Evictions – FAQ
NOTE: If your landlord lives in your building, see the “Exceptions” note on the right side of this page.
What must my landlord do if he/she wants to have me evicted?
She must file a lawsuit against you. This lawsuit is called an “eviction action” or a “forcible action.” Your landlord cannot have you evicted unless he/she wins this lawsuit.
Does my landlord have to provide me with a written notice before filing an eviction action against me?
Yes. The kind of notice required depends on the landlord’s reason for terminating or refusing to renew your tenancy.
What if my landlord wants me to move when my written lease ends?
At least 30 days before your lease ends, your landlord must provide you with a written notice stating that he/she will not renew your tenancy. Then, if you don’t move he/she can file an eviction action against you.
If I have a written lease agreement, can my landlord have me evicted before it ends?
Only if you violate one of the lease provisions.
What if I’m behind in my rent?
Your landlord can give you a written demand for the rent. This demand is called a “5-day notice” because it states that your tenancy will end unless you pay all the rent owed within no less than 5 days. If you fail to comply with this demand, your landlord can file a lawsuit against you. (If you live in a CHA building, the notice must give you 14 days within which to pay the rent).
What should I do if I receive a 5-day notice?
Give your landlord all the rent you owe within the next 5 days. Bring a witness with you when you make your rent payment. That witness can then testify on your behalf, if your landlord later denies that you paid or tried to pay the amount owed. Always pay with a check or money order. You can then use the canceled check or money order receipt to prove you paid rent on a certain date.
What if the 5-day notice demands more rent than I owe?
Give your landlord just the amount you owe.
What if my landlord refuses to accept my rent within the 5-day period?
He/she gives up his/her right to file an eviction action against you. If he/she still files this action, call an attorney immediately.
If I don’t have all the money I owe, should I give my landlord a partial payment?
Only if he/she agrees, in writing, to (1) allow you to pay the rest of what you owe later, and (2) not evict you for failing to pay everything you owed within 5 days of receiving the termination notice.
What if I offer my landlord the rent after the 5-day period ends?
He/she does not have to accept it. But if he/she does accept it, and if your tenancy is governed by Chicago’s Residential Landlord and Tenant Ordinance, he/she cannot evict you. (See the front cover of this pamphlet to find out whether the Ordinance governs your tenancy.)
What if I violate some other provision of my lease?
Your landlord can serve you with a notice describing the violation and stating that your tenancy will end in no less than 10 days. The notice must also advise you of your right to “cure” within this 10-day period, and thereby preserve your tenancy. If you fail to “cure” the violation in a timely manner, your landlord can file an eviction action against you.
How can I “secure” a lease violation?
By taking whatever action is necessary to correct the violation you committed. Assume, for example, that your lease prohibits you from keeping any pets. If your landlord serves you with a 10-day termination notice because you have a cat, you can cure your violation by getting rid of the cat within 10 days of receiving the notice.
What steps should I take to prove I cured the lease violation?
Within 10 days of receiving the termination notice, send your landlord a letter explaining what action you have taken to cure the violation. Send the letter by certified mail and keep a copy. If your landlord files an eviction action against you, bring the letter to court.
Does the termination notice always have to state a reason for the termination of my tenancy?
That depends on whether you have a written lease or an oral (unwritten) lease. If you have an oral lease, the notice does not have to state a reason for the termination of your tenancy. Instead, it may simply state that your tenancy will end in no less than 7 days (if you pay rent every week), or no less than 30 days (if you pay rent every month). Your landlord must give you this notice at least one day before your rent is due. If you don’t move at the end or this 7 or 30 day period, your landlord can file an eviction action against you.
How will I know whether my landlord has filed an eviction action against me?
You will receive a court document called a “summons,” which states where and when you must appear for trial.
Should I go to court?
Yes. Even if you lose your case, the judge will give you more time to move if you appear in court.
Can I have an attorney represent me in court?
Yes. In fact, you should contact an attorney as soon as you receive a termination notice.
What if I want an attorney but have not been able to contact one before I appear in court for the first time?
When your case is called, just approach the judge and say, “Your Honor, I would like a short continuance so I can get an attorney. I would also like to preserve my right to a jury trial.” If you do not want an attorney, the judge may conduct the trial immediately.
What should I bring with me when I go to court?
Bring the summons you received, as well as any evidence that supports your case (such as your lease agreement, rent receipts, pictures of your apartment, letters you wrote to or received from your landlord, etc.) . You should also bring any witnesses who are willing to testify on your behalf.
What happens at the trial?
Your landlord will present his/her case first. When he/she finishes, you will be allowed to tell your side of the story. Keep it brief. Write out what you are going to say beforehand so you do not forget anything.
What defenses can I assert at the trial?
There are many possible defenses, so you should discuss your case with an attorney before you go to court.
What happens if I lose my case?
The judge will order you to move. he/she may also order you to pay your landlord any rent you owe.
If I lose my case, how much time will I have to move?
In most cases, the judge will postpone your eviction for a period of 7 to 21 days. You cannot be evicted before this period ends.
What if I need more time to move?
You can file a motion for an extension of time. The day before you are scheduled to be evicted, go to the Advice Desk in the back of Room 602 of the Daley Center and ask the person sitting there to help you file this motion.
What if I was not in court when the judge ordered me to move?
You can file a motion to “vacate” the judges order. As soon as you learn that the judge ordered you to move, go to the Advice Desk in the back of Room 602 of the Daley Center and ask the person sitting there to help you file this motion.
If my landlord wins the eviction action, who can actually force me out of my apartment?
If you live in a CHA building, the CHA police can evict you. Otherwise, only the Sheriff of Cook County can evict you. Your landlord cannot evict you.
What should I do if my landlord tries to force me out of my apartment without following the proper legal procedure for having me evicted?
Call the police. (For more information, read the pamphlet entitled Lock-outs and Retaliation).
Please Note:This information, published by the Legal Assistance Foundation of Chicago and the Metropolitan Tenants Organization as a public service, gives you only a general idea of your rights and responsibilities under the Residential Landlord and Tenant Ordinance and other relevant chapters of Chicago’s Municipal Code. It is meant to inform, but not to advise. Before enforcing your rights, you may want to seek the advice of an attorney who can analyze the facts of your case and apply the law to these facts.
Still can’t find the answer? Send us your questions. Please allow several days for a response.
My daughter is renting an aparment in the city. She has been in this apartment for over a year. She informed the landlord that she’s looking for an apartment and will inform him when she finds something. The landlord brought someone to look at the apartment and told my daughter the new tenant would be moving in on the first and she had to move. My daughter did not sign a lease and is current in her payments. What rights if any does she have?
The owner is required to give a her a 30 day written notice. It needs to coincide with the rental period. So if the rental period id from the first to the first then the notice needs to be given by the first of the month.
We were told by the managers assistant of our apartment complex that we do not have to pay rent for the month of May because of the following issues;
Huge mice problem (groceries had to be thrown out and a few shirts of mine got ruined)
Terrible cat smell
They did finally send an exterminator out after complaining a lot.
This was after she said we could have the free month for all our troubles.
I called the manager (the landlord) and he said she never said that and that she does not have the authorization to tell us we can have free rent. It is now May 24th and today after calling her about a current ant problem now. She told me that we had 5 days to pay the rent or he is going to evict us. He was VERY rude to me on the phone and i ended up crying because he wouldn’t even listen to me he just kept saying paying the rent or go I don’t care and maybe you guys aren’t the right people for this apartment because you are complaining to much. We did not complain the first 5 months and just did this month because things were getting worse and worse! I am very upset whats our renters rights?
Certainly you should not have to live mice, horrible odors or ants. I would start by putting things in writing. I would start with you going over what has been happening. You can thank them for calling the exterminator and let them know that problem seems to be resolved though now you are having an ant problem and hope that they can fix that. The Chicago law states that landlords have 14 days to make any repairs once they have received written notice. I would add that the assistant manager stated that in a conversation on such and such date that you did not have to pay rent for the month of May because of all the problems that you have been having. If this is not the case then you should talk because you feel that you are entitled to a rebate because of the conditions that you lived trough.
To be on the safe side, I would pay the rent and plan to work things out. You could say that you paying the rent in good faith that you will be able to work something out. In the future when managers, owners etc say anything you need to get it in writing. In fact you can follow up the next day in writing this is to confirm our conversation. You said ….
The apartment building that I live in is being sold. We only have a verbal lease. We also have not gotten anything in writing telling us we have to move, so we are left in the dark about when this date will occur. We are low income. We heard that the new owner wants us out at the time of sale. If the current land lord fails to notify us, would it then be inherent upon the new owner to evict us? Also, would the eviction hamper our ability to find a new apartment? How much time is usually given after a place is sold for the old tenants to vacate?
If your apartment is being sold normally, then your new landlord will simply have the same responsibilities as the old one. You are on a verbal or “month-to-month” lease. If your landlord would like to do anything – raise your rent, ask you to move – (s)he will have to give you a full 30 days notice in writing. If your new landlord calls you up on Sept 5th and says you need to be out by Sept 30th, that is invalid. If your landlord provides you with a 30 day written notice dated for Sept 1st but actually hands it to you Sept 4th, it is not valid for Sept 30th – instead you’d have till the end of Oct. Keep in mind that you will have to pay rent. Also, the new landlord will be responsible for returning your security deposit.
Once that valid 30 day notice is up, only then can your landlord successfully take you to eviction court and evict you. If that eviction goes through and a judgment is made against you, it may affect your ability to get approved for an apartment in the future. If you do find yourself served with eviction court papers, call MTO for a free attorney – if you go to court without an attorney, it is a near guarantee that you will lose. Call us as soon as you get served. 773.292.4988
If your apartment is being sold in some sort of foreclosure proceedings, your new landlord may not be responsible for your security deposit. But you may have at least 90 days to move out if it is a foreclosure type situation. These can get quite complicated. I recommend you call our hotline (773.292.4988 M-F 1-5pm) if you do discover that its a foreclosure case. This may also be helpful: http://www.tenants-rights.org/faq-tenants-and-foreclosure/
We recently discovered after mistakenly being served a 5-day notice that our landlord was applying our rental payments to a judgment from another place we lived first instead of to our rent first. The ledger showed that this had been going on since December 2009. We have a lease. Now the landlord wants us to sign an agreement which places priority on paying the judgment first or 50/50 which still leaves a balance owed on our rent. This does not make sense to pay a judgment before paying rent. Doesn’t that violate the terms of the lease? Especially if they say that the lease is in full force and effect? They say this is standard procedure. They even admitted that they had not used any of the funds to place the security deposit in a separate fund. We have been paying extra money every month since December 2009 when we moved to our present place, but we thought that the security deposit and rent was being paid first. This is a short version of the story. Do we have any rights in this situation?
I think that you will need to consult with an attorney about this as I am not familiar with the laws regarding debt payment. Questions that I would look at are what were the terms of the judgment, when you moved in was there a discussion about back rent and security deposit and what was the agreement, was that discussion documented in writing in any way.
John
Hello
my landlord just gave me a 5 day notice. my problem is that he had my13 year old son sign for it, I was wondering is this legal for him to give him this notice and have him sign anything because he is under age. the landlord excuse is it is legal and by him being 13 it is fine.
I believe under the Illinois law, personal service is allowed to any resident of the unit 13 years of age or older.
what if the landlord just drops off a notice or summons? i found an eviction summons on our back porch the other day. it states i am to appear in court this friday and pay a fee. not only was i not properly notified of the eviction, i am the only name on the summons and there are two other people on the lease with me and two other people that live there that are not on the lease. what do i do?
My aunt and I are behind on rent and are living in this apartment where my parents are the lease holders but a few months they left for a so called “vacation” in Florida and refuse to answer my calls and stopped paying rent abandoning us. We are now facing eviction. I tried to work out something with the property manager but to no avail. The property is a management company and I asked the building manager if I could speak to the management company and refused to give me any info on them and not let me talk to them and said everything goes through him. His wife then went into my aunts place of employment and yelled at her to pay the rent or get out and threatened to call the police on us and then served her with a 5day notice to vacate. Now we have just been served with an summons eviction notice that was given to my aunt by a police officer at her place of employment. Is this legal for them to do these things at her place of employment even though she is not on the lease nor did she sign it?
Even though your parents are the lease holders, the landlord can name all occupants in the unit on the summons. I am not sure why the management company was unwilling to work out an arrangement with you. You can continue to negotiate with the owners and see if they will stop the eviction if you pay or if you move out. The owner has no rights to come to your place of employment to harass you or your aunt. Your aunt could ask her employer to bar the people from her job and they can be asked to leave and if they do not then you can call the police and they can be arrested.
my friend is a month behind on his rent, he currently has a lease, his family are occupying the appartment. [of a 2 flat building] He is currently incarcerated and no telling when he will be released from jail? Is incarceration a violation of a chicago residental lease? can the landlord evict him and his family?
Is this a subsidized unit? If so it may be a lease violation. If this is not subsidized, then you should read the lease and see what it says. Most leases probably are silent on this issue. Certainly, the family needs to continue to pay rent and follow the other rules of the lease. Lastly, the landlord must give you a lease violation notice before anything happens.
I am facing a court date, I have fallen 3 weeks behind on current month and told property manager I would pay at the end of month. When summons it stated that I owed rent for two months plus $430 for fees. I did pay the previous months rent and have cashiers check to prove; What can I expect at court without an attourney and I also have $1750 security deposite at stake with a rent owed of $875.00… Please inform Thanks
First whenever you have to go to court it is important to have an attorney. Here is a link to attorney referrals http://www.tenants-rights.org/legal-other-resources/ Our experience is that tenants who go to court without an attorney lose. The Lawyers Committee for Better Housing study showed that over 98% of unrepresented tenants lose. If you have been unable to get an attorney, the first step would be to ask for a continuance (at your first appearance) to try and obtain the service of one. It is important not to discuss the issues of the case but rather just to ask for a continuance to get an attorney. In most cases you will be allowed one week to find an attorney.
Dec 2009 one of the other tenants called for an inspector because she was behind on rent and the landlord wouldn’t turn her heat on because of it. They spoke with us and we told them some of our heaters weren’t working either. they moved out but after that he came and asked me why did i sign the petition for the heaters. I told him because it was true,some of our heaters weren’t working. I’ve paid my rent a few weeks behind here and there since then and over the months he’s refused to fix anything in my apartment.I have no lease and want to send a rent reduction letter to him. I know he’ll be upset and now I’m wondering if he can evict me for sending the letter or will I be protected by the retaliatory eviction act?
The Chicago Ordinance states It is declared to be against public policy of the City of Chicago for a landlord to take retaliatory action against a tenant, except for violation of a rental agreement or violation of a law or ordinance. A landlord may not knowingly terminate a tenancy, increase rent, decrease services, bring or threaten to bring a lawsuit against a tenant for possession or refuse to renew a lease or tenancy because the tenant has in good faith:(d) requested the landlord to make repairs to the premises as required by a building code, health ordinance, other regulation, or the residential rental agreement;
Some other thoughts are to send a copy of the letter to your alderman and to the Metropolitan Tenants Organization, it can help to add to your protections.
Failing to pay the rent is an evictable offense. The inability to pay poses problems for tenants seeking to assert their rights. If you are currently behind in rent, the best advice might be to talk with an attorney before proceeding.
Hi John,
I signed a lease last year that gave me a rental concession (credit) for one month, but the remainder of the lease would continue in normal payments. However, I continued to receive the monthly concession, and I paid the amount shown on my monthly rent ledger. Eight months later, I received an updated rent ledger that shows the landlord reversed the monthly concessions and that I owe a very large amount. They demanded payment immediately, but I asked if I could work out a monthly payment plan to repay the balance. The property manager told me the landlords agreed to allow me until December 31, 2011 to repay.
However, now I received a 5 Day Notice to pay about 1/4 of the balance due. I still cannot afford to pay that chunk immediately, so I don’t know what to do. I don’t want to get evicted!
Hi Ross,
When your property manager agreed to let you have until December to repay, did you get this agreement in writing? If you have this agreement in writing, it is likely that you will not be evicted on those grounds, but you should still contact an attorney if your landlord files a case against you.
If the agreement is not in writing, you have no way of proving the agreement was made, and you are not able to pay the balance, you are at risk for eviction, as the only written agreement you have is your lease agreement and the only thing that can be proven is that you are in violation of it. You can try communicating your request for a payment agreement to the property manager again, but be sure to get it in writing. If you are not able to do so, contact an attorney about representing you in eviction court. You never want to go to court without one. Let us know if you need a legal referral.
In 2008 I was renting an apartment and when my unemployment compensation ran out, I went to the property manager and told him of my predicament. He told me to just move out and spare him and us an eviction action and then we would be done with it. I agreed and moved out promptly and didn’t hear about it again.
Last year, when being checked for eviction history by a potential landlord that same property reported me as having been evicted. Checking on the Cook County Clerk web site I find a joint action between the property management company and a law firm. What is this thing? It does not look like an eviction to me, and they do ask for a sum of money. Just in case you want to look at it the case number is 2008-m1-721098. I am also wondering what I can say or show this potential landlord that could help me out in my rather urgent situation. Thank you.
I have an eviction notice however my landlord accepted half of the monies owed after the evicition process and he still wants me to move. Is this legal?
Here are two parts of Chicago Landlord and tenants ordinance that may apply to your situation.
Waiver of Landlord’s Right to Terminate. If the landlord accepts the rent due knowing that there is a default in payment of rent by the tenant, he thereby waives his right to terminate the rental agreement for that breach.
(h) Remedy after Termination. If the rental agreement is terminated, the landlord shall have a claim for possession and/or for rent.
It would be best to discuss your situation with an attorney. What happens may depend on what the agreement with the landlord was when you gave the money, whether it is possible to document the agreement. It is always best to get agreements in writing so that situations like this do not arise.
My daughter’s neighbor complained to their building manager that her children are too loud a few months ago. They are 2 yrs and 5yrs old. She received a 10 days notice indicating her music to loud. She does not have a radio, a computer or cd player. What are rights?
You daughter may want to seek the advice of an attorney as it is almost always the best to have legal representation especially in cases that could end up with your daughter going to court. In her case it is important to respond to written notices from the landlord with a written response. If you daughter does not play music or have a radio etc., then it would be good to let the manager know there must be some kind of error and explain why.
It is illegal for managers to discriminate against families with children though if the kids are making excessive noise that could be a reason for eviction. It is a fine line and one best to discuss with an attorney.
My landlord has filed for an eviction notice. I think I will be able to make up the past due rent, but he made a point of telling me hew would be filing and the fee for doing so (@$350 or so). If I pay him before the court date and he withdraws the complaint am I obligated to pay for his fees? Thanks very much.
My landlord evicted my roommate from our apartment, and when my roommate was served my name was not on the eviction notice, nor is my name on the lease. I have had a verbal month to month lease with the landlord. My roommate didnt go to court because he is planning on moving. My landlord told him that both of us have to be out, but doesnt he have to evict me separately because I wasnt listed on the eviction papers, or on the lawsuit.
Received a 5-day notice for past due rent that I paid. Building is in foreclosure and paid the new landlord for December (cashed check). And paid November rent to previous landlord as agreed upon by new landlord. Have bank statements proving on-time payments since 2008. What should I do?
Who gave you the 5-day notice, the old or the new landlord? If it is the old landlord, they cannot really do anything. I would get something in writing from the new owner stating they own the building. If it is the new owner then, start by sending copies of the bank statements show payment. Hopefully that will stop everything.
My landlord was forclosed on in August. There have been showings around the clock since then, but building(2 flat) is still for sale. Bank sent me a 5 day notice. How much time do I have before eviction?
Secondly, I heard evicitons are scare in cold winter months(Chicago)
It sounds like there are several issues. First is unless the landlord lives on the premises, the owner needs to be giving you at lest 2 days notice of their intent to enter. As for the bank sending you a 5 day notice, have you quit paying rent? If you pay the rent then the bank cannot kick you out with a 5 day notice. As for evictions in the winter, given the current weather conditions evictions are happening. Generally evictions do not occur if the temperature is below 15 degrees. We have not had a day like that yet. Also if it is snowing the sheriff generally does not evict. Otherwise the sheriff evicts in the winter. Maybe people have lost most of their belongs thinking that the sheriff will not evict in the winter.