NAPERVILLE 5-DAY EVICTION NOTICE ATTORNEY
Lawyer Assisting With the Eviction Process in DuPage County and Will County
Any time that a tenant fails to pay rent when it is due, the landlord can serve the tenant with a 5-day notice, also known as a demand-for-rent notice or a notice to quit. This document officially notifies the tenant that they must pay their debt in full within five days of the date of service, or else the landlord will terminate the lease and file a court action to evict the tenant (which typically includes a judgment against the tenant for all monies owed to the landlord).
For example, if the tenant's lease states that rent is due on the first of the month and will be considered late if not received by the seventh, a landlord can serve the tenant with a 5-day notice on the 8th day of the month.
Upon receipt of such a notice, most renters will either pay up or move out. Tenants generally want to avoid a court-ordered eviction, because that will appear on their credit report for seven years. That will reduce their credit score, make it harder for them to get a loan, and cause landlords to reject them as future renters.
At Gateville Law Firm, our attorneys and staff are dedicated to providing legal services to landlords. Our team-based, systematic approach enables us to efficiently draft and serve legal notices and provide end-to-end services for residential evictions and comercial evictions. Our attorneys and staff complete timely evictions for landlords on a daily basis, including the drafting and serving of 5-day notices, as well as 30-day notices for terminating month-to-month renters.
What Is the Objective of the 5-Day Notice?
As a landlord, you may have one of two objectives for the 5-day notice:
- The first objective is to spur the tenant to pay up. If the tenant has been no problem before, and this is their first slip-up, you simply want to collect the money owed to you and keep the tenant in place.
- If, on the other hand, the tenant has become a serious problem, then you likely want to evict them and replace them with a better tenant as quickly as possible.
How Long Does the 5-Day Notice Process Take?
Start to finish, the 5-day notice process typically takes two to three weeks to complete (longer if the tenant's lease requires a notice period of more than five days), including:
- One to two days to prepare the demand notice. The notice must specify the exact address of the property, the names of people who can be held legally responsible for paying the rent, and the exact amount of overdue rent that must be paid to avoid an eviction lawsuit.
- Two to four days for the notice to be served on the tenant, although it could take up to 10 days if the tenant purposely evades the process server. The proof of service must be notarized, as it will become evidence in court if you have to file an eviction action. At Gateville Law Firm, we use private process servers to ensure efficient and legally valid service.
- Up to eight calendar days for the 5-day notice period to expire.
The 5-day notice period begins the day after the notice is served. If the fifth day falls on a Saturday, Sunday, or holiday, the notice period extends until the end of the next business day.
The expiration of the 5-day notice does not mean that you can now physically evict the tenant. You must follow the proper legal process for an Illinois tenant eviction.
If the tenant has not paid the full amount owed by the end of the end of the notice period, then the landlord can file an eviction action in county court on the next business day. Illinois law requires landlords to wait for the entire notice period to expire before filing an eviction action in court (735 ILCS 5/9-209). If the tenant pays in full before the 5-day notice expires, the landlord must accept the payment and cannot proceed with an eviction lawsuit.
Completing the eviction process will typically take another four to six weeks. After filing an eviction action, you will have a court date within two to three weeks, and then the court will typically give the tenant one to two weeks to vacate the property. If the tenant does not move out as scheduled, the county sheriff can forcibly evict the tenant. The process is similar for both residential evictions and commercial evictions.
When you work with Gateville Law Firm, you will always know exactly where your case stands. Our cloud-based client portal provides 24/7 access to all of your documents as well as secure messaging with your attorney and other staff members working on your case.
5-Day Notice Drafting and Service
Need an attorney to draft and serve a 5-day notice swiftly and accurately? Contact Gateville Law Firm at 630-780-1034. Our attorneys and staff are dedicated to providing legal services, including lease drafting and end-to-end eviction services, to landlords with residential and commercial properties in DuPage County, Kane County, Grundy County, Kendall County, and Will County.