5 Day Notice Illinois

[James Syed]

Hi BP.

I have a tenant who has NOT paid rent for this month (August), rent is due 1st of every month according to lease agreement. I sent her a 5 day notice via certified mail with return receipt requested because she wouldn't answer the door or answer my phone. She's has an enormous dog (lab) at the house so I didn't attempt to go there to post the notice on her door as he had bit someone before.

My question is if she doesn't pay in 5 days, could I file a forcible entry detainer at the court ( We are in Macoupin County Illinois)? I have never done this before even though I am a licensed real estate managing broker however I don't feel confident enough.

I prefer to not hire an attorney unless I must because I am afraid it will cost a lot of money. I also heard horrible stories that if you don't file it right, it will take months to evict a tenant, etc.

Any suggestions?  

[Andrew Holmes]

Hey James: These are note from an attorney that we use to evictions hope they help you.

If you need exact notices may be I can paste them on here so they will help everyone is IL that needs to do an eviction.

Eviction in Illinois Are Done By The Following Rules:

There are some exception like the city of Chicago, Evanston & Cook County but the rest of the State Of IL is fairly straight forward.

It's a 5 Step Eviction Process:

1. 1. Sending the Tenant a 'Notice of Eviction"
2. 2. Filing a Complaint
3. 3. The Sheriff serves the Summons on the Tenant
4. 4. Going to Court
5. 5. The Sheriff removes the Tenant (if necessary)

Notice of Eviction
The first step in evicting a Tenant in Illinois is delivering the "Notice of Eviction." Depending on why you are evicting the tenant, Illinois has 3 different notice periods:

Five Day Notice of Eviction
The Five Day notice is only used for non-payment of rent. It gives the Tenant 5 days to pay the rent and late fees, or Vacate the premises.

(**Do Not Accept part of the rent other wise you have to go back to start all over)

Ten Day Notice of Eviction
The Ten Day Notice is used if the landlord needs to evict the tenant for violating the terms of the lease, such as unauthorized pets, illegal activity, etc. Although it may also be used for non-payment of rent. Generally in Illinois, the Tenant does not have the right to cure the lease violation and stay in the property. However, in the City of Chicago and some other areas, the Tenant may have a right to cure the violation and stay.

Thirty Day Notice
If the Tenant is on a month-to-month lease or an oral lease, the landlord can terminate the lease for any or no reason by simply giving a 30 Day Notice. If the tenant does not leave after 30 days, the landlord must file a Complaint to move forward with Eviction.

Delivering the Notice. The notice may be delivered in the following ways:

• Personally handing the Notice to the Tenant
• Giving the Notice to someone who is at least 13 years old and who is at the Tenant's home
• Mail the Notice by Certified Mail with a Return Receipt from the Tenant
• Leaving the Notice on the Ground in front of the Tenant if they refuse to accept it
• Posting the Notice of the door of the premises if nobody is living there

Counting the Notice Period. If the last day of a notice period is on a weekend or holiday, then the notice period expires on the next business day. If the notice was delivered by mail, then the notice period begins when the Tenant actually receives the notice.

Affidavit of Service. This is a document the Landlord must sign in front of a notary, by which the landlord is swearing that he property delivered or "served" the Tenant. This form is included with the Illinois Eviction Notice on this site, and will be necessary if you have to file a Complaint against a Tenant for Eviction (next step).

Filing the Complaint
If after receiving the Notice of Eviction the Tenant has not paid the rent or cured the lease violation (if they have that option), then the landlord must sue the Tenant for eviction by filing a Complaint with the County Clerk's Office in the County where the property sits. The County Clerk's Office will have an Eviction Complaint and Summons for the Landlord to fill out and file. There will be a filing fee when the landlord files this. The Clerk will then give the Landlord a copy of the Summons and Complaint for him to take to the Sheriff's Office to be delivered to the Tenant.

The Summons
The Summons is what the Sheriff Delivers to the Tenant telling them that they have been sued for Eviction. When the Landlord files the Complaint, the County Clerk will instruct the landlord to take a copy of the Complaint and Summons to the Sheriff's office, usually located nearby. The Sheriff will then deliver the Summons to the Tenant.

Your Day in Court
When the Landlord files the Complaint, the Clerk will give him a court date. The Landlord must show up for this court date. The landlord must take to court a copy of the Notice of Eviction, the Affidavit of Service, the Complaint, the Summons, and any witnesses or evidence needed to win the case. The landlord must tell the judge why he is entitled to possession of the property and why the Tenant should be evicted (non-payment of rent, etc.). If the Tenant does not show up, it is likely that the landlord will win by default, and the judge will grant the Landlord an Order for Eviction. If the Tenant does show up, the judge will rule after hearing both sides. After winning an Order for Eviction, the judge usually gives the Tenant 14-21 days to move.

Sheriff Removal
If a Tenant still has not moved after the fixed time ordered by the court in the Order for Eviction, the Landlord must go to the Sheriff. The Sheriff might require a deposit or fee, but will ultimately carry out the Order for Eviction and physically remove the Tenant.

Andrew Holmes

www.chicagocashflow.com