Poor housing market can justify tax break

Q. There have been numerous foreclosures in our area over the past two years. We have been following what the homes have been sold for after they were foreclosed by the banks and the sales prices are way below what we and most of our neighbors paid over the past 3 to 7 years. Could we use this information to ask the county to reduce our taxes? Our argument would be that our homes are selling for way less than what the county says they are worth.

A. I can tell you from personal experience the county will attempt to ignore the sales prices of properties that were foreclosed and then resold. The county's argument is that these are not "arms length" transactions and do not reflect actual values.

Although there is some merit to the argument, the bottom line is that these post foreclosure transactions are, in fact, reducing the values of surrounding properties. I have a client trying to sell a house in a townhouse community that is competing with 10 bank-owned properties. One does not need to be an economics professor to determine that the number of properties for sale and their ultimate selling price will have a negative impact on my client's value.

My suggestion would be to timely file your tax complaint (usually within 30 days of receipt of the assessment postcard) and use the lowest appropriate "comparables," regardless of whether or not the properties were foreclosed. Argue at your hearing that these sales prices are influencing buyers in your area in regards to what they are willing to offer for surrounding properties.

Q. We have a tenant who has not paid his rent for the past two months. When we threaten him with eviction, he laughs and tells us it will take us six months to get him out. Please tell us it won't take that long.

A. OK, it won't take that long. But it could take a while. Here's the process for a residential eviction in our area, based upon a routine situation, keeping in mind there could be many variables.

The tenant is served with a five-day notice, demanding the outstanding rent. Ideally, this is handed to the tenant and someone witnesses the service. The form may be picked up at stationary stores; however, if the form is completed incorrectly, the entire process is tainted. A bad five-day notice may ultimately doom your eviction suit.

Once five days passes and the tenant has not paid the amount stated in the notice, you may file a forcible entry and detainer complaint in the county where the property is located. You will get a trial date approximately three weeks from the date you file your complaint. The complaint is then placed with the sheriff for service.

Presuming the sheriff obtains service on the tenant and further presuming the defendant does not have a legally recognizable defense to the failure to pay rent, you will obtain an order of possession and a judgment for the amount owed. Depending on the tenant's situation (kids, time at the property, medical condition), the court will give the tenant anywhere from one to three weeks to vacate the property.

Once this period of time has elapsed, in the event the tenant remains at the property, you then place the order of possession with the sheriff of the county where the property is located. Depending on their backlog and the time of year (evictions don't occur on days the temperature is below a certain level), this could take up to another month or longer. Eventually, an eviction date will be scheduled and you must meet the sheriff at the property to take possession and, in some counties, actually remove the personal effects of the tenant.

Although the process can be long and frustrating, nothing is worse than a tenant that continues to occupy your property without paying rent. Ultimately, the eviction process will result in your recovering the property. Allowing the tenant to remain without paying rent has no future upside.

• Send your questions to attorney Tom Resnick, 345 N. Quentin Road, Palatine IL 60067, by e-mail to tdr100@hotmail.com or call (847) 359-8983.