I have to evict a cousin who is not paying rent. We did not fill out a lease since we are family. It was an oral month to month agreement. Do I have to serve him with a 30 Day Notice of Termination or a 5 Day rent demand Notice or both?
A five day notice is for non-payment of rent. A 30 day notice is to end a month-to-month tenancy. If you only do a 5 day notice and the tenant pays the rent, then you are back to square one.
Though we understand that people don't like to hire lawyers, evictions are highly technical and if done improperly can backfire (especially in Chicago). Hire a lawyer to handle this for you, eviction lawyers tend to charge very reasonable rates since they handle a very high volume of cases.
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In addition to the answer provided by Mr. Brabender, hiring an attorney may give you a bit of a buffer. Since you are dealing with a family member, it may be useful to have someone else take the brunt of his displeasure with being evicted.
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Please consult with an experienced eviction attorney. You will save yourself a huge headache. Evictions are technical cases. If you mess up a step you can be back at square one.
Karen J. Porter is licensed in the State of Illinois. An answer to a question on this site does not create an attorney client relationship. It is recommended that you meet with an attorney to receive a thorough and confidential review of your legal problem.
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