Comments on: Evictions – FAQ

By: John Bartlett

John Bartlett — Thu, 05 Jan 2012 23:13:59 +0000

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.

By: Patricia

Patricia — Thu, 29 Dec 2011 19:50:33 +0000

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)

By: John Bartlett

John Bartlett — Tue, 20 Dec 2011 19:53:32 +0000

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.

By: Aileen

Aileen — Fri, 16 Dec 2011 01:51:18 +0000

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?

By: becky galkowski

becky galkowski — Mon, 24 Oct 2011 20:22:15 +0000

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?

By: Venessa

Venessa — Tue, 18 Oct 2011 18:22:10 +0000

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.

By: Tom Shea

Tom Shea — Wed, 31 Aug 2011 21:53:56 +0000

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.

By: John Bartlett

John Bartlett — Mon, 29 Aug 2011 01:56:41 +0000

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.

By: Bobbie

Bobbie — Thu, 25 Aug 2011 05:23:48 +0000

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?

By: John Bartlett

John Bartlett — Sun, 12 Jun 2011 16:33:24 +0000

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.