5 Day notice Illinois

[Greg Linder]

Is leaving a 5 day notice posted on the tenants door a legal delivery of a 5 day notice in Illinois? I would prefer to hand deliver but the tenant refuses to answer their door.

The official form I downloaded from the county says as on option "By posting a true copy thereof on the premises, there being no one in actual possession of the premises."

[Eric S.]

@Greg Linder 

i have been managing rentals in some rough neighborhoods in chicago, and never wanted to take the chance on any type of confrontation with an angry tenant, so i have always mailed the 5 day notices (regular mail even) even though the notarization claims that it was delivered in person.  

the weird thing is that out of all the times i have appeared in eviction court, i have NEVER had a tenant or an attorney use the technicality of the 5 day notice being improperly delivered as a defense.  my thinking is that while the amount of rent due may be disputed, the eviction case wont be thrown out based on one person claiming it was properly served and one person claiming it wasnt.  eventually, the case is going to have to be heard.  

i have heard defendants claim that they did not receive the 5 day notice, and the judge then asks them what their response is to the amount.  im not sure it is worth risking your safety and chasing around after a tenant for the 5 day.  

also, im not sure that if you accept money after a case is filed that you have to refile.  that used to be the case in cook county, but was changed.  i cant imagine that it is the case in other areas of the state that are not as heavily regulated as we are, but i would check with an attorney.

i HIGHLY recommend that you use an attorney for evictions.  find one who specializes in them, and you will pay much less.  the attorney i use only charges $325, and it is money very well spent.  a lot of time a good attorney can serve as a buffer between you and the tenant to work out some type of resolution.  my attorney has resolved the situations with the tenant under an agreed order in about 60% of my cases.  

good luck!