Since I was going through the process of evicting a non-paying tenant today, I thought I would share my experience and post the paperwork used. As this process moves forward, I will continue to post information about the entire process and the eviction results. Quite honestly, we are hoping this is enough to scare the tenant into paying the rent, so we don’t have to evict.

©michealjhonson98 - flickr

©michealjhonson98 – flickr

The 5 Day Eviction Notice is what we are required to post in IL when a tenant has not paid rent. This document is not used for other tenant violations. It states the amount of rent past due and gives five days for the tenant to pay the rent. In this case, the tenant was 4 months behind and did not return multiple phone calls or emails.

We hate to evict people, but in this case, it seems to be the only option, since it’s been 4 months since her last payment and she is not responding to our communications. In the past, she was normally late on payments and had been up to 3 months behind, but she usually responded when we called and she sent payments when they became available. Today I made a final attempt to call and found the phone was no longer in service and the email address is no longer valid. Tomorrow I will take a drive past the home to see if she is still living there and I will post the eviction notice on the door of the property.

When serving an eviction notice in IL, we need to print two copies, one for the tenant and one for our records. Once the 5 day eviction notice is served, the Proof of Service page is then signed and notarized. All of these documents are needed when we go to court to get the official eviction.

Keep in mind, if you want to use these forms, you will need to verify that they will work in your state, because these were intended for the state of Illinois. Simple fill in the blank spaces , everything in [brackets], and change the dates. Also, make sure you read through everything to make sure it’s relevant to your situation.

This document is meant for display purposes only. If you decide to copy and use these documents, please have them reviewed by your own attorney.

5 DAY EVICTION NOTICE

TO: [Tenant’s Full Name]
[Tenant’s Address]
[City, State, Zip]

YOU ARE HEREBY NOTIFIED THAT there is now due and owing the undersigned landlord in the sum of ____________________, being rent for the premises situated in the City of [Property City], County of [Property County], and State of Illinois, being described as follows:

[Property Address]
[City, State, Zip]

And you are further notified that payment of said sum has been and is demanded of you, and that unless payment thereof is made on or before the fifth day after receipt of this notice unless the fifth day falls on a Saturday or Sunday or holiday, then on or before the following weekday, your possession of the premises will be terminated.

ONLY FULL PAYMENT OF THE RENT DEMANDED IN THIS NOTICE, WITHIN FIVE DAYS OF THE DATE OF SERVICE OF THIS NOTICE, WILL WAIVE THE LANDLORD’S RIGHT TO TERMINATE THE LEASE UNDER THIS NOTICE, UNLESS THE LANDLORD AGREES IN WRITING TO CONTINUE THE LEASE IN EXCHANGE FOR RECEIVING PARTIAL PAYMENT.

Dated this _______ of November, 2009

By: [Landlord Signature]_________________________
[Landlord Printed Name]

PROOF OF SERVICE

STATE OF ILLINOIS )
) SS
COUNTY OF [County Where Notorized] )

[Name of Person Serving Notice], being duly sworn, on oath deposes and says that on the 5th of November, 2009, [He or She] served the above notice on the tenant named above as follows:

_________1) by delivering a copy thereof to the above named tenant;

_________2) by delivering a copy thereof to a person above the age of 13 years, residing on or in charge of the above described premises;

_________3) by sending a copy thereof to said tenant by certified mail, with request for return of receipt from the addresses;

_________4) by posting a copy thereof on the main door of the above described premises, no one being in actual possession thereof.

Subscribed and sworn to me this 5th of November, 2009.

____________________________
NOTARY PUBLIC

My commission expires: ____________________________

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