10 day notice posted on door May 11 2013 for nonpayment of May rent
May 17 court summons posted on apartment door
May 18 text message received from landlord stating they will no longer receive any payments from me
I never responded .Today is the 10th day but they are not accepting payments
The court date is at the end of this month
This morning, a relative I used as a reference when I leased the apartment in 2011,
called and asked for me to give him a call
At this point I really just would rather go to court and pay the past due amount then.My lease is up in October 2013.
What do you suggest?
He used the wrong form of notice. A 5 day notice is for non-payment of rent. A 10 day notice is for some other breach of the terms of the lease. A 30 day notice is to terminate an oral tenancy. During the notice period, the landlord must accept the payment of rent, so long as the payment is in cash, certified check or cashier's funds and in the full amount of the arrearages, including penalties and any other fees or interest called for in the lease. Once the notice period runs, he doesn't have any obligation to accept the payment and you're out.
You should go talk to a lawyer dealing in tenants' rights. There are a number of them in the city. Find one knowledgeable about the Chicago landlord-tenant laws, which might give you broader rights in some instances than you have under the state laws I described above.
Please be sure to mark the best answer to your question. My answers are general and do not form an attorney-client relationship. I'm happy to talk to prospective clients in my areas of concentration and geographical location.
Family Law Attorney
First, the landlord'd 10 day notice may not have been proper. He needs to serve it personally on you personally, or upon someone over the age of 13 in the apartment, or mailing it to the tenant by certified or registered mail, with a return receipt from the tenant.
Generally, If you pay the entire past due amount to your landlord you can stay. I would bring a witness with you when you go to pay.
However, you may also be able to get the eviction case dismissed due to improper notice.
You should probably hire an attorney to look through your lease and the pending court case.
Dear Tenant: If you were not served with a Notice of Termination, or if the complaint was filed prior to the end of the 10 days (or 5 days) then the Court lacks jurisdiction and the case will be dismissed.
If today is the 10th day and you have the full amount that is due, you should attempt to pay it to the Landlord. The Landlord is not entitled to reject the money if offered within the 10 days.
If it is beyond the 10 days, then I suggest going to Court prepared to settle the matter with the Landlord. The Landlord will most likely prefer that option over the dismissal of their eviction action and starting all over with a notice.
Hope this helps. Good luck.
This is not legal advice and is not intended to create an attorney-client relationship. The post is only an opinion. You should speak to an attorney for further information. The poster is licensed only in IL. Please visit www.davismcgrath.com for more information about our services. If this post is useful to you, please remember to vote it up. Thank you.
Lawsuit / Dispute Attorney
Like the other attorneys said, the landlord or an agent of the landlord should have served the notice personally. You could get the case thrown out or delayed on that basis alone.
As others have also mentioned, for missing rent payment, a 5-day notice is the appropriate notice and the landlord is not entitled to reject payment. The 10-day notice is for a breach of terms of the contract. However, consistent late payment in rent could be considered as a breach of contract so if this is not the first (or second?) time you've missed or were late on rent payment, that may explain why he served a 10-day notice. If this is your first offense though, he should have served the 5-day notice (again, personally) and is not entitled to reject payment of rent from you. Good luck.