A 5-day notice to quit refers to a notice sent from a landlord to a tenant when they have violated an aspect of their lease agreement. Once they receive the 5-day notice to quit, they have five days to respond to the notice. If the tenant does not take the necessary actions, the landlord has the legal right to evict them.
The landlord must create the 5-day notice to vacate form keeping all the details and information in mind. If it is not filed properly, it will be discarded by the court. This can take you longer to remove the tenant away from your property.
How Do I File a 5-Day Notice in Illinois?
In order to file a 5-day notice in Illinois, finish up till the Affidavit of Service. This is the actual part that will be used to notify the tenant. It shall state the reason regarding their breach of the lease agreement. It will state that they have two options, which are either with a 5-day notice to pay the rent or leave the property. The landlord must fill in the details of the county, the tenant’s name and address, and the amount that is due. It shall also include the county and city of the rental unit, and their own signature along with the date.
Once you send the notice to the tenant, you should fill the Affidavit of Service after the tenant signs it. This shows that the tenant was served. And, the court can ask them to be present if required. For this, the details that will be required are the name of the landlord, the date served, and the name of the person served. Further, it includes the address of the rental property, the signature of the tenant, and the date.
When Can a Landlord Give a 5-day Notice?
A landlord can give a 5-day notice to their tenant if the latter fails to pay the rent. Breaching any other part of the lease agreement can lead to this as well, but in most cases, the reason behind a 5-day notice is non-payment of rent. The landlord can serve if the rent or any other charges are due from the tenant’s side.
If the tenant can make the payment of the due rent or the other overdue charges in question within the period of five days, the rental payment will be deemed reinstated. In case the tenant is unable to pay within five days, a forcible detainer action can be filed with the court on the 6th day. If the landlord accepts a partial payment, it agrees that it can offer a waiver of the right to terminate for non-payment of rent unless otherwise agreed.
Once the landlord files a court action, the tenant will have to serve the notice with the court papers, asking them to go to the small claims court on a certain date. The date is usually after the tenant receives the court papers. On that given date, the judge or a court commissioner will hear out both sides of the story. Later, it can decide to evict the tenant.
Can an Eviction Notice be Left on the Door?
Yes, an eviction notice or a 5-day notice to vacate can be left on the door. An effective way of sending a 5-day notice or an eviction notice is through certified mail with a return receipt. It could also happen that the landlord comes personally to deliver the notice to the tenant, but perhaps the tenant is not available at that point in time, which is when the landlord has no other choice but to leave it at the door.
Conclusion
Eviction notices or a 5-day notice require attention to detail, much like any other legal notice. Even a small slip can lead to the order to dismiss the notice from the landlord. In evictions, you may feel that the landlord may have the whole rights. However, as a tenant, you get some rights too.
