Letter should send contractor on his way

Q. I hired a contractor to do some remodeling work at my home and about halfway through the job, I fired him because the work was terrible. I received a letter from a lawyer yesterday and he is now threatening to sue me for the cost of the entire job. I paid him for some of the work, which will have to be corrected by whoever I hire to finish the job. The only thing we have in writing, which is not signed by me, is a statement that he will remodel three bathrooms and the total cost would be $9,500. I have had two contractors here since I fired him and they both agree his work was terrible. Any suggestions?

A. Take a look at the Home Repair and Remodeling Act, 815 ILCS 513 et seq. For jobs in excess of $1,000, the act requires, among other things, the contractor to furnish the following:

• A written contract, specifying the cost of materials and parts and the total cost of the work, which must be signed by the consumer.

• The pamphlet entitled "Home Repair: Know Your Consumer Rights". It is unlawful for the contractor to proceed with the work without complying with the above provisions of the act.

I would suggest contacting an attorney familiar with these types of matters. A strongly worded letter to the contractor's attorney would probably put this matter to rest.

Q. I own a small house which I have rented to a guy for the past eight months. He got very sporadic with the rent right off the bat and he is now two months behind. I have gone over there numerous times and he is never home. It looks like he still lives there, though I am not positive.

I would like to start the proceedings to have him evicted but I am concerned that no one will be able to find him and I will get bogged down in the courts. What kind of problems am I going to have if he cannot be found?

A. To commence an eviction proceeding for non-payment of rent, a five day notice must be served on the tenant. The statute provides that it may be served on the tenant or anyone residing at the property over the age of 13 years. The notice may also be served by certified mail. Finally, if no one is in actual possession of the property, the notice may be posted.

Given your situation, I would suggest posting. The certified mail will probably not be signed for and that could present problems in court.

After the five days runs, you will file the eviction and, if the property is in Cook County, you will be required to give the sheriff at least one opportunity to serve the tenant with your complaint. If the sheriff is unable to serve him, you will be required to appear on the original court date (known as the return date) and you will ask the court for permission to either have him served by a special process server or by posting.

The advantage of serving by the process server is you preserve your ability to obtain a money judgment against the tenant for the rent that is owed. The disadvantages are that it costs money to hire the process server and he might not find the guy either. Now, you have an additional expense and you've lost another two to three weeks.

In the event the sheriff is unable to serve the tenant, in most circumstances, it makes the most sense to obtain service on the tenant by posting. Although you will lose your ability to collect any of the rent owed, you will most likely obtain possession of the property quicker, as service by posting is guaranteed. Unless you are aware of a source to collect on a judgment against the tenant, such as a stable job, you are probably better off obtaining possession of the property as quickly as possible, finding a new tenant and getting the rent flowing again.