#EVICTION NOTICE ILLINOIS TEMPLATE HOW TO#
22įor more information about how to cure non-payment of rent in a way that protects your tenancy, see Paying the Rent Owed. If you have a lease, a notice to quit does not need to state that you have a right to cure, but you have that right to cure up to the date that your answer is due in court. If you do not have a lease, a notice to quit must tell you that you have a right to cure the non-payment.
Whether or not you have a lease, you can prevent an eviction if you "cure" the non-payment (pay the rent owed). If you have a lease, any clause in the lease saying that the landlord can end your tenancy for non-payment of rent without giving you a 14-day notice is illegal. A 14-day notice to quit means your tenancy is terminated 14 days after you get the notice. If your landlord wants to evict you for non-payment of rent, you must receive a 14-day notice to quit and a special " FORM TO ACCOMPANY RESIDENTIAL NOTICE TO QUIT." 20 A 14-day notice to quit does not mean you have to move in 14 days. 19 One way that a landlord may do that is if your case goes to trial, she can put you on the stand to ask if you received the notice to quit. A sheriff or constable may personally deliver it to you, although this is not necessary.Ī landlord must always prove to a judge that you actually received the notice in order to proceed with an eviction.A landlord may send it to you through regular first-class mail.A landlord may leave it with your spouse.Anyone can personally deliver it to you, including the landlord.Receiving a Notice to QuitĪ landlord can use a variety of methods to deliver a notice to quit, including the following: If your landlord does not give you this form, it is against the law for them to file a non-payment eviction case in court. This form tells you what help you can get to stop an eviction. Your landlord must send you a special form with the Notice to Quit if your landlord is evicting you for non-payment of rent. If your landlord is evicting you for non-payment of rent If you get an execution, you may be able to stop or postpone an eviction, but you need to act immediately. An execution is a court order that says the landlord can move you out. If you receive a paper that says EXECUTION on the top of it, you must act immediately. Again, you do not have to move out by the date on the notice to quit. If your landlord decides to take you to court, only a judge can decide whether you or your landlord should have possession of your apartment. 17Ī notice to quit does not determine who is allowed to have legal possession of your apartment. 16 Furthermore, the notice to quit must have your correct address on it and should name all tenants (anyone who signed the lease or all adults in a tenancy at will situation). Save the notice to make sure that if your landlord does bring you to court, she states the same reason for the eviction on the court notice, which is called a summons and complaint. The notice should tell you if the landlord is terminating your tenancy for reasons related to non-payment, some other lease violation or violation of the law, or for no reason at all (no fault). If you do not move out, the landlord can begin an eviction action against you in court. The purpose of a notice to quit is to give you warning of the landlord's desire to terminate your tenancy, which is only the first step in the eviction process. This can be a very intimidating document, but you do not have to move out by the date listed on the notice. 15 Do not ignore a notice to quit.Ī notice to quit says that you must "deliver up" or "vacate" your apartment by a certain date.
To do this, a landlord must give you a written notice called a notice to quit. Before a landlord can evict you, she must properly notify you that she is ending or terminating your tenancy.
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