Five Day Notice For Nonpayment of Rent. The notice below is a sample of a landlord’s five day notice that is commonly used when a tenant fails to pay rent. It is possible that, by agreement of the parties in a lease, the time period may be longer than five days. More than one common lease form purporting to be “standard” Chicago lease does, in fact, make such a change (for example making a 5 day notice into a 15 day notice). The requirements for the contents and service of a five day notice or any other eviction notice are highly technical. Check out this post for further information related to the Affidavit of Service at the bottom of the notice. Be aware that if a landlord were to copy and paste this page to create a five day notice of their own, they probably should not leave this paragraph on the notice! Landlords should make sure that they understand the legal requirements of the notice. For instance, the City of Chicago Covid-19 Eviction Protection Ordinance requires that a number of other disclosures be provided to a tenant along with a 5 day notice or the City of Evanston requires ten days rather than five days worth of notice. Always consult an attorney before acting. Check out this post for a further breakdown of the five day notice.
Reda | Ciprian | Magnone, LLC provides notice drafting services that generally involve a review of a landlord’s tenancy situation and drafting of an appropriate eviction notice. If interested, feel free to call us at 773-399-1122 or contact us.
LANDLORD’S FIVE DAY NOTICE FOR NONPAYMENT OF RENT
State of Illinois, County of Cook ) ss.
To: ……………………………………………………
………………………………………………………….
………………………………………………………….
YOU ARE HEREBY NOTIFIED that there is now due the undersigned Landlord, the sum of ………………………., being rent for the premises situated in the City of ………………………………………. and County of …………………………….. , State of Illinois and described as follows, to wit:
The property at …………………………………………………………… Unit Number ……………., City of ………………..…….. , Illinois ……………….., together with all buildings, sheds, closets, out-buildings, garages, barns, and other structures used in connection with said premises.
YOU ARE FURTHER NOTIFIED that payment of said sum so due has been and is hereby demanded of you and that UNLESS PAYMENT THEREOF IS MADE ON OR BEFORE THE EXPIRATION OF FIVE DAYS AFTER THE SERVICE OF THIS NOTICE, YOUR POSSESSION OF SAID PREMISES WILL BE TERMINATED FIVE DAYS AFTER SERVICE OF THIS NOTICE. SHOULD THE FIFTH DAY OF THE FIVE DAY PERIOD BE A SATURDAY OR SUNDAY, THE FIFTH DAY SHALL BECOME THE NEXT BUSINESS DAY.
ONLY FULL PAYMENT OF THE RENT DEMANDED IN THIS NOTICE WILL WAIVE THE LANDLORD’S RIGHT TO TERMINATE THE LEASE UNDER THIS NOTICE, UNLESS THE LANDLORD AGREES IN WRITING TO CONTINUE THE LEASE IN EXCHANGE FOR RECEIVING PARTIAL PAYMENT.
Dated this ……….. day of ………………………, 2020.
………………………………………………………………….
LANDLORD OR LANDLORD’S AGENT
AFFIDAVIT OF SERVICE
I, …………………………………………………………, being duly sworn, on oath deposes and says that on the ………….. day of …………………………………., 2020 (s)he served the within Notice on the tenant named therein by delivering a copy thereof to ………………………………………… at …………………………………………………………………………………………………………………………………
………………………………………………………………………..
(signature of person delivering notice)
SUBSCRIBED and SWORN to before me
this …………… day of ………………………….., 2020.
………………………………………………………………….
NOTARY PUBLIC
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE
DISCLAIMER: Please keep in mind that the above notice is a general form. Every landlord tenant situation should be considered separately. There is no guarantee that this notice will be appropriate for your situation. This form should not be relied upon as legal advice.
Please PLEASE please consult an attorney before acting!