Landlords enter the property market to make money. Sadly, there are times when a tenant refuses to pay and the landlord must start eviction proceedings. When doing so, they need to ensure that all aspects of residential landlord tenant law in Chicago are followed. Failure to do so may cost the landlord more money than they can afford.
Termination of the Lease
The first step in removing someone from a property involves the termination of the lease. This requires a written notice that he or she is being asked to vacate the property, but it must remain in accordance with residential landlord tenant law in Chicago. Different types of eviction notices are appropriate for different scenarios. For this reason, a landlord may wish to consult with an attorney before moving forward with the process.
Termination with Cause
A landlord may choose to terminate a lease with cause. There are different types of notices depending on the circumstances surrounding the termination. For example, a tenant who fails to pay rent in a timely manner will need to be served with a pay rent or quit notice. In contrast, a cure or quit notice is used for a tenant in violation with one or more elements of the lease. With this type of notice, the tenant is given a period of time to rectify the situation before they must move. An unconditional quit notice is only used when the terms of the lease have been violated repeatedly, when the renter has failed to pay the rent on time numerous times or when they are engaging in illegal activity.
Termination Without Cause
This notice is provided when the tenant is asked to leave the property within a certain time period. Usually, this time period is 30 or 60 days, and the notice is used to end the month-to-month tenancy of this person. Many states forbid a termination without cause, and those states that do allow it make the landlord provide the tenant with a legal reason for the termination of the lease.
To learn more, contact Starr Bejgiert Zink & Rowells. Landlord-tenant relations are full of minefields. The role of an attorney is to walk the client through these minefields with minimal damage, if any. Don’t try to take this task on alone; request help, as this saves both time and money in the future.
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