2014 Share Posted January 17, 2014 Did you contact the developer to see if they can put pressure on the management company? That would at least provide additional notice of that outage and the fact that the management company isn't dealing with it in case something does happen. It definitely could be a safety issue if it continues. Otherwise you might want to check the HOA agreement for any recourse in case the management company isn't doing its job. I'd just keep calling and bugging them. Eventually they'll get tired of hearing from you and fix it. All the developer says is that it's the management company's responsibility to get it fixed. I even went to the sales office and let the sales manager have it right in front of a potential customer, which he really didn't appreciate, but he insisted that he had no power to influence anything. I will re-read the HOA agreement, but so far I haven't found anything listed about homeowner recourse against the HOA. Quote Link to comment Share on other sites More sharing options...
Jenksismyhero Posted January 17, 2014 Share Posted January 17, 2014 QUOTE (Dick Allen @ Jan 17, 2014 -> 09:13 AM) So the Octomom fails to report $30k in income and could get a couple of years locked up. Ty Warner doesn't pay taxes on $25 million and gets a couple of years of probation. If there is one thing in the world to ever not try to find something a little cheaper is a good lawyer. Always go with the best you can afford. I think it had more to do with net worth than what lawyer they had (though i'm sure it helped a little). Warner could afford the massive civil penalty (50 million or so) which IIRC dwarfed the amount he evaded. I also recall there being a big emphasis on his philanthropy. Quote Link to comment Share on other sites More sharing options...
Jenksismyhero Posted January 17, 2014 Share Posted January 17, 2014 QUOTE (HickoryHuskers @ Jan 17, 2014 -> 09:22 AM) All the developer says is that it's the management company's responsibility to get it fixed. I even went to the sales office and let the sales manager have it right in front of a potential customer, which he really didn't appreciate, but he insisted that he had no power to influence anything. I will re-read the HOA agreement, but so far I haven't found anything listed about homeowner recourse against the HOA. I'm sure it's the management company's responsibility per their agreement with the developer, but at the end of the day the developer is the one hiring the management company. They should be able to call and threaten to rescind the contract for non-performance if they really wanted to. Quote Link to comment Share on other sites More sharing options...
farmteam Posted January 17, 2014 Share Posted January 17, 2014 QUOTE (Jenksismyb**** @ Jan 17, 2014 -> 09:31 AM) I'm sure it's the management company's responsibility per their agreement with the developer, but at the end of the day the developer is the one hiring the management company. They should be able to call and threaten to rescind the contract for non-performance if they really wanted to. True, which is why this: QUOTE (HickoryHuskers @ Jan 17, 2014 -> 09:22 AM) I even went to the sales office and let the sales manager have it right in front of a potential customer, which he really didn't appreciate, but he insisted that he had no power to influence anything. is a good move. Should get his attention, even if you have to keep doing it. And it's almost guaranteed the sales manager has way more power to influence the situation than you do. Quote Link to comment Share on other sites More sharing options...
cabiness42 Posted January 17, 2014 Share Posted January 17, 2014 I'm sure it's the management company's responsibility per their agreement with the developer, but at the end of the day the developer is the one hiring the management company. They should be able to call and threaten to rescind the contract for non-performance if they really wanted to. I'm sure the developer could do something to the management company if they wanted to, but it's very clear that they don't. Quote Link to comment Share on other sites More sharing options...
Jenksismyhero Posted January 17, 2014 Share Posted January 17, 2014 QUOTE (HickoryHuskers @ Jan 17, 2014 -> 09:35 AM) I'm sure the developer could do something to the management company if they wanted to, but it's very clear that they don't. Yeah, s***ty all around really. But like I said, the more you put everyone on notice, the more they'll be responsible later if something does happen. That's about all you can do in addition to annoying them with calls/complaints. Quote Link to comment Share on other sites More sharing options...
southsider2k5 Posted January 17, 2014 Share Posted January 17, 2014 QUOTE (HickoryHuskers @ Jan 17, 2014 -> 09:05 AM) I think I already know the answer to this, but I am going to ask anyway. I live in a subdivision that is about 9 years old, but the builder/developer is still selling lots and building houses. The subdivision has a HOA, but the HOA is run by the builder or its designee until 100% of the lots are sold and then it gets turned over to the homeowners. The company managing the HOA flat out sucks. They only care about getting their monthly fees and provide terrible service. Of course, the HOA charter only lists the duties/responsibilities of the HOA and does not specify any time frames or service levels. We have had a street light out for 45 days. The management company has promised that it will be fixed "by the end of next week" three different times, none of which actually happened. When I call them, I keep getting excuses such as: snow, cold, holidays, waiting for a part. To me, this is a serious safety issue, and it seems borderline negligent that it is taking this long. My guess is that I really have no legal options other than to bend over and take it, but I thought I'd check to make sure. This is in Indiana if that makes any difference. Sitting on a planning commission and dealing with a bankrupt developer, I have seen some of these things. The big thing you have to figure out is if there is anything in the platting that lists these kinds of items. If it does you can take it to whoever your planning agency is and complain about it, and it is their duty to enforce that agreement. If it is only a covenant between you and the HOA, you are pretty screwed. Your only real route would be the legal route, which is time and money intensive. If it were me I would start by calling your local City/County agency that oversees planning and go from there. Quote Link to comment Share on other sites More sharing options...
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