Legal Question in Real Estate Law in Illinois

hi, we are being evicted we were told via text message, and we asked for paper notice. The landlord brought the eviction notice today the 16th and it says we are to vaccate the premises by the 15th yesterday. What should we do?


Asked on 2/16/12, 4:57 pm

2 Answers from Attorneys

State law requires specific forms of notice in writing and with limited service options, unless there is something in your lease that is unusual or there is a local ordinance that allows for some other form of notice. Assuming for the moment only State laws apply, from what you've provided the notice is invalid and you should have a good defense if the landlord files an eviction case. My thought is that if you have the rent money get a lawyer to send it to the landlord with a letter that says the notice is invalid, etc. This could prevent a needless lawsuit.

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Answered on 2/17/12, 8:40 am
Thomas Moens Moens Law Offices, Chartered

There is not information here to give you an answer, but the notice you received to vacate by the 15th is obviously not valid. If you have not made payments, the landlord can give you a five day notice to pay, after which time, he can start eviction proceedings in court. If you have made payments, whether the lease can be terminated depends on the terms of the lease. If there is no written lease, the landlord can terminate the lease by giving you a thirty day notice. The thirty days would start on the date your next payment is due. So, notice given to you today, assuming rent is due on the first, would terminate the lease at the end of March. If there is a written lease, the lease can only be terminated for reasons contained in the lease agreement.

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Answered on 2/17/12, 1:04 pm


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