Check Illinois state law (735 Ill. Comp. If the tenant fails to pay rent in the future, the landlord must give the tenant a new eviction notice and repeat the eviction process. a statement specifying how the notice was given to the tenant, either by actually giving the notice to the tenant or posting the notice on the tenant's door. If the tenant does not pay the rent, but moves out within five days, the landlord may use the tenant’s security deposit (if any) to cover the unpaid rent. A general description of the conduct that is in noncompliance is required in the notice. The attorney listings on this site are paid attorney advertising. There was no noncompliance with the rental agreement. A landlord should carefully follow all the procedures when filing the eviction complaint and summons. You must send your form to the other parties in the case. The landlord can mail a copy of the three-day notice by registered mail or certified mail with a returned receipt requested. Once the court has received a copy of the notice and a notarized certificate of service, the complaint can be filled out at the clerk’s office and filed. Proper Service of an Illinois Eviction Notice Posted on January 17, 2011 by Richard Magnone In almost all instances, I advise my clients that an eviction notice, such as a five day notice for nonpayment of rent, be served personally on the tenant. § 5/9-209). If the landlord is successful in court, the judge will issue a judgment ordering the tenant to vacate and, if applicable, stating the amount of rent owed. If the tenant does not leave the premises, only the sheriff may forcibly evict the tenant. Believe it or not, this simple threshold question stumps lots of landlords. You may also be prevented from evicting them because of the Federal Eviction Moratorium that went into effect on September 4th. To legally evict a tenant from a residential property in Illinois, a landlord needs to comply with the Illinois eviction process and the various steps involved. o If you need to send notice, complete the Notice of Court Date for Motion. The landlord breached the warranty of habitability or failed to correct a hazardous condition despite written notice. If the tenant pays the rent within the five-day time period, then the eviction process is over. First, you can personally serve the tenant with the notice. In cases where the tenant is holding over, or staying beyond the expiration of the lease and there is no automatic extension or agreement to extend it, the landlord may proceed directly to file a Forcible Entry and Detainer action in court without serving any notice. Who signed it? Stat. Landlords must not engage in "self-help" practices, such as changing the locks (see 765 Ill. Comp. Serve the tenant with an intent-to-evict notice. Was it just Mary or did Jill make a payment? A sheriff of a county with a population of less than 2,000,000 may employ civilian personnel to serve process. The tenant will then have 5 days to pay his or her rent or vacate the property. You can either serve a five-day notice, a 10-day notice, or 30-day notice. Service of the Illinois eviction notice may be accomplished by personal service on the tenant, on a subtenant who is at least 13 years of age, or by certified or registered mail. The landlord waived the eviction action by accepting partial payment of the rent. § 5/9-209), and the landlord would not be able to proceed with the eviction lawsuit. A copy of the notice that was served and a notarized certificate of service is required to be filed with the court. Upon receiving an eviction notice, sometimes referred to as a notice to quit or notice to pay rent or quit, the tenant will have five days to either pay the rent or move out of the rental unit before the landlord can start an eviction lawsuit. Depending on the reason for the eviction and the type and duration of the lease, there are different Illinois eviction notice periods. Is there a written lease? The Illinois five (5) day notice to quit informs a tenant that they must pay rent or vacate the premises. Illinois law requires that landlords serve tenants with a written termination notice prior to filing an eviction action. The notice period begins on the day the tenant receives the notice with weekends excluded in counting the notice period. Anyone has suggestions? The five … The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. § 5/9-207) for the exact rules and procedures for how landlords must prepare and serve termination notices and for any special rules regarding how tenants must provide notice. A sample complaint for a forcible entry and detainer lawsuit and a sample summons can be found at the Illinois Legal Aid website. The sheriff will need a copy of the judgment before enforcing it. If You Need an Eviction Notice for Illinois, We recommend this Free Illinois Eviction Notice. Second, you can serve them by what I refer to as a "substituted" service. This means the landlord can give the tenant an eviction notice, also called a notice to quit or notice to pay rent or quit, the very day after rent is due.
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