The Tenant Or Landlord Information
Its critical that the information for all involved parties is included here. For the sake of comprehensiveness, for tenants, the party that is receiving this notice should be the lessee thats on the month-to-month lease. The name of this tenant should be precisely as it appears on this original lease. In addition, if there are associated roommates that are also on the lease, then they should be here as well. When this is being submitted to the landlord, his or her full name or the management company that manages the property should also be included. Effectively, there should be no question about who the notice is addressing.
Evidence To Show For Not Paying Rent
If the tenant doesnÃ¢â¬â¢t pay rent, and they dispute that claim, itÃ¢â¬â¢s important that you show the judge the following:
- Your lease agreement – Showing the terms of the agreement, when rent is due, and any penalties for late payment.
- All payments – Showing all previous payments, how they were normally made , and what date they were normally paid on.
- All messages – If you sent your tenant automated or manual payment reminders by text, email, a letter, or mail, itÃ¢â¬â¢s important to show this. While itÃ¢â¬â¢s usually not needed, itÃ¢â¬â¢s still good to show that they were aware of the situation and were given time to cure and make payment. This is why itÃ¢â¬â¢s always best to have everything in writing instead of any phone calls or face-to-face meetings.
- Any payment returns – If their check bounced, their bank account had insufficient funds, or they did a chargeback dispute on their credit card, show this to the Judge. Also show any fees your bank may have charged you, and any penalties you are owed according to your lease agreement.
Illinois Landlord Notice To Vacate
IllinoisLandlord Notice to Vacatecan be used when landlords, property managers, and Illinois property management companies want to inform tenants they must vacate the property and remove all of their possessions by a certain date. Most states require at least a 30 Day Notice to Vacate for monthly leases, and depending on the circumstance, the Illinois Notice to Vacate may be given in the form of a 30 Day Notice to Vacate, 60 Day Notice to Vacate, or a 90 Day Notice to Vacate.
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What Does The Rtlo Prohibit
The RTLO prohibits lease terms that:
- Waive notices or require renters to confess judgment.
- Give up rights to notices .
- Give up the right to a jury trial.
- Prevent the tenant from saying negative statements about the landlord.
- Require the tenant to give a longer amount of notice for moving than the landlord gives the tenant for not renewing the lease.
- Require the tenant to pay attorneys fees in an eviction case.
Does A Landlord Have To Use An Eviction Notice In Illinois
If you would like to evict a tenant from a rental property, you should always deliver them a Notice of Eviction. Here are a few common reasons behind why you may need one:
Outside of lease violations, a renter generally can be evicted by a property owner for other reasons that are not related to their conduct. For instance, if the landlord plans to move back in. Keep in mind that the list shown above is not totally exhaustive and the lawfully accepted reasons for eviction may change based on your particular city, among other considerations. If you have any concerns or questions related to Illinois eviction laws, you can talk to an attorney.
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How To Fill Out Letter Notice Lease
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Defenses To Illinois Eviction
A tenant can contest an eviction by asserting an appropriate defense, such as the following:
- The rent was paid within the notice period or before the landlord filed the Forcible Entry and Detainer action.
- The landlord waived the eviction action by accepting partial payment of the rent.
- There was no noncompliance with the rental agreement.
- Compliance was achieved within the notice period.
- The notice was not properly served, if at all.
- The landlord breached the warranty of habitability or failed to correct a hazardous condition despite written notice.
- The eviction is in retaliation for the tenant complaining about the premises, organizing other tenants, or exercising a legal right.
- The eviction is based on the tenants marital or family status, national origin, creed, gender, sexual orientation, religion or disability.
A tenant can also allege self-repair measures were needed and that a reduction in the rent was made after giving notice to the landlord.
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How To Write A Lease Termination Notice
Despite the utility of this kind of notice, its imperative that all of the appropriate information is included so that theres no question of its legality. Fortunately, its relatively easy to find the required information in the original month-to-month lease agreement, so having a copy of this at-the-ready will significantly make things easier. Some of the information thatll be needed will include:
What Information Is Commonly Required In An Illinois Notice To Vacate
You can tap or click on the button labeled “Make document” to check out our Illinois Eviction Notice sample. In order to make an IL Notice to Vacate online, you generally will need:
If the tenant isn’t at fault for the eviction, you are able to add more context. More custom alterations are allowed, as needed. You will want to make sure that the policies and terms noted in the Eviction Notice are actually present in the fully signed lease.
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Who Is Covered By The Rtlo
- Almost all rental units in suburban Cook County are included .
- All rental units are subject to the anti-lockout provisions, effective January 2021.
- If the residency is in an exempted unit, the landlord must notify a prospective tenant whether they are excluded from the Ordinance before accepting any fees.
Units Exempted from the RTLO :
- Mom and pop small owners: owner occupied buildings with six units or less.
- A single-family home or condominium if
- the owner is only renting that one rental property, and
- the owner or an immediate family member has lived in the home within the past 12 months.
Eviction For Nonpayment Of Rent
In Illinois, a landlord can evict a tenant for not paying rent on time. To do so, they must first give a 5 days notice to pay rent or vacate the premises. If the tenant does neither after that time, the landlord can move forward and file an eviction lawsuit.
According to Illinois law, rent is considered late the day after its due, and grace periods are addressed in the lease agreement. For example, if rent is due on the first of the month, it is considered late starting on the second of the month . There is no right to a legal grace period or exceptions for weekends or court-observed holidays.
Once rent is considered late, the landlord can begin the eviction process by serving the tenant with proper notice.
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Landlord Serves Notice To Tenant
A landlord can begin the eviction process in Illinois by serving the tenant with written notice. The notice must be delivered by one of the following methods:
It is important for a landlord to always maintain a copy of the signed and served notice as proof of proper service of notice.
Illinois State Law And Resources On Terminating A Month
Check Illinois state law for the exact rules and procedures for how landlords must prepare and serve termination notices and for any special rules regarding how tenants must provide notice. See the Laws and Legal Research section of Nolo for advice on finding and reading statutes and court decisions.
Another useful source of information is the summary of state law published by the Illinois Attorney General.
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Illinois Eviction Notice Types
5-Day Eviction Notice : This eviction notice, also known as a 5 day notice to pay rent or quit, must be given to a tenant five days before proceeding with eviction in Illinois. 735 ILCS 5/9-209
5-Day Eviction Notice for Non-Compliance : This eviction notice, also known as a notice to vacate, is issued by the landlord to let the tenant know that they have breached the lease by engaging in illegal activity. This behavior is known as an incurable violation of the lease, and a landlord may give five days notice to vacate the premises. 735 ILCS 5/9-120
10-Day Eviction Notice for Non-Compliance : This eviction notice, also known as a notice to vacate, is issued by the landlord to let the tenant know that they have breached the lease, and will be evicted unless the breach is rectified within 10 days. A lease violation that can be corrected is known as a curable lease violation, and the tenant must be given 10 days to fix the problem before the landlord can legally evict them. 735 ILCS 5/9-210
7-Day Eviction Notice : This eviction notice, also known as a lease termination letter, is used by Illinois landlords to let their tenants know that they intend to terminate the lease agreement at the end of seven days. This notice must be given when terminating a lease where rent is paid each week. 735 ILCS 5/9-207
- Lease Termination : 30-day 735 ILCS 5/9-207
How Much Notice Does An Illinois Landlord Have To Give For A Tenant To Move Out
In Illinois, if there is no lease or if the lease does not specify a move out date, the Landlord must give at least 30 days of notice to a tenant that the landlord wants to move out. This notice must be in writing and must arrive to the tenant at least 30 days prior to their move out date. The written notice must also include a specific move out date for when the tenant must be out of the property and their tenancy has ended. If there is a lease with a specified move out date, the landlord may not terminate the lease early unless the tenant is in violation of the lease.
Be warned that the timeline for notice varies by state, so if you are outside of Illinois you should check your local state law.
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After The Landlord Wins The Case
Provided that the tenant does not appeal for reconsideration, a Writ of Executionis issued within a few hours to a few days.
The Writ of Execution gives the tenant 7-14 days to vacate the property depending on the type of eviction. Evictions related to illegal activity gives tenants only 7 days to vacate the property.
What Are Landlord Protections Under This Ordinance
- Landlords have a two-business day right to cure administrative issues, such as attaching the ordinance summary, disclosing authorized entrants and ownership transfer, and disclosing the name of the bank where a security deposit is held.
- Landlords have a 14-day right to cure issues of material noncompliance with the rental agreement.
- The ordinance protects landlords against property destruction and provides clear rules on when and how landlords may exercise their right to dispose of abandoned property without expensive storage costs.
- Landlords have 30 days to determine security deposit deductions, which may include damage repairs and some court costs.
- The ordinance protects small business owners by including exemptions for small owners, in cases where an owner can not sell, and single-room occupancy housing for vulnerable residents.
- Landlords are given clarity on their obligations in cases of eviction, foreclosure, or nonrenewal of lease.
- Landlords are allowed to enter a residence without notice to make emergency repairs.
- Landlords may give a tenant a 5-day notice if the tenant fails to pay rent and 10-day notice for material non-compliance with the lease.
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How Long Does It Take To Evict A Tenant In Illinois
In many cases, an Illinois eviction can be completed in a couple of weeks. Once the notice is served, the tenant will have between 5 – 30 days to vacate. If they comply, then the process will be over as soon as the notice period ends.
However, serving the eviction notice incorrectly can lead to delays in the process. Also, if the tenant refuses to vacate, eviction procedures can take somewhat longer. To go through the court process can take around 1 month depending on how busy the circuit or housing court system is at the time.
How To Keep Good Records
If the tenant disagrees with the eviction request and they reply to the court, itÃ¢â¬â¢s important that you keep extremely good records of everything so you can provide proof to the judge and win your case. This part can make or break your entire eviction request in the event of a dispute.
You can stay organized by:
- Keeping a physical paper trail – This gets VERY hard to search through, takes up a lot of storage space, and could get lost, damaged, stolen, or burnt in a fire.
- Scanning documents – Scan every document into your computer. A great scanner is the Brother ADS-1700W for under $200 or the Fujitsu ScanSnap iX1500 for $400.
- PMS – Use a property management software to save everything from lease agreements, signed documents, violations, emails, notes, invoices, payments, reminders, maintenance requests, pictures, videos, and anything you can imagine. This is used best when you also scan every document into your software.
- Backups – Store and backup every file using Dropbox, Google Drive, OneDrive, or any other option that is easily searchable.
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Quick Guide On How To Complete 30 Day Notice To Vacate Illinois Pdf
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Service Of The Notice
Service of the Illinois eviction notice may be accomplished by personal service on the tenant, on a subtenant who is at least 13 years of age, or by certified or registered mail. A server may not post the notice on the door or by leaving it in a conspicuous place unless the tenant has abandoned the property and no one is living there.
A copy of the notice that was served and a notarized certificate of service is required to be filed with the court.
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Sheriff Returns Property To Landlord
For evictions due to illegal activity or illegal drug activity, the sheriff or other law enforcement officer must remove the tenant from the rental unit within seven days of receiving the order of eviction, or within seven days of the expiration of a stay of execution.
For all other evictions, tenants may be allowed up to 14 days to move out, depending on the court location.
7-14 days. Depending on the reason for the eviction, once the order of execution has been issued/stay of execution has expired.