Five Day Notice

Chicago FINALLY makes text of Covid-19 Eviction Moratorium Public

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Took them long enough! (Now, where is the Covid-19 Notice the City Requires?)

Finally, the people at the City Clerk’s office have made available to the public the official text of the freshly passed into law Chicago Covid-19 Eviction Moratorium ordinance.  As discussed on this blog, the new ordinance requires a 7 day negotiating period after a landlord serves a 5 day notice (or any other notice for non-payment of rent) if a tenant notifies the landlord that the tenant experienced a Covid-19 impact.

The full text of the ordinance can be found here.  Some language (but not the official form) for the notice has been released

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Details of Mayor Lightfoot’s Chicago Eviction Moratorium

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UPDATE: the City has released the official text of the ordinance

The Mayor asked you landlords to give tenants some grace.  She is now imposing grace upon you.  So much for your housing solidarity pledge.  Apparently, you landlords can’t be trusted to give grace voluntarily.  The City of Chicago Housing Committee met this afternoon (6/15/2020) and after about three hours of debate, passed the Mayor’s Covid-19 “Eviction Protection Ordinance” on to the full City Council for a vote on Wednesday, June 17, 2020 at 10am.  This is a new Chicago ordinance that will apply to residential (not commercial) properties.  We have what we think is an early copy of the law.  So, based on that, let’s take a dive into what is likely to pass into law on Wednesday (6/17/2020).

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4 Mistakes Landlords Make with the 5 Day Notice

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5 Day Eviction Notice TipsDon’t make these mistakes with the 5 Day Notice

The five day notice for non-payment of rent (by the way, it is 10 days in Evanston, thank you very much) – it’s that “simple” little notice that is the beginning of many eviction cases.  And boy can it mess up an Illinois eviction lawsuit if it is done wrong!  Section 9-209 of the Illinois Forcible Entry and Detainer Act governs the “demand for rent” that must be provided in an action for possession.  Most versions of the 5 day notice form that float around are pretty simple.  However, many landlords and even some of their agents (who should know better) mess up the form with regularity.  And, if the notice is wrong, the eviction case is unlikely to succeed.

Here at Reda | Ciprian | Magnone, LLC,

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What is the best time to serve a notice for nonpayment of rent?

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A tenant is late with the monthly rent.  It is nearing the end of the month.  Should the landlord wait until the rent for the next month, which is due in just a few days, is also late before serving a notice for nonpayment of rent?  No way.  It is best to serve the notice sooner rather than later.  Why?

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7th Circuit clears up Fair Debt Collection issue

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five day noticeIn 2009, the Third District of the Illinois Appellate Court issued an opinion in American Management Consultant LLC v. Carter that, in part, confused landlords and their legal counsel.  In the case, involving an appeal of a Bolingbrook forcible entry and detainer case, the Defendant argued that the landlord had violated the Fair Debt Collection Practices Act.  The Illinois court agreed saying:

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Partial Payment after 5 Day Notice in Chicago

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five day noticeThe first step in just about all evictions for nonpayment of rent is to serve a notice for non-payment of rent.  Unless the cure period is modified (or even waived in some jurisdictions), this is usually a five day notice.  Once the notice is served, the tenant has five days to make payment in full to avoid an eviction.

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