Dealing with tenants who stop paying rent can be stressful for property owners, especially in Chicago and surrounding counties like Cook and Will. Knowing the correct steps to follow is not just about recovering payment. It is about protecting your property, staying compliant, and avoiding legal missteps. Based on guidance from Landmark Property Management, this blog will walk you through exactly what to do when rent stops coming in.
Step 1: Check Your Lease Terms and Grace Period
Start by reviewing your lease agreement. When is rent officially late? If rent is due on the 1st and there is a grace period, confirm the exact deadline. If that grace period falls on a weekend or holiday, rent is typically due the next business day. Make sure both you and your tenant are clear on these dates.
Step 2: Send a Friendly Reminder
Before escalating the situation, consider giving the tenant a reminder. A simple text, email, or phone call can resolve issues like forgotten payments or mail delays, especially if this is the tenant's first offense.
Step 3: Deliver a Formal Non-Payment Notice
If reminders do not resolve the issue, or if this has become a recurring problem, send a formal notice. First, confirm the rent has not been paid by checking your records, including online payment systems. Then send a notice that includes:
The overdue rent amount
Any late fees as stated in the lease
The consequences of failing to pay
Keep detailed documentation of all communications. This is important if the case moves to court.
Step 4: Serve a 5-Day Pay or Quit Notice
If rent remains unpaid, it is time to serve a 5-day pay or quit notice. This gives the tenant five calendar days to either pay what is due or move out. The notice must be served correctly, usually through personal delivery.
In Cook County, tenants are given a "pay and stay" right. This means that even after receiving the notice, they are allowed one opportunity to pay the rent and any related fees before the case proceeds. Will County follows the same statewide regulations.
Step 5: File for Eviction if Necessary
If the tenant still does not pay, you may file an eviction lawsuit. This is called a forcible entry and detainer action. In Cook County, your court summons must include a rental assistance notice in both English and Spanish. In Will County, a housing navigator might be available during court proceedings to help both landlords and tenants.
Evictions in Illinois must be carried out by the sheriff. It is illegal to remove a tenant or change the locks without following this procedure.
Consider Professional Help
Managing this process can be time-consuming and complex. Landmark Property Management can help with notices, rent collection, and court filings. They ensure everything is handled professionally and within legal bounds. This can save landlords a significant amount of time and stress.
Legal Disclaimers
Laws may change. Always consult a licensed attorney for updated legal advice.
This blog is for educational purposes only and should not be considered legal counsel.
Eviction timelines can vary, especially in Cook County, so patience and proper documentation are essential.
Conclusion
Be proactive. Know your lease, send reminders, follow up with proper notices, and act within the law. If needed, bring in a professional team like Landmark Property Management to guide you through each step.
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