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Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 29796
Experience:  30 years of real estate practice experience.
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I live in a rental apartment in chicago and have been here 9

Customer Question

I live in a rental apartment in chicago and have been here 9 years. The last two months have been very difficult financially and I was able to pay only half the rent for November and half the rent again for December. At this point this puts me one month late for rent since the beginning of November. At what point is the rent late enough for the landlord to begin the eviction process and does it matter that each month a partial rent payment was made? Also my landlord holds a $2000.00 security deposit and has for 9 years. I understand I am entitled to the interest from the deposit yearly. I have never received anything. Can I ask that the earned interest be used towards the rent that is behind presently?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Loren replied 1 year ago.

Good afternoon. I am Loren, a licensed attorney, and I look forward to assisting you.

Expert:  Loren replied 1 year ago.

There is no particular time frame the rent has to be late for you to be evicted. If it is not paid on the date due then the landlord must give a 5 day notice. If the landlord accepts a partial payment during the 5 day notice period then the eviction can not proceed without a new 5 day notice.

Expert:  Loren replied 1 year ago.

This is per the municipal code, which differs from state law. State law requires full payment to stop the eviction.

Expert:  Loren replied 1 year ago.

With regard to your security deposit, if the landlord has failed to account for the deposit as required in the municipal code then the landlord must return it to you and can not use it.

Expert:  Loren replied 1 year ago.

Are you online with me?

Expert:  Loren replied 1 year ago.

By the way, partial payments will not protect you from eviction other than after the 5 day notice.

Expert:  Loren replied 1 year ago.

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