Legal Question in Real Estate Law in Illinois

landlords

If I rented a apartment to a cousin & he is no longer living in the apt. but someone else is I gave a 5 day notice with both their names Sept 7. 2007 rent was due the Sept 1st on the 25th of the month they deposit it in the bank do I have to give another 5 day notice I don't want the rent money I just want possession of my apartment what do I need to do or forms do I need to file in court I did'nt rent to her I told him Sept 24.2007 I was giving him 30 days by Oct 31.2007 nither party have paid rent for months of Oct/Nov


Asked on 11/14/07, 8:18 am

3 Answers from Attorneys
Peter Olson The Olson Law Firm, LLC

Re: landlords

A 5-day notice for failure to pay rent is cancelled if you accept the amount due that was stated in the notice. If your goal is only to get them removed, you should stop accepting rent. Serve the 5-day, wait 5 days, and file suit. Do not accept rent.

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Answered on 11/15/07, 12:06 pm
Mary McDonagh McDonagh-Faherty Law Offices

Re: landlords

You can still proceed with the eviction. You can accept rent in between without forfeiting your rights.

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Answered on 11/28/07, 12:30 pm
Nicholas Chrisos Nicholas G. Chrisos Attorney at Law

Re: landlords

First of all, let me apologize for the delay in answering your question. I'd have to see the 5 Day Notice to know for sure, but you probably have a good forcible eviction case there since they didn't pay you the full amount within 5 days. That means you could probably go to court and file a forcible eviction case. But to be sure, you should give the 5 Day Notice and everything to an attorney to verify your next step.

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Answered on 11/27/07, 4:22 pm


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