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I have a tenant that has not paid her rent do by the 5th of…

I have a tenant...

I have a tenant that has not paid her rent do by the 5th of each month she has no lease is just month to month I about to go give the 5 days notice what’s next?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Chicago ill

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

No she just does not want to pay her rent she keeps giving me excuses for not paying rent.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

She has 3 kids and has her Boyfriend and brother that help her with rent.

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Answered in 46 minutes by:
11/23/2017
Bill Attorney
Category: Legal
Satisfied Customers: 2,613
Experience: Attorney
Verified

Dear Customer ,

Thank You for posting your landlord-tenant lawn question today. I'm attorney Bill assisting you with your eviction law question today.

In Chicago after serving a five day notice to quit for non-payment of rent you can file a forcible entry and detainer suit with the court if the tenant fails to pay on the 7th day after service.

You can file in the circuit court in the county where the property is located; you are entitled to file for possession and if applicable past due rent at the same time.

Just bear in mind the fact :

"Section 5-12-130(g) of the Chicago Residential Landlord and Tenant Ordinance, provides that any acceptance of partial back rent by a landlord will operate as a waiver of the right to recover all remaining unpaid rent described in the five-day notice "

So you can proceed with a circuit court case to obtain possession and past due rent if you haven't accepted partial payments.

Please follow up with me if you need more assistance.

I'm an independent legal expert and rely on your positive feedback today to get a credit.

You do this by rating 5*****, 4**** or better.

So I hope you rate FIVE SARS TODAY.

Thank You

Attorney Bill

Bill Attorney
Category: Legal
Satisfied Customers: 2,613
Experience: Attorney
Verified
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Customer reply replied 7 months ago
Thank you for your advise.
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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