Legal Question in Landlord & Tenant Law in Illinois

I rent a garage monthly to a lady and I have a signed lease. I do think the lease is written well. I sent her a certified letter stating that her July check was returned for insufficient funds. I also said in the letter that I have called her 3 or 4 times and she has not answered. I did check the garage to make sure she hadn't left but her stuff is still in there. I told her according to her lease she would owe a late fee of $25 plus $25 for insufficient funds plus the $12.50 the bank charged my account. She did not sign for the check and it has been returned to me so I am not sure what my next step should be. The lease does say if she does not fulfill the lease that I may take procession . Is that true and can I place it for rent and get her stuff out?

Thanks Fran


Asked on 7/24/17, 3:22 pm

1 Answer from Attorneys
Stephen Messutta

There are two ways to evict, but Illinois has a 'blanket rule" against self-help in any kind of lease except hotels and a few other unique situations. So one way is to follow the procedure outlined in the lease, but that is not a 'statutory' eviction. Or, for non-payment of rent you can follow the statutory scheme - 5 day notice plus eviction lawsuit. Most people choose the statutory route but an attorney can evaluate which would be best for your situation.

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Answered on 7/24/17, 8:05 pm


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