The C.I.R.P.P. is working hard to find a suitable place for your February 16th mtg. and the meetings beyond. Please be rest assured that we are striving for continuity of location, excellent prices, food, and service. There will be an announcement in next week’s blog. Stay tuned for more information to come.

Some of the conversations at the M*A*C* involve those stories of tenants who left without fulfilling their obligations or damaged your property beyond their security deposit. Wouldn’t it be nice if the end of the story went something like this “And then several years later, out of the blue, I received a check for the past due obligation.”?

At Thursday’s General Meeting, Mary Shores from Midstate Collections will share practical information on how to incorporate the collection process in your business practices. If you want a happy ending to your story, an understanding of the collection process and consistent actions on your part are key.

Excerpt taken from The Ins and Outs of Tenant Screening: From Application to Eviction: By George N. Skidis, Jr.

Tenant Disputes Rent Claimed Due

A tenant who is served a five-day notice can and will dispute the amount of rent the landlord claims as due. If the amount claimed exceeds the amount the tenant believes is due the court may want to know the reason or reasons why. Should the tenant actually pay the actual amount of rent due as stated on the notice they can defeat the landlord’s claim to possession.

Rent Demand Should Not Include Non-Rent Amounts – 75ILCS 5/9-209

A five day rent demand should include rent only. The demand cannon include other claims such as damages, security deposits, attorney’s fees, etc. The courts prohibit a Property Manager from including in five-day rent demands claims for items other than rent such as attorney’s fees and other costs. You demand for rent should advise the tenant to pay the rent actually due. Do not include late fees.

Method of Payment

Some courts can narrowly interpret method of payment also called tender. A tenant should tender rent due in the manner demanded on the five-day notice. If the notice does not specify, the tenant should tender the rent in accord with the past practice or how they have always done it. If paying in person, the tenant can bring a witness to watch them make the payment to the Property Manager. The witness can then describe how payment was made and appear in court on tenant’s behalf.

Refusal of Payment

If the Property Manager refuses payment of the entire amount due, the tenant can bring a motion to dismiss any eviction action. The reason for this is that the original five-day demand for rent demanded payment of rent. If you want them out for some other reason use a different type of notice or demand.

Payment (Tender) Excused

Tender may be excused where it would be futile. If the Property Manager tells the tenant not to try to make a payment, or if the rent amount claimed dues is grossly excessive, payment may be futile. This argument may be even stronger if the Property Manager includes the “only full payment” language included in ILCS 5/ 9-209. That language is: Only full payment of the amount of rent demanded in this notice will waive the landlord’s right to terminate the lease under this notice, unless the landlord agrees in writing to continue the lease in exchange for receiving partial payment.

A: Maybe. But your old neighbor has an uphill climb.

You didn’t know it, but you created a bailment. Legally speaking, that’s a delivery of personal property for temporary safekeeping. Physical possession of the goods is transferred, but not legal ownership.

Bailments commonly occur when you drop something off at the cleaners, or at a repair shop, or when you park in a private lot.

The legal owner of the personal property is the “bailor.” The person who temporarily keeps the bailor’s property is the “bailee.”

You’re probably what the law calls a voluntary bailee. You voluntarily and intentionally took control of someone’s personal property. Your neighbor is the bailor.

Even though you and your neighbor didn’t formally agree to create a bailment, or to become bailor and bailee, a contract for a bailment is implied by law.

Actually, the law INFERS from what the facts IMPLY that there’s a bailment. But contract law always refers to “implied contracts.” As one Illinois court said, when you take possession of someone’s property, “the law implies a contract for the keeping of the property until it shall be restored to the owner or his agent.”

In general, “bailees will be liable for losses that result from their negligence.” Ordinary negligence would be the breach of a duty of reasonable care for the property. The general idea is: What would reasonable people do in your situation?

For you, reasonable care probably means keeping your neighbor’s property safe for a reasonable length of time—but NOT forever. Your neighbor would probably also be expected to act reasonably, by retrieving her stuff within a reasonable amount of time. If she sued, you could certainly defend by claiming that her delay in doing anything was unreasonable. You might even be able to prove that she had abandoned the property, and forfeited any claim to it.

Some courts say we should go easy on good Samaritans like you, and say voluntary bailees aren’t liable unless they’re “grossly negligent.” Although what’s “grossly negligent” isn’t clear, it’s much harder for bailors to prove than ordinary negligence.

If your old neighbor could prove the required level of negligence, the most you’d be liable for is the value of the lost property. Your neighbor’s lax attitude implies it wasn’t worth much.

If she sued you, you’d probably not be able to sue her for storage fees. Unless you’re a business, voluntary bailees are presumed to be acting for free.

You had no duty to safeguard your neighbor’s property in this situation. You’d not have been liable for doing nothing. It’s only when you took control of the property that the law imposed a duty, and opened the door to liability.

If you have not attended a M*A*C* but would like to come out on Thursday — The fun begins at 6 p.m. and ends at 8 p.m. Don’t forget your guests!

You may learn more about Reynolds Towing at www.reynoldstowinginc.com You will also find Neves Group at www.nevesgroup.com

Be sure to visit with Susan Jepsen and Christy Gibas at Seven Saints this Thursday!

RSVP today!

Thanks, Marita

In the beginning …. the New Year was celebrated in conjunction with the beginning of Spring. The celebration lasted for 11 days! In honor of those Babylonian party animals, here are 11 opportunities for welcoming 2012.

Start the party early at the Orpheum Children’s Science Museum – 11 a.m. – 1 p.m.

There will be a big balloon drop at Noon. Kids can make crazy hats, crazy noise and have crazy fun parading around the Orpheum Theater. $6 nonmembers, $5 members.

The Chorale at The Virginia Theater – 7 p.m.

The Chorale presents folk music from Ireland, Scotland and America. Special guests include singer Jean Redpath, pianist Jacqueline Schwab, and fiddler Laura Risk. Reservations required. Proceeds help fund The Chorale’s Young Artist Scholarship Program.

A Classy Affair

JazzStep Entertainment presents an old School New Year’s Eve Party at Round Barn Banquet Center 7 p.m. – 2 a.m. This event includes a buffet dinner, champagne, cash bar, music by Candy Foster and Shades of Blue, an hors d’oeuvre buffet after midnight, $10 off services at Shear Elegance. Dress Code. $35 per person – reservations required at http://www.showclix.com/event/newyear2011

New Years Eve in Downtown Champaign

• 5 p.m. The Duke of Uke at Esquire Lounge
• 6 p.m. Boltini Lounge will be serving a special Tapas menu and music by DJ Space Police with Cal Emmerich (No Cover)
• Radio Maria: Four-course chef’s tasting menu. $50 per person; $65 with optional wine pairings; $85 for premium wine pairings. Salsa Dancing at 10PM – $7 Adv or $10 door
• 8 p.m. HighDive features music by Temple of Low Men, Elsinore, and The Dirty Feathers ($20 in advance)
• 8 p.m. SpeakEasy at the Saints – 20′s themed party at Seven Saints (No Cover)
• 9 p.m. Cowboy Monkey – Live music ($15 Cover)

New Years Eve with The Emerald City Divas – 6:30 p.m. – 2 a.m.

Emerald City in Midtown on 1st Street in Champaign is hosting New Years Eve with the Divas. Begin with a Prime Rib Buffet from 7-10, continue with dancing, entertainment, party favors and champagne toast. $30/person or $55/couple. Reservations required but $10 at the door after 10 p.m.

New Year’s Eve in Campustown

Clybourne – Live DJ , Party Favors, Free Appetizers at 10pm Countdown & Toast at Midnight! Tickets Required
Firehaus – Live DJ, Party Favor, Free Appetizers at 9pm Countdown & Toast at Midnight! Tickets Required
Red Lion – Live DJ – DJ KOSMO!, Party Favors, Free Appetizers at 10pm Countdown & Toast at Midnight! Tickets Required
Joe’s Brewery – Music, Dancing, Drink Specials. Tickets Required

Movies

My Week With Marilyn is showing on New Year’s Eve at the ART Theater. The Beverly and Savoy 16 are showing New Years Eve along with Olivia’s Wintertime Cheer, Darkest Hour, We Bought a Zoo, Girl with the Dragon Tattoo, War Horse, Adventures of TinTin, Mission Impossible 4, Sherlock Holmes 2, Alvin and the Chipmunks, The Sitter, The Muppets, Hugo Cabret, and The Descendants.
Community Worship at Wingate Inn Conference Center – 8 p.m. – Midnight
Participants will bring appetizers and sweets to share, hot beverages, their bibles and favorite board games. The schedule includes time for worship, fellowship and praying for the sick.

New Years Eve at Home

The public libraries are open until 5 on New Year’s Eve if you need to stock up on movies, books or music. For some delicious treats from around the world, visit World Harvest or Sun Singer. You can select from a wide variety of cheeses, chocolates, olives and more!

Fitness Fun

– The Decatur YMCA will host a 2K and 5K run/walk at 2 p.m. Refreshments will be served after the race.
– Join fellow runners and walkers at 11:50 p.m. for the 11th annual Get Lit New Year’s Eve Fun run through Folepi’s 2 mile Winter Wonderland in East Peoria. The $14 entrance fee includes a pizza party following the race at Avanti’s.Information on both races can be found on the Central IL Race Calendar.

Hop a Bus

Peoria Charter is offering two New Year’s Eve trips: A Celebration at Pere Marquette State Park and New Years Eve at Noon at the Sabre Room in Hickory Hills.

And a Bonus for Military Families:

A Christmas Carol at The Goodman Theater – 2 p.m.
Military families receive free tickets to the final presentation of A Christmas Carol at The Goodman Theater in Chicago.

City residents may participate by simply placing their tree within four feet of the curb by 6:00 a.m. on their scheduled collection date. Residents should refer to the map and schedule  on the fier below to determine their collection days.

Christmas Tree Collection 2012 Flier

This past year was no exception. You came away with much knowledge about Section 8 – Processes of eviction. You also learned the changes about HUD Regulations. You learned cost saving ways to deal with mold and how not to get shocked by your inspections!

The seminars in the spring brought education about Fair Housing along with new information about the Emerald Ashe Borer. You were able to be edutained about Motivational Marketing and learn ways to help you and your employees share more of your smiles. Clauses in leases help your business. C.I.R.P.P. helped you and your business by sharing that education.

Turnover, Turnover… C.I.R.P.P.’s own panel with Andy Hutson of The University Group, Randy Hughes of Hughes R.E and Michael Jay of Campus Property Management were well prepared and on board to answer all your turnover questions and very happy to share their tried and true turnover procedures.

C.I.R.P.P. is learning more and more about Digital Marketing. Did you learn where your business stands in the social media frenzy? Local government is an ongoing subject that requires awareness from you the member.

To top off the year you learned many innovative ways to save precious cash from Pete Youngs. Most members came away with something they could use right away! Who knew you could paint a banister in less than 10 minutes with paint mitts?

If you learned something extra special in 2011 that furthered your business thank Bryan Snyder and Christy Gibas. They were on the Education committee. They did an amazing job of bringing great speakers, interesting topics that pertained to the day-to-day operations of your business. Stay tuned for 2012! See you January 19th 2012 at Kennedy’s for the first C.I.R.P.P. general meeting.

C.I.R.P.P. wishes to thank the following vendors who participated in 2011 with Central Illinois Rental Property Professional’s Vendor of the Month!

• Anson Wu of Fresh Design Studios www.freshdesignstudios.com
• Susan Jepsen of Reynolds Towing Services www.reynoldstowinginc.com *Corrected
• Marty Pittman of Farmer’s Insurance www.farmersinsurances.com
• Brent Herron of Reinhart Grounds Maintenance www.reinhartservices.com
• Walt Huskey of Cost Segregation www.costsegserve.com
• Sarah Marshky of Snyder Insurance www.snyder-ins-agency.com
• Mary Beth Caldwell of Apartment Finder www.apartmentfinder.com

C.I.R.P.P. is also fortunate to have Vendors and Property Professionals alike who support it by sponsorships. Saying Thank You to the following Vendors and Property Professionals who give much of their time, talents and finances does not seem like enough.

• Jason Eyman of First Federal Savings Bank of Champaign-Urbana www.356bank.com
• Dorothy Kallmeyer of Pavlov Media www.pavlovmediasolutions.com
• Sarah Marshky of Snyder Insurance www.snyder-ins-agency.com
• Mary Beth Caldwell of Apartment Finder www.apartmentfinder.com
• Susan Jepsen of Reynolds Towing Service www.reynoldstowinginc.com *Corrected
• Walt Huskey of Cost Segregation Services www.costsegserve.com
• Matt Wavering of Coldwell Banker Commercial Devonshire Realty www.CBCDR.com

You as the member can boost your business by checking out the Vendors and Sponsors above. Say ‘thank you’ when you see them.

 You are the featured speaker at our December 15 meeting. “Really?” you’re thinking. “Me?” Yes. You. You are the reason why we are an association and we want you to guide our activity.

You are the expert. You know how the events of the past year affected you and your business. You know the meeting topics you found entertaining or informative, or both. You have the best idea about what we should steer clear of in the future. And we need to hear from you about all these things and more.

Our December meeting will be fast-paced, with election of officers and our annual awards. Most exciting though is the time we will spend working together reviewing our accomplishments during 2011 and our ambition for 2012. We’ll listen as you discuss the efforts made to affect local ordinances and improve our educational programs. You’ll be spellbinding as you share with us your picture of the future C.I.R.P.P..

A: You can do this several ways. Each way is different, and involves different details. While this column can cover some general points, you should talk to a lawyer about what’s best for your specific situation.

For real estate that’s titled in just your name, a will could designate who gets it—and your other property—when you die. During your lifetime, you’d be the sole owner. Your heirs would have no rights until you die.

Putting title to real estate in joint tenancy is another way to allow designated people to get property when you die. When one joint tenant dies, the property in joint tenancy passes automatically to the surviving joint tenants. It does NOT become part of your estate, so any attempt to transfer property in joint tenancy via a will won’t work.

If it’s just you and your daughter as joint tenants, the house passes automatically to her upon your death. During your lifetime, she’d be a co-owner, which has consequences you might want to avoid. For example, as co-owners you’d both have to agree on selling or mortgaging the property. And, your daughter’s creditors could go after property she holds in joint tenancy, even if she’s the only one liable on the debt.

The hassles and risks of co-ownership are often good reasons to avoid a joint tenancy.

(The second basic way to co-own real estate is a tenancy in common. Property held as tenants in common does NOT pass to the surviving tenants in common when you die. Upon your death, that property DOES become part of your estate, so it CAN be willed to somebody else. But it’s the will, not the tenancy in common, that transfers the property to a designated heir.)

A new law creates a new way to pass real estate to somebody else when you die. It’s the “Real Property Transfer on Death Instrument Act.” As the name suggests, it’s a way to transfer property when you die. Until then, though, the property’s all yours. Whoever may get the property when you die has no rights during your lifetime.

In the mean time, you can do whatever you want with the property. You don’t have to worry about working together with a co-owner. You can sell or mortgage the property by yourself.

And if you change your mind, and want to transfer the property to somebody else when you die, you can. If you decide you don’t want to transfer it at all, you can simply cancel the transfer.

The new law sets out what a transfer-on-death “instrument” is supposed to say, and how it goes into effect when you die. You can prepare a valid instrument now, but it will only transfer property starting January 1, 2012. If you die before then, it won’t work.

It’s been possible for years to designate bank accounts, CDs, IRAs, stocks, and bonds as “payable on death” to somebody else. This new law new makes it possible to do something similar with residential real estate.

Thank you to Matt Wavering of Coldwell Banker Commercial Devonshire Realty for sponsoring the M*A*C*. You may learn more about Matt and CBCDR at www.cbcdr.com

Matt J. Wavering
Assistant Director of
Commercial Brokerage
(217) 352-7712 (office)

PO Box 140
(217) 352-5513 (fax)
Champaign, IL 61824-0140
mjw@cbcdr.com

www.CBCDR.com

We have been informed by the office of the bill sponsor that they are working with the Illinois Association of Realtors on a compromise. We have no way of knowing if the application of the homestead exemption on a leased property will be protected. IAR has made no statement that they share our specific concerns on this bill. If the right to apply for the exemption on a leased property is removed the rents on those properties would need to be increased by $50 or more per month. That type of increase will result in significant turnover. In addition, if the exemption is removed immediately then the tax increase would need to be absorbed from your operating income until your leases expire and the rents can be raised.

We need to make contact with our own Senators and with the bill sponsor, Senator Munoz. Senator Munoz can be reached at (773) 869-9050. We also need to have tenants who are receiving the benefit of the reduced tax in lower rents make calls as well. Attached is a form letter to give to your tenants. You may just write in the contact information for their Senator or make any other changes you want to personalize the letter for your use. It is very important to get this out immediately. Calls must be made before November 29th. We waited to see if this issue would be resolved but because the status is uncertain the PAC feels it is necessary for IRPOA members to speak up. Below is a link to find the contact information for the Senator who represents the tenants of your property. Just search using the address of your rental and write in the name and contact number for the Senator who represents your tenant.

FIND YOUR LEGISLATORS

This is a great article on the purpose of landlord regulation. Many Illinois cities use these same tactics to deny housing to low income people. They do this by going after the people who provide housing. Cities like Joliet and Westmont use the code enforcement methods described. They impose current code standards on older property so they always have a reason to force people out. Down state the crime free housing model is common. Crime free housing means that if a landlord fails to evict when ordered to by government they take away the property owner’s right to rent any property. Licensing and registration usually have crime free housing and the code enforcement method as part of the regulation. It is great to see these tactics challenged. If you are a housing provider share this with anyone who would be concerned with the expansion of these policies in Illinois.

 Article from the American Apartment Owners Association

Come try -

• Oysters on the half shell
• Fried Oysters
• Oysters Rockefeller
• Oysters Bienville
• Chargrilled Oysters
• Sautéed Oysters
• Buffalo Oysters
• Fried Oysters
• Oyster Stew

Or experience our Fried Oyster Platters adding coleslaw and fresh cut French fries for lunch or house salad, cup of soup and choice of potato for dinner.

And during our Oyster Festival, come try our many beers specials (starting at $2.75) and wines by the glass specials (starting at $4.50).

We will be offering our Traditional Thanksgiving Grand Buffet on Nov. 24th from 10:30am until 3pm. Leave the cooking, cleaning and carving to us and come enjoy an amazing array of food with your family. Our buffet will feature a triple carving station with roast whole turkey, Certified Angus roast prime rib of beef and roast bone-in ham. Enjoy sage-mushroom and Andouille and pecan stuffing, grilled Atlantic Salmon, sweet potatoes with dried cranberries, pecans and bourbon and many more sides, salads, soups, appetizers and various desserts including pumpkin pie.

Sunday – we have made some hour changes. We have extended our brunch buffet hours to 11am until 2pm. But we have decided to close for dinner on Sunday night. We will always open for any private group wanting to book a Sunday night. The rest of the days, Monday through Saturday, we are open 11am until 9pm.

We have some very good holiday party times still available in our private rooms that hold 30, 40, 50 or 90 people respectively. We would love to host your very special party.

Hope to see you soon!
Luke, Jane and the Staff of Kennedy’s at Stone Creek

See how the Atkins Group show appreciation to their employees while having fun with their Funbulance at the same time! They can travel to their properties and cook lunch! What a wonderful, fun way to say “Thanks”!