Legal Question in Landlord & Tenant Law in Illinois

Tenant did not pay rent since two month, what legal steps should i take?

This is new tenant living since June 2003. He did not pay rent for month of September and told me to count against security as he do not have job. He also did not pay rent for Oct. 2003 and did not response to my call and stop by at town house he not showed up. What legal steps I should take to force him to pay the rent or leave the property? I do not know what are rules but I want him to pay rent immediately or evict the Town house. Also you can refer the some names of lawyers in Dupage County or near my town Roselle, ILL 60172. My townhouse � rental property is also located in Roselle, IL.

Thanks,


Asked on 10/21/03, 12:44 pm

2 Answers from Attorneys
Mary McDonagh McDonagh-Faherty Law Offices

Re: Tenant did not pay rent since two month, what legal steps should i take?

Eviction is your best option and you should move quick or this tenant will take more of your money. I recommend Dan Nelson, (630) 668-3131 - tell him Mary McDonagh recommended you. Also, send your tenant a five day written notice to pay up or be evicted.

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Answered on 10/22/03, 12:46 pm
Thaddeus Hunt Law Offices of Thaddeus Hunt

Re: Tenant did not pay rent since two month, what legal steps should i take?

Illinois allows you to evict the tenant and obtain a judgment for damages (back rent, etc.). With a a judgment ordering the eviction of the tenant you can have the sheriff force the tenant to leave if he/she does not do so willingly.

The procedures to accomplish this are very technical and must be folowed precisley or else the judge will likely dismiss the case. The law for eviction is generally referred to as "forcible entry and detainer."

In general terms you first have to give the tenant notice that he is in breach and allow him/her a statutory time to cure the breach. If they fail to do so, then you can file an action in Court to obtain an order of eviction and for damages.

You mentioned that you needed a lawyer in DuPage county. I practice in DuPage County as well as Cook, Lake, McHenry, Will, and Kane counties.

If you would like to speak further please contact my office at (312) 236-9906.

Very truly yours,

Thaddeus J. Hunt

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Answered on 10/21/03, 3:26 pm


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