Under the notion of an Eviction notice are subsumed legal notice forms compiled by the landlord or the property manager representing a first step in the legal eviction process.
In the state of Illinois, such notices take effort when the landlord learns that the renter has violated the agreement, be it a non-payment of the rent, commitment of a serious crime, or other legal causes of evictions. Though the further actions depend on a particular case, a certain number of days prescribed in the eviction notice template is usually given to solve the problem or vacate the rented accommodation.
It is highly important to comply with all Illinois eviction laws to guarantee a competent and legitimate eviction process and avoid possible problems. Here are the essential points governing the renter eviction process and the conditions of its termination.
There is no statute of the late rent grace period or maximum late rent fees in Illinois. In most cases, proprietors charge a fee for every day that the payment is late, and the amount of the fee depends on the circumstances. Though the owner is not forced to give a rent grace period up to 5 days, he may do so at will. Both grace period and late fees should be stated in the rental agreement for the convenience of both sides. For further regulations and details on late fees and grace period, address to the Illinois Code 770 ILCS 95/7.10(a).
Once the tenant fails to pay on time, the full sum of the rent paid to the landlord usually waives the Landlord’s right to finish the lease, unless the proprietor agrees to continue the lease in exchange for the renter’s partial payment, provided that all such conditions are specified in writing.
Eviction Notice may also be issued when finishing a month to month rental agreement. Whether it is the landlord’s decision or the tenant’s, the renter has to move out of the premises within the fixed period of not less than 30 days (on a date as specified in the notice).
A crucial detail one should bear in mind is that the landlord cannot force the renter to move out without a lawful reason. However, as soon as the reason is found sufficient, the tenant has no choice but to accept the notice. If, after receiving the notification, the tenant still does not refund the entire sum of rent within the next five days, the landlord has the right to pursue an eviction lawsuit.
There are three main types of eviction notices applied in the state of Illinois.
10-day Notice to Quit
Non-compliance means that the renter has violated the stated lease regulations in some way and has to either correct it or move out within 10 days; so, non-compliance is considered a “curable” violation.
5-day Notice to Quit (Illegal Activity)
The notion of unlawful activity comprises the involvement of illegal drugs or any other illegal business, including gambling, etc.; murder, firearms, violence, assault, and other serious crimes – such type of notice is applied when an incurable violation of the property owner’s rights happen.
5-day Notice to Quit (Nonpayment)
Eviction Notice on conditions of non-payment is issued after the renter fails to pay on the due date and enforces the renter to pay within the next five days after receiving it — otherwise, he or she has to vacate the property. Such types of notification should be issued in writing and include the amount that the tenant is obliged to pay to keep possession of the estate.
Convey a real copy of the notice directly to the renter or by first-class mail. If the renter is not at home when delivery is made, leaving a copy at the door is also acceptable.
If a renter still does not reply after accepting the notice, take step two, and address your complaint to the Local Circuit court. With the help of a clerk, you will file a Summons in three copies.
Take one of the copies to the sheriff’s department to proceed with the eviction process and have it further served on the renter (the sheriff also imposes a charge of $60).
This may serve as the last reserve in case the three previous steps did not work. If the tenant doesn’t come to the court on a certain date and the judge’s decision is in your favor, the Eviction Order issued by the court will force the renter to move out within a stated deadline.
Below are briefly presented the main court forms related to eviction specificities in the state of Illinois.