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Updated almost 8 years ago, 02/19/2017

User Stats

48
Posts
8
Votes
JJ Mayer
  • Rental Property Investor
  • Bloomington, IL
8
Votes |
48
Posts

Notarizing the Affidavit of Notice? (Eviction)

JJ Mayer
  • Rental Property Investor
  • Bloomington, IL
Posted

Hey all,

We're going through our first eviction (in downstate Illinois), and I wanted to get advice on the following...

We're about to post our 10-day Notice to Quit (eviction notice), and I saw advice that we should get an "affidavit of notice" notarized to "prove" to the courts (in the event it is needed) that we properly gave notice to the tenant.

How does this work?  Do other landlords get an affidavit notarized when evicting tenants?  I assume the notary is not present when we actually serve the notice, so they are just notarizing that I signed the affidavit, right?

Thanks for any advice you can offer or experience you can share!

User Stats

126
Posts
47
Votes
Lois Ginter
  • Rockford, IL
47
Votes |
126
Posts
Lois Ginter
  • Rockford, IL
Replied

What I do is serve the tenant the 5 or 10 day notice, and then get my copy notarized.  My bank notarizes for free.  You must serve the tenant, or any occupant age 13 or older.  You can't leave the notice on the door.  After the waiting period, when you file the forcible detainer summons with the court, you will need to include your notarized copy and the lease with the request.  You or your attorney will need to hire the sheriff or process server to serve the summons.   Below is the portion of my notice that has my affidavit of service notarized.   

AFFIDAVIT OF SERVICE

I, Lois Ginter, being duly sworn on oath, deposes and says that on the 6TH day of October, 2016, I served the foregoing notice on the tenant(s) named herein: by delivering a copy of hereof to the tenant Dead Weight.

Signed: _____________________________

Subscribed and sworn to me this _____ day of ______________________.

________________________________________________________________________

Notary Public

User Stats

13,926
Posts
12,725
Votes
Replied

Your state landlord tenant regulations will outline the required procedures for serving and evicting. Everything should be available on line. 

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User Stats

48
Posts
8
Votes
JJ Mayer
  • Rental Property Investor
  • Bloomington, IL
8
Votes |
48
Posts
JJ Mayer
  • Rental Property Investor
  • Bloomington, IL
Replied

Thanks all