What is the proper way to give a 5 day notice to a tenant. When rent is due on the 1st of the month and rent is not received by the 5th. Can I give the 5 day notice on the 5th or do I wait till the 6th?
Then after the 5 day notice is given do I wait 5 days or business days? Can I start the eviction process on the 5th day or do I have to wait till the 6th?
Thank you for any clarification.
Everything immediately on the 6th day.
Thank you Timothy.
Wait. What did you mean by "everything immediately on the 6th day"?
Your timing depends entirely on your lease. When is the rent due and when is it considered late? Those dates should be explicitly spelled out in your lease. The reason there's a difference is that many landlords have a due date of the 1st of the month and then give a 2 or 3 day grace period. So technically the rent is not considered late until the 3rd or the 4th.
If you have no grace period and your rent is due on the 1st, then on the 2nd (assuming no payment is made obivously), you would give them the 5 day notice. You would then need to wait 5 days before you start the eviction process.
But if you're pretty sure they aren't paying, then contact the attorney sooner to get the ball rolling. They can prep all the paperwork and have it filed first thing.
Be sure to deliver the 5 day notice to the tenant in person.
And good luck. I've had one eviction in cook county (not chicago though). Took me 5 months to get them out. Seems real easy for a tenant to get delays in that county. Change attorney, change attorney, file for bankruptcy, and then the judge still gives them 2 weeks to get out after all that.
What kills you is that every single person in the court room knows the tenant is just using the system for delays and just accepts it.
Grace periods are still a time frame where rent is considered late. If a lease has rent due on the first and a five day grace period(mostly a grace period is a few days were you are not charging a late fee) rent is considered late on the second which is when you serve the 5 day if you want to be aggressive. Think about your mortgage. Your mortgage is due on the 1st but your lender may give you a 15 day grace period before they charge a late fee but on the first day of the following month your mortgage is 30 days late. Same concept.
Something else I just found out last year is for a section 8 tenant you must serve a 14 day notice, not a 5 day notice. Same concept but it gives a subsidy holder a few more days to rectify a situation.
What happens if a five day notice can not be served quickly as the tenant is trying to avoid you. I assume the notice needs to be served before anything can be done?
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