Legal Question in Real Estate Law in Illinois

Received a 5 day notice jan 5 and today my landlord called and said that he will evict me if I do not pay by Wednesday. My question is I have only received that 5 day notice and nothing else from the court, can he just call the sheriff the night before and evict me without any notice from the court?


Asked on 1/29/11, 3:38 pm

1 Answer from Attorneys

No. The process is that if you don't pay w/in the 5 days, the landlord has to file a lawsuit, has to have you served, has to appear in court and get a judgment for possession (and rent) from the court, and assuming this is residential property you will probably get a 30 day stay (during which the landlord can't do anything), and then if you haven't moved out on your own the landlord can get the Sheriff involved. Depending on the sheriff's caseload, coming out and physically ousting you could take place anywhere from a week to months. Assuming you don't pay and the landlord files a lawsuit against you and serves you, SHOW UP IN COURT - it's your only opportunity to present your case -- and it may be helpful to have an attorney with you if there's a reason (other than just not having the money) for your not paying the rent.

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Answered on 1/30/11, 10:10 am


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