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The RLTO requires that the Landlord provide written notice at least 30 days prior to the termination date of the lease of the Landlord’s desire to either renew the tenancy or terminate the same. If, however, the Landlord does not file an eviction, but instead accepts rent from the tenant, then a hold-over tenancy is created for an identical length of time and under the same terms as the expired lease. If a Lease expires, and the tenant does not tender possession of the premises to the Landlord, then the Landlord must serve the Tenant with either a 5-Day Notice for non-payment of rent or a 30-Day Notice to terminate. Service should be made in the same manner as described below. unauthorized occupants or pets, nuisance, etc.) require service of a 10-Day Notice of Termination.
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If the tenant tenders payment of less than the full amount of delinquent rent, and the Landlord accepts any amount of money from a residential tenant after serving the Notice, then the tenancy is reestablished and a new 5-Day Notice must be served.Įvictions Based on Other Breaches of Lease:īreaches of any of the other terms of a lease (other than non-payment of rent i.e. If the tenant tenders full payment of rent due, in accordance with the Notice, then the tenancy cannot be terminated.
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Late fees, unpaid portions of security deposits, parking fees and the like may not be included in the Notice.
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Only the amount of delinquent rent may be included in the Notice. Also, the Notice itself must conform to the strict requirements of the statute, including that it contain a complete description of the property and a certificate of service on the tenant(s). In Chicago, residential leases may not contain provisions waiving this notice requirement. If the property is residential, a 5-Day Notice of termination is required under the statute. Each case is different and the information contained herein is general in nature. Any information contained on this website is not, and should not be construed to be, specific legal advice. Please note that this article is focused on evictions from a Landlord’s perspective. The following are general guidelines for evicting tenant(s) in Cook County, and more specifically, within the City of Chicago.
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If, after having reviewed the information contained on this website, you still have questions or concerns, please feel free to contact our office for a Free telephone consultation (Tel (312) 346-5297) or simply fill-out the “Ask a Question” form on the right-hand side of this Webpage. In many cases were the tenant willfully refuses to pay the Court-ordered rent, we are then able to have an Order for Possession entered as a sanction for the tenant’s violation of the Court Order. In cases in which the tenant attempts to prolong the eviction proceeding by requesting endless continuances or by the filing of a Jury Demand, we will routinely file a Motion for Use and Occupancy, in which case the Judge will order the tenant to pay rent during the pendency of the case. We do this by making sure that the proper procedures are followed, from serving the appropriate termination Notice to the entry of the Order for Possession. Failure by the Landlord to follow the procedures and other requirements of the Statute or Ordinance could result in the dismissal of a pending eviction case (costing the Landlord valuable time and money) or the imposition of even more severe penalties against the Landlord (see below).Ĭontact an experienced Chicago Evictions Lawyer.Īt the Law Office of James Kottaras, our primary objective is to expedite the eviction process for the client. Also, a summary of the RTLO, which must be attached to all Chicago residential leases, can be downloaded from this Website. In Chicago, the Ordinance is known as the Residential Landlord Tenant Ordinance (RLTO).Ī copy of the RLTO may be found at this Website. In Chicago, and in many other towns and municipalities, there are also local ordinances which may govern the leasing of residential properties and the eviction process.
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Evictions in Illinois are governed by the Forcible Entry and Detainer Statute (Chapter 735 ILCS § 5/9-101, et seq.), and are often referred to as “forcible actions.” The Landlord may file a single action (seeking possession of the leased premises) or a joint action (seeking possession plus unpaid rent).