In Illinois, the 5-day notice can be served to the occupying tenant or to a member of the residing
family aged 13 or older.
Placing the notice under the door can be contested in court. The notice does not have to be served on the premises. It can also be handed out at a job, or anywhere the tenant can be found. We usually track the date, time, and name of the person to whom the writ was served in the event we will be called in to verify.
The attorney we use for evictions does not recommend posting the 5-day notice unless it's done by the special process server sent after several failed attempts have been made to locate the tenant.
After the notice is successfully served, the 5 days are honored prior to proceeding to prosecute if full payment demanded is not paid along with accrued late fees. If payment remains outstanding, the next step is to send the signed and notarized 5-day notice along with the lease agreement, tenant ledger, and fees to the attorney.
Once the attorney receives payment and documents, he proceeds to file for a court date. Our attorney sends us notice of hearing date by fax. It is not necessary for us to appear in court. Depending upon the case, the judge usually grants one or two weeks for the delinquent tenant to leave the property. An issuance for an order for possession, and a judgement is entered. 95% of the tenants getting this order vacates on or prior to the date declared. If tenant fails to leave at the time allotted, a physical eviction can be ordered through the courts.
The amount of arrears, the court cost, attorney fees, and eviction costs are listed in the judgement and will be shown on the credit report of the tenant.
Rice Property Management & Realty, LLC services South Suburban Illinois & Northwest Indiana communities, and can be reached by web at http://www.862RICE.com Phone: 708-862-RICE (7423)
Images courtsey of Bing
Diane - very interesting. I can mail my notice and place on the front door. VA statutes frown on service at work and I've seen notices served electronically make it through court.
When I managed multi-units, I served notices and taped them on the unit door with colorful BLUE painter's masking tape!!! Very eye-catching and it did not damage the paint!!
Diane, I do not envy anyone doing this job. Have a happy and blessed Thanksgiving.
Diane, Are you over there kicking people out on the Eve of Thanksgiving?...Is this your Thanksgiving Post???? What on Earth is wrong with you! HA!
Timing, really, it's everything! Happy Thanksgiving to you and yours!!!
Wallace - that would NEVER work here in Illinois... we have some of the most eviction-avoiding denizens you'd ever laid eyes upon! Practically have to take a picture of yourself serving it!
Rebecca - I do not envy myself either.... preparing to pass this job to someone else! Have a Happy fulfilled one yourself!
Jane - Yep! 5-day notice in hand serving all the late turkeys! ( Shhhhh - Listen... that's the ONLY way i can find them... have to catch 'em off guard ya know!) You make me laugh and laugh... just HOW did we find one another?
Diane, I was thinking what Rebecca said. I don't think I could ever do this job.....I know someone has to but it couldn't be me....
Diane, I did not know much of this. This is good information to have even if it might be a little different in Connecticut.
Diane,
I don't do property management so thankfully don't have to deal with this. BUT I'm so glad that there are property managers where they are needed. Someone has to take care of the client's property and I bet your clients are thankful they have you in charge.
HAPPY THANKSGIVING DIANE! I am laughing at this post because you are right - gotta catch them off guard! Do you file the paperwork for the court or does your attorney? I'll be munching on pumpkin pie and stuffing waiting for your answer! Hope you had a truly blessed day! -- Gab
Carole: NO WAY! You are where you should be.... !! A place where all of the PM's have to go to unload at!!
George: Information that will change soon... then we'd have to adapt to the new again! Just like in YOUR profession...
Judi: SOME of them are thankful... others will NEVER be satisfied... it's a job we cannot look to our owners to get motivation from... must go to Active Rain for that, hunnie!
It's GAB! Happy Belated Thanksgiving to you also! The attorney we use does the filing for us. In Indiana we do the filing... as for munching? You can eat ALL YOU WANT... for you will soon be on the bike riding it all off!!
And I thought all you did was come around once a month and collect the rent money :) Property Management is much more involved and valuable than most people realize.
Carol: HAH!! LOL.... there is so much involved until one could never be bored in this profession! When i grow up though, i can be like YOU!
Sounds similar to AZ. We can hand deliver the notice IF there is a "responsible party" there to sign for it. We can send by registered mail, but that adds mailing time to the 5 days. We can pay the constable or a process server to post it. In our town we can do most of the paperwork for an eviction, and if the Owner can appear in court we don't have to get an attorney involved at all (they take FOREVER, here).
Hi Leslie... they would take forever here also IF we went to the local courts and IF the owner did it themselves... We simply bypass all the noise and head straight downtown...and PAY enough $$$ to get it done! happy belated Thanksgiving to you!
Diane this is really a tough job. Your post did fully outline the process for tenant who might be reading your blog. One take away is that you need to have a great attorney in your corner.
Jennifer - YES! Attorney needed! Tough?... could be depending upon the unity!
I don't know of any landlord who actually collects their tenants' rent in CASH * I am sure it happens; however, that has caused problems in the past and 20 years ago a Realtor in Vallejo, CA (home of Jeff Gordon #24 Dupont/Pepsi Chevrolet) was hit over the head when collecting rent and was in a coma for a prolonged period.
Rent collection practices are usually area specific * I provide SAE with the lease for them to mail the rent to my post office. I have not taken CASH for 20+ years and I am not in my office on the 5th of the month so that I do not have to talk to residents....rent collection * if done RIGHT * can be fun....I go to my post office box, open the envelopes and then SCAN the checks from my desktop into my bank account and post into my PM software!!!!