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/