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Updated over 3 years ago on . Most recent reply

User Stats

14
Posts
3
Votes
Cory Kerr
  • Rental Property Investor
  • Chicago, IL
3
Votes |
14
Posts

After Posting Notice to Quit, Before Filing For Eviction

Cory Kerr
  • Rental Property Investor
  • Chicago, IL
Posted

Greetings!

I've been seeing that evictions are easier not renewing a month to month lease, which was the reason for the notice to quit vs pay or quit. The tenant is months behind, yet had someone(not an attorney) contact me to see if I'd be willing to accept rent to allow them to stay or give them another month. They claimed they were withholding rent due to the aftermath of a big issue that was taken care of over a month ago(claimed gnats are still there after the issue was fixed, even though I saw all dead ones last I was there), but never communicated this to me. 

I saw a post on here for NWI saying that if the judge thought the notice to quit was being used to get a tenant out but the real reason was being behind on rent, that the judge could reference Covid to let the tenant stay. 

If I was to accept any past due rent, would I have to serve a 30 day notice again? Or could I accept whatever is paid and still file for eviction after the 30th day?

If I was to accept rent and allow them to stay, would I have to get it in writing? Or would I just give my word and not file for eviction?

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