Every landlord probably has one specific tenant they will never forget. I wish I could say it was because the tenant was especially friendly or baked you a cake on your birthday. Unfortunately, you probably remember them because they were a pest. They stopped paying rent on time, didn’t answer your phone calls, and avoided you in the hallway.
You started thinking about changing their locks or going into their apartment while they were at work (if they work) and dumping all of their possessions outside. Those ideas felt too good to be true and, alas, they were. Such self-help tactics are against the law.
So what do you do? You serve them with a 5 day notice. A 5 day notice is a piece of paper informing the tenant that if they do not pay their rent in full within 5 days the lease will be terminated and you will file a lawsuit against them for eviction. Let’s take a look at 5 things to know about a 5 day notice in Illinois.
Every landlord probably has one specific tenant they will never forget. I wish I could say it was because the tenant was especially friendly or baked you a cake on your birthday. Unfortunately, you probably remember them because they were a pest. They stopped paying rent on time, didn’t answer your phone calls, and avoided you in the hallway.
You started thinking about changing their locks or going into their apartment while they were at work (if they work) and dumping all of their possessions outside. Those ideas felt too good to be true and, alas, they were. Such self-help tactics are against the law.
So what do you do? You serve them with a 5 day notice. A 5 day notice is a piece of paper informing the tenant that if they do not pay their rent in full within 5 days the lease will be terminated and you will file a lawsuit against them for eviction. Let’s take a look at 5 things to know about a 5 day notice in Illinois.
1. When can I serve a 5 day notice in Illinois?
1. When can I serve a 5 day notice in Illinois?
You can serve a 5 day notice in Illinois anytime after rent is due. If rent is due on the first day of the month and it is now the second day of the month, you can serve a 5 day notice. Most landlords do not jump the gun and serve a 5 day notice just because the tenant is a day late. However, many landlords wait too long and allow the tenant to make a habit of not paying rent on time. The 5 day notice in Illinois is a good way to remind the tenant that there are consequences for not paying rent.
You can serve a 5 day notice in Illinois anytime after rent is due. If rent is due on the first day of the month and it is now the second day of the month, you can serve a 5 day notice. Most landlords do not jump the gun and serve a 5 day notice just because the tenant is a day late. However, many landlords wait too long and allow the tenant to make a habit of not paying rent on time. The 5 day notice in Illinois is a good way to remind the tenant that there are consequences for not paying rent.
2. What happens after I serve a 5 day notice in Illinois?
2. What happens after I serve a 5 day notice in Illinois?
After you serve a 5 day notice in Illinois, the tenant has those 5 days to pay their rent. If the tenant does not pay the rent within that time, you can consider the lease ended and file a lawsuit for eviction without any further notice to the tenant. It would be wise to speak with a lawyer about drafting a proper 5 day notice.
After you serve a 5 day notice in Illinois, the tenant has those 5 days to pay their rent. If the tenant does not pay the rent within that time, you can consider the lease ended and file a lawsuit for eviction without any further notice to the tenant. It would be wise to speak with a lawyer about drafting a proper 5 day notice.
3. Can I sue for past due rent, or only to evict the tenant?
3. Can I sue for past due rent, or only to evict the tenant?
You can sue for both. A claim for rent may be joined in the complaint, including a request for the amount of rent due for any period a judgment is stayed. As a practical consideration, getting a judgment for rent is one thing, collecting it is another. You can garnish the tenant’s wages or put a lien on their home or bank account, but if they do not have any assets, it will be difficult to collect. The main goal of many landlords is to get the tenant out.
You can sue for both. A claim for rent may be joined in the complaint, including a request for the amount of rent due for any period a judgment is stayed. As a practical consideration, getting a judgment for rent is one thing, collecting it is another. You can garnish the tenant’s wages or put a lien on their home or bank account, but if they do not have any assets, it will be difficult to collect. The main goal of many landlords is to get the tenant out.
4. What if the tenant pays some of the rent?
4. What if the tenant pays some of the rent?
If the tenant pays some, but not all, of the rent, you can still sue them. A 5 day notice in Illinois is not invalidated by payment of less than the total amount due. You, the landlord, however, may agree in writing to continue the lease in exchange for partial payment.
If the tenant pays some, but not all, of the rent, you can still sue them. A 5 day notice in Illinois is not invalidated by payment of less than the total amount due. You, the landlord, however, may agree in writing to continue the lease in exchange for partial payment.
5. May I still collect rent after I file the lawsuit?
5. May I still collect rent after I file the lawsuit?
Yes, you may still collect rent after you file the lawsuit. Collecting past due rent after a lawsuit for eviction is filed does not invalidate the lawsuit. It was filed pursuant to the tenant’s failure to pay rent. Even though the tenant has now paid the rent, you can still evict them. They are at least a day late, even though they are no longer a dollar short.
Yes, you may still collect rent after you file the lawsuit. Collecting past due rent after a lawsuit for eviction is filed does not invalidate the lawsuit. It was filed pursuant to the tenant’s failure to pay rent. Even though the tenant has now paid the rent, you can still evict them. They are at least a day late, even though they are no longer a dollar short.