Legal Question in Landlord & Tenant Law in Illinois

Gave renters a verbal 30 day notice 11/03/2010 then follow it up with an email 11/10/2010. Went to court today and the case was dismissed without prejudice due to I did not serve the 30 day notice in writing via certified mail. The renters are currently $9k past due. Sent the 30 day notice to notice to terminate, along with the 5 day notice, today via overnight mail. I am in IL, can I file the Forcible Entry and Detainer prior to the end of the 30 day period (today's 30 date notice to vacate is up on 2/28/2011. Don't want to deal w/these people another month and am hoping I can file on the 6th day (2/04/2011) to try and ensure they are not in the property another month.


Asked on 1/28/11, 6:18 pm

1 Answer from Attorneys
Stephen Messutta

The way the 30 days notice works is that it must be given no less than 30 days prior to the next rent date, so if you gave a 30 day notice on the 3rd of Month 1, the 30 day notice really isn't "effective" until the end of Month 2, so no you can't file before it's effective. As to the 5-day for non-payment, you can file suit on day 6 if the rent isn't paid. But when you file you you have to choose the basis on which you are attempting to evict, so you should do both.

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Answered on 1/30/11, 10:14 am


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