WHEATON EVICTION NOTICE DRAFTING LAWYER
Attorney to Draft and Serve Landlord Notices in Kane County and Will County
In an ideal world, landlords and tenants would resolve disputes one-on-one, according to the terms of a well-written lease, and background checks would weed out problem tenants before a lease is even signed. However, residential renters often experience unforeseen changes in financial circumstances, and the tides of fortune can turn on commercial tenants. When negotiations fail, and cash flow is at stake, a landlord must take swift and consistent action against problem tenants.
At Gateville Law Firm, our team has built a highly efficient system for handling evictions for both residential and commercial landlords. Our attorneys and staff are dedicated to delivering swift and sure evictions for landlords large and small, including the drafting and serving of eviction notices.
We can prepare, serve, and follow up on legal eviction notices for all types of rental property, including residential units (from single-family homes to large apartment buildings) and commercial space (e.g, office, retail, industrial, warehouse, and farm).
Demand Notices: The Crucial First Step in the Eviction Process for Landlords
When a landlord needs to evict a tenant, the process starts by serving the tenant with a legal demand notice. The "demand" is most commonly for the tenant to pay rent owed or vacate the premises. This notice must be correctly written and served according to both state laws and the terms of the tenant's lease (and sometimes municipal or county laws as well). Otherwise, it is invalid, wasting time and resources.
This may sound simple in theory, especially since there are numerous websites offering free or low-cost notice forms for download. In reality, though, the notice process is full of legal technicalities that, if not handled correctly, can cost a landlord significant time and money.
In a rental business, cash flow is king, and just a few lost weeks of rent can put a serious dent in a landlord's finances. Gateville Law Firm has an efficient process to handle evictions, so landlords can concentrate their valuable time on other matters.
The Notice Drafting and Serving Process for Landlords
There are four key steps in the eviction process that landlords (or, ideally, their law firm) must follow to properly serve eviction notices on problem renters:
1) Determine the type of legal notice required.
- 5-day notice: If a tenant is behind on their rent, Illinois law requires the landlord to serve the tenant with a minimum 5-day notice prior to filing an eviction action in county court.
- 30-day notice: If a tenant is on a less-than-one-year rental agreement and pays rent monthly, whether that month-to-month rental agreement is written or oral, Illinois law requires the landlord to serve the tenant with a minimum 30-day notice prior to filing an eviction lawsuit.
- Other types of notices: If a tenant's lease specifies a notice period other than the standard 5-day or 30-day periods, the terms of the lease must be followed. Commercial leases, for example, may requ/landlord-eviction-attorney/notice-draftingire longer notice periods. Separately, when a landlord wants to evict a tenant for violating some part of a lease agreement (a.k.a. an eviction for cause), Illinois law requires a minimum 10-day notice.
2) Draft the notice.
Eviction notices must be written in exact language. For one thing, the notice must state the full and accurate address of the rental property in question. For a 5-day rent demand, the notice must state the exact amount of rent that is overdue and must be paid by the end of the notice period.
A notice must also specify the names of all tenants to be evicted, including occupants who may not be named on the lease but have made rental payments. In addition, if the notice does not contain the proper language, and the landlord accepts a partial payment of rent owed, that action can nullify the 5-day notice, requiring the landlord to start the process over.
3) Serve the notice to the tenant.
At Gateville Law Firm, we have significant experience with the various ways that eviction notices can be properly served on tenants. We find that private process servers are most efficient, and service is typically completed within one to four days. However, some tenants are very good at evading process servers, so this step could take up to two weeks.
4) Follow up on the notice with a timely court filing.
When the notice period expires, and the tenant has not complied with the demand to pay all rent owed or move out, an eviction action should be immediately filed with the county court where the property is located. Failure to act quickly sends the wrong message to tenants and is generally costly for the landlord.
Eviction Notice Drafting for Commercial and Residential Landlords
An improperly written or improperly served eviction notice cuts into valuable landlord time and cash flow. When you need to evict a tenant swiftly and surely, contact Gateville Law Firm at 630-780-1034. Our attorneys and staff are devoted to providing eviction and lease drafting services for rental property owners in DuPage County, Kane County, Grundy County, Kendall County, and Will County.