Some helpful landlord information. Use a five-days Notice for residential eviction. Only the amount of Rent may be included in the amount due to the Landlord. Late fees, unpaid portions of security deposits, parking fees and the like should not be included on the amount to be paid. The five days Notice should be signed. Never put a termination date on the Notice. Use language such as the Lease will terminate five days after service of this Notice as there may be problems in serving the Tenant timely.If the Tenant tenders the entire sum due during the 5 days, then the tenancy is reestablished. You need to exclude the first day and include the last day unless the last day is a Saturday, Sunday or other legal holiday. If the last day is a Saturday, Sunday or State of Illinois legal holiday it is excluded and then the last day in which the Tenant may pay under this Notice is the next business day. Best to wait a day or so after the end of the 5 days. The Lawsuit for Eviction cannot be filed before the last day under the Notice. If the Tenant tenders less than the entire sum due and the Landlord accepts it, then under the Chicago RLTO the tenancy is reestablished and the Landlord must serve another 5 days notice on the Tenant. If tenancy is not under the RLTO, then the Landlord may accept the amount offered, credit the outstanding rent and still sue based upon the 5 days notice. Probably best only to accept the full amount of rent due during the 5 days.
Posted on: Sat, 25 Jan 2014 02:40:58 +0000
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