Legal Question in Landlord & Tenant Law in Illinois
tenant/landlord issue: eviction
i am a tenant who is behind on rent. i was two months behind, but have paid half. a relative of the landlord came today and asked when i would have the rent. i have never met this person and she was being very aggressive. i told her i had already paid some and would have the rest this friday. the same date i have already given the landlord twice now. she said it wasnt good enough and started yellking at me. my husband was yelling back and so she stated she was calling police to have us arrested. i called myself and found i would not be arrested as she approached me/us. she then said i had 30 days to leave home. i told her she could have me court ordered. i have not received anything in writing. everything between me and my landlord(a woman of 84) has been oral. there is no written lease agreement. only my writing my name, at time boyfriends, now husband name and the names of my children who i said would be present at differant times. what procedure will be happening to have me evicted? i am in arears with rent, but am not unwilling to pay. am having issues with being told im not wanted due tyo all the trouble we cause. i am willing to leave, but need time to find new rental. what rights do i have? what can landlord do?
2 Answers from Attorneys
Re: tenant/landlord issue: eviction
If landlord wants to evict you she needs to follow the appropriate procedure...likely either serving you with a 5-day or 30-day notice. If there are threats being made call the police. People get behind in rent and there's an appropriate legal response...notice, file eviction suit, and eventually physical eviction by the Sheriff. Any of these threats are totally inappropriate and should subject the person to arrest.
Re: tenant/landlord issue: eviction
If you are able to pay the rent, do so. They can't effectuate an eviction unless they properly serve you with a properly executed 10 day notice. You haven't even gotten a 5 day notice for the back rent. Just start paying the back rent right away.