five day notice

4 Mistakes Landlords Make with the 5 Day Notice

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5 Day Eviction Notice TipsDon’t make these mistakes with the 5 Day Notice

The five day notice for non-payment of rent (by the way, it is 10 days in Evanston, thank you very much) – it’s that “simple” little notice that is the beginning of many eviction cases.  And boy can it mess up an Illinois eviction lawsuit if it is done wrong!  Section 9-209 of the Illinois Forcible Entry and Detainer Act governs the “demand for rent” that must be provided in an action for possession.  Most versions of the 5 day notice form that float around are pretty simple.  However, many landlords and even some of their agents (who should know better) mess up the form with regularity.  And, if the notice is wrong, the eviction case is unlikely to succeed.

Here at Reda | Ciprian | Magnone, LLC,

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What is the best time to serve a notice for nonpayment of rent?

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A tenant is late with the monthly rent.  It is nearing the end of the month.  Should the landlord wait until the rent for the next month, which is due in just a few days, is also late before serving a notice for nonpayment of rent?  No way.  It is best to serve the notice sooner rather than later.  Why?

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7th Circuit clears up Fair Debt Collection issue

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five day noticeIn 2009, the Third District of the Illinois Appellate Court issued an opinion in American Management Consultant LLC v. Carter that, in part, confused landlords and their legal counsel.  In the case, involving an appeal of a Bolingbrook forcible entry and detainer case, the Defendant argued that the landlord had violated the Fair Debt Collection Practices Act.  The Illinois court agreed saying:

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Partial Payment after 5 Day Notice in Chicago

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five day noticeThe first step in just about all evictions for nonpayment of rent is to serve a notice for non-payment of rent.  Unless the cure period is modified (or even waived in some jurisdictions), this is usually a five day notice.  Once the notice is served, the tenant has five days to make payment in full to avoid an eviction.

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Tips for Illinois Landlords When Tenants Fail to Pay Rent

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Renting real estate is easy, right?  Well, renting the “right way” is easier than doing it the wrong way, however, there are times where the business of rental real estate goess “off track” without any fault of the landlord.  In difficult economic times, more and more landlords are finding that their tenants are unable to make the monthly rent.  What’s a smart, conscientious, and savvy landlord to do about it?  Here are a few tips for what to do and what not to do when a tenant falls behind.

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What Should a Landlord do if a Tenant’s First Security Deposit & Rent Check Bounces?

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In most cases, trouble with tenants usually begins some time after the tenant has paid the first month’s rent and a security deposit.  There are times, however, when a tenant “breaks bad” right off the bat and bounces the initial check or checks given to the landlord.

Before getting too deep into the topic, lets examine the state of the law in Chicago. 

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Breaking Down the Landlord’s Five Day Notice

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five day noticeThe most common notice to terminate a tenancy is a five day notice.  This is the notice that is generally required when a tenant fails to make timely payment of rent.  The requirements for a demand for rent are contained in Section 9-209 of the Illinois Forcible Entry and Detainer Act.  The act provides in part:

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Proper Service of an Illinois Eviction Notice

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In almost all instances, I advise my clients that an eviction notice, such as a five day notice for nonpayment of rent, be served personally on the tenant.  Personal service means putting the notice in a person’s hands.  Section 9-211 of the Illinois Forcible Entry and Detainer Act provides the law with respect to service of any demand or notice as follows:

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