Legal Question in Landlord & Tenant Law in Illinois
tenant eviction
I have been a tenant at my current residence for 4 years. My rent is always paid but due to the fact that the rent comes primarily from returns on personal investments the rent is usually sporadic (late) but is always paid. The landlord has filed several eviction notices over the years and I have had one judement against me last year. (i usually pay before it goes to court)The rent and costs for the judgement were paid and I continue to live there.
My curent situation is that I again am facing another summons a nd this time I feel the landlord is looking to evict for good regardless of if I pay the amouint due. He has led me to believe over the years that he understands my financial dilema and is willing to work with the situation. However, he now seems to be changing his mind leaving me in a bad situation for many reasons. I know he is preparing to have me served within the week. As always I will be paying the rent as I have over the life of the tenancy.
My Question: Do I have any legal standing/ remedy for remaining in on the property and avoiding a judgement until I am current on the rent (ie. financial hardship, etc)? Thankyou for your time
1 Answer from Attorneys
Re: tenant eviction
Well, if you're not following the letter of the lease technically the landlord can evict you. One out would be be to pay the rent in full during the time of the 5-day notice. If you do this the notice is cancelled and the landlord can't pursue the eviction. You can obviously offer to pay the rent anytime before court too but if there's not assurance by the landlord that he'll stop the case it's probably more useful to keep the money. There are various delay tactics at trial like requesting a jury demand. Also, not sure if you're aware but even if an Order for Possession is entered the time between the entry of the Order and physical removal is often up to two months.
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