Tenant won't sign certified mail eviction notice
Belvidere, IL · Member since 2017 · 22 posts · 3 votes
Just went through this process in Lake County. The law says you must make numerous attempts (I think numerous is at least 3) to serve them, if still unable to serve you can post it on the door. Its always better to have them physically served. Take a picture of the notice. Save all text and email messages of communication with the tenant. Took 3 weeks to get a court date. We were awarded the eviction. They have two weeks to leave. If they do not, the sheriff will remove them. Inherited tenants history of evictions. Awarded judgment of $1750.
Good Luck.
@Justin Johnson I assume you are referring to a 5 or 10 day notice. If so, deliver it in person or have someone close do so. Its best to record this on your phone as proof. Either way, you'll just sign an affidavit that you did serve the 5-day notice to the tenants (and "Unknown Occupants", that's important). You'll also likely have to show up in court to swear that you did in-fact do so. What county is your property in?
Not sure what effect your lease will have, but the law in Illinois states that you have to deliver the notice to the occupants in writing, it doesn't say you have to do so via certified mail, so you may have screwed yourself by putting that in there. I've seen many leases in that fashion try to get fancy with the legal language or become all-encompassing across many jurisdictions and subsequently give tenants more rights than they otherwise would have had.
@Justin Johnson Here is a solid reference from a landlord-advocacy attorney group: http://chicagoeviction.com/2011/01/breaking-down-t...
They have a 5-day notice example w/ the affidavit on the bottom. You need to physically deliver it to an occupant at the address. If you can't, try a process-server company, they'll probably charge you around $150. I actually have a body-camera like the police use for this purpose when delivering notices, it was less than a single process server would cost when I bought it on Amazon, but it of course requires that the tenant will open the door for you.
Just be certain your 5 day notice is EXACTLY, TO THE LETTER, like the law states. If it isn't, it can be stricken after you get to court after 4-8 weeks, and then you have to start all over again.
And on the topic of "100% I'll pay tomorrow". My response is, "Fine, this notice actually gives you 5 days to do so, so no worries, just get me the payment by the date in the notice and this whole thing gets stopped". Most of the time, you'll get nothing but more promises and still no money.
Just went through this process in Lake County. The law says you must make numerous attempts (I think numerous is at least 3) to serve them, if still unable to serve you can post it on the door. Its always better to have them physically served. Take a picture of the notice. Save all text and email messages of communication with the tenant. Took 3 weeks to get a court date. We were awarded the eviction. They have two weeks to leave. If they do not, the sheriff will remove them. Inherited tenants history of evictions. Awarded judgment of $1750.
Good Luck.
@Justin Johnson, Fun, isn't it? So in Cook County at least, here's your best-case timeline:
Now for the sad part. Lets say you can't deliver the 5 day notice. Delay. Tenant doesn't answer door for sheriff summons, 2-3 week delay. Tenant shows up to court w/o attorney, 1-2 weeks delay so they can get one. Then the new attorney demands trial, 1-2 week delay for the next court date. You then agree to give them 30 days to move to avoid costly trial preparation or because you made an ever-so-slight mistake somewhere along the line, 1 month delay. They don't move in 30 days, you place the order with sheriff, but its now winter so its too cold and a blanket-stay is in place until temperatures warm up, 1-2 months delay. Then there is such a backlog from all of winter so you have another 1 month delay. Then finally, sheriff shows up to remove everyone. If you didn't specify "Unknown Occupants" in your 5-day notice and complaint, the sheriff only removes named parties and the rest can stay and you start over.
My advice is always to go for cash-for-keys. "What do you need from me to vacate by next Sunday @ 7pm?". Usually then they just stutter. "Will $500 do it, can you move if we sign a simple form that guarantees you $500 cash when this place is empty?" Sometimes they need more, and you just have to make a decision if its worth it.
I think a third party process server is a solid choice. They are an independent party and can even show up at a person's job or while they are "out and about."
The money investment sucks, but it will definitely hold more weight in court than the "he said; she said" option.
Download your state landlord tenant laws so your prepared and know your rights and responsibilities.
Good thing all went well with this time..
I am not an attorney and do not play one on TV. Always seek competent legal advice when dealing with issues of this type. Here are some suggestions.
Time to update your lease agreement. Make sure it says that tenants must contact you via registered mail and not the other way around. In Illinois plaintiffs in couties with populations over 500,000 can request the court to appoint a special process server.
After filing a complaint in Illinois, the plaintiff must provide the defendant with a copy of the filed document. This is called service of process. Service of process provides the defendant with actual notice of the pending legal action. With notice the defendant will have the opportunity to file a timely response such as a demurrer to challenge the court’s jurisdiction or file an answer in a civil lawsuit. Failure to serve the defendant with all filed documents will result in the court dismissing your lawsuit. Always follow the correct procedure when completing service in Illinois.
In Illinois, the county sheriff, or an Illinois licensed process server can deliver the filed court documents to the defendant. You can also file a motion with the court requesting that a special process server be appointed. A special process server can be anyone over the age of 18 that is not a party to the lawsuit. For example, you may ask a friend or family member to act as a special process server if they are not a party to the lawsuit.
Illinois recognizes several methods of service.
1. Personal Service: iProcess server personally delivers the defendant a copy of the documents. They are not required to have the defendant touch the document. If the defendant is present and can see the process server and refuses to accept them they can be placed on a flat service while the server tells the defendant what they are going to do.
2. Certified or Registered Mail: Used if personal service is not possible. The documents should be mailed to the defendant’s place of residence, with return receipt requested. If the defendant refuses to accept service, the plaintiff can then mail the documents using regular mail delivery service.
3. Substituted Service: The process server leavies the court documents with an individual residing in the defendant’s home who is at least 13 years of age.
4. Service by Publication: Service by publication means that the plaintiff places a notice in a newspaper in the area where the plaintiff filed the lawsuit. Go to the court first and obtain approval from the court before you use service by publication. Without a judges written order you cannot use this method to accomplish service of process in your lawsuit.
Affidavit of Service: After the process server completes service, the process server will fill out an affidavit of service. The affidavit of service describes the date, place, time and method the process server used to accomplish service. If substituted service was used, the process server must indicate the individual’s name, or a detailed physical description of the individual who accepted service on behalf of the defendant. This document must be filed with the court prior to your first appearance, and provides evidence to the court of the defendant’s knowledge of the lawsuit.
This artcle is also available on my blog.