Can't locate Tenant to serve 5day notice - Posted by Carl (IL)

Posted by scott in va on November 06, 2000 at 14:45:52:

First let me say that I love this site.I have been on here about 4 months and it has changed my life.I rarely post because like I said I am new and still learning.That being said I felt I had to post today.

The reason is you Jim I read your post awhile back on how you got into rei and it was very inspiring.I also read every post you make because I beleive you to be very informative and nice to newbies.But when I read today I dont’t know if you know carl but to give advise is one thing but to offer to help him with his problem in by going by on your time off is another.All I have to say is bravo.Keep up the kind words and advice and it just goes to show that there are nice people out ther making it happen.what you sow so shall you reap thanks for letting me ramble. scott

Can’t locate Tenant to serve 5day notice - Posted by Carl (IL)

Posted by Carl (IL) on November 06, 2000 at 13:26:38:

I have a tenant that is late on rent and I would like to issue a 5-day notice. I was informed by my Attorney that I have to give the notice in person unless the apartment has been vacated, (can’t post on the door even though my lease says that I can). The problem is that this person is rarely or never at the apartment. Has anyone encountered this situation and what options are available? This apartment is in Kane County Illinois. thanks.

Thanks for the info! - Posted by Carl (IL)

Posted by Carl (IL) on November 06, 2000 at 18:58:13:

JohnBoy,

I will discuss the state statute you posted with my attorney and see what he says.

Jim,
Thanks for the info and generosity!

-Carl

Re: Can’t locate Tenant to serve 5day notice - Posted by Jim IL

Posted by Jim IL on November 06, 2000 at 14:01:32:

Carl,
I am also in Kane County Illinois, and as far as I know, your attorney is wrong.
The state statute says that you can place the 5 day notice on the door.
I have done this myself.
But, if you really want to find this guy, feel free to give me a call.
I have had some pretty good luck in finding people before, as a former P.I. and cop.
Also, where in Kane County are you located?
If this guy is only home during the day, and you are not available to serve him, let me know.
Being full time REI, I can usually break away during the day to handle things.
And I’d be willing to assist you if I can.
Drop me and e-mail and I’ll give you contact info.

Take care,
Jim IL (Aurora area)

Re: Can’t locate Tenant to serve 5day notice - Posted by JohnBoy

Posted by JohnBoy on November 06, 2000 at 13:40:57:

Unless your County or Township has a Law that overrides the State Law, I think your attorney is wrong. Here is the ILL State Statue:

(735 ILCS 5/)

Part 2. Recovery of Rent;
Termination of Certain Tenancies

(735 ILCS 5/9-201)
Sec. 9-201. Recovery of rent. The owner of lands, his or her
executors or administrators, may sue for and recover rent therefor, or a
fair and reasonable satisfaction for the use and occupation thereof, by
a civil action in any of the following instances:

  1. When rent is due and in arrears on a lease for life or lives.
  2. When lands are held and occupied by any person without any
    special agreement for rent.
  3. When possession is obtained under an agreement, written or
    verbal, for the purchase of the premises, and before a deed is given the
    right to possession is terminated by forfeiture or non-compliance with
    the agreement, and possession is wrongfully refused or neglected to be
    given upon demand, made in writing, by the party entitled thereto. All
    payments made by the vendee, or his or her representatives or assigns,
    may be set off against such rent.
  4. When land has been sold upon a judgment of court, when the party
    to such judgment or person holding under him or her, wrongfully refuses
    or neglects to surrender possession of the same, after demand, in
    writing, by the person entitled to the possession.
  5. When the lands have been sold upon a mortgage or trust deed, and
    the mortgagor or grantor, or person holding under him or her, wrongfully
    refuses or neglects to surrender possession of the same, after demand,
    in writing, by the person entitled to the possession.
    (Source: P.A. 83-707.)

(735 ILCS 5/9-202)
Sec. 9-202. Wilfully holding over. If any tenant or any person who
is in or comes into possession of any lands, tenements or hereditaments,
by, from or under, or by collusion with the tenant, wilfully holds over
any lands, tenements or hereditaments, after the expiration of his or
her term or terms, and after demand made in writing, for the possession
thereof, by his or her landlord, or the person to whom the remainder or
reversion of such lands, tenements or hereditaments belongs, the person
so holding over, shall, for the time the landlord or rightful owner is
so kept out of possession, pay to the person so kept out of possession,
or his or her legal representatives, at the rate of double the yearly
value of the lands, tenements or hereditaments so detained to be
recovered by a civil action.
(Source: P.A. 83-707.)

(735 ILCS 5/9-203)
Sec. 9-203. Holding over after notice. If any tenant gives notice
of his or her intention to quit the premises which are held by him or
her, at a time mentioned in such notice, at which time the tenant would
have a right to quit by the lease, and does not accordingly deliver up
possession thereof, such tenant shall pay to the landlord or lessor
double the rent or sum which would otherwise be due, to be collected in
the same manner as the rent otherwise due should have been collected.
(Source: P.A. 82-783.)

(735 ILCS 5/9-204)
Sec. 9-204. Rent in arrears - Re-entry. In all cases between
landlord and tenant, where one-half year’s rent is in arrears and
unpaid, and the landlord or lessor to whom such rent is due has the
right by law to re-enter for non-payment thereof, such landlord or
lessor may, without any formal demand or re-entry, commence an action of
ejectment for the recovery of the demised premises. In case judgment is
entered in favor of the plaintiff in the action of ejectment before the
rent in arrearage and costs of the action are paid, then the lease of
the lands shall cease and be determined, unless the lessee shall by
appeal reverse the judgment, or by petition filed within 6 months after
the entry of such judgment, obtain relief from the same. However, any
tenant may, at any time before final judgment on the ejectment, pay or
tender to the landlord or lessor of the premises the amount of rent in
arrears and costs of the action, whereupon the action of ejectment shall
be dismissed.
(Source: P.A. 82-280.)

(735 ILCS 5/9-205)
Sec. 9-205. Notice to terminate tenancy from year to year. Except as
provided in Section 9-206 of this Act, in all cases of tenancy from year
to year, 60 days’ notice, in writing, shall be sufficient to terminate
the tenancy at the end of the year. The notice may be given at any time
within 4 months preceding the last 60 days of the year.
(Source: P.A. 82-280.)

(735 ILCS 5/9-206)
Sec. 9-206. Notice to terminate tenancy of farm land. In order to
terminate tenancies from year to year of farm lands, occupied on a crop
share, livestock share, cash rent or other rental basis, the notice to
quit shall be given in writing not less than 4 months prior to the end
of the year of letting. Such notice may not be waived in a verbal lease.
The notice to quit may be substantially in the following form:
To A.B.: You are hereby notified that I have elected to terminate
your lease of the farm premises now occupied by you, being (here
describe the premises) and you are hereby further notified to quit and
deliver up possession of the same to me at the end of the lease year,
the last day of such year being (here insert the last day of the lease
year).
(Source: P.A. 82-280.)

(735 ILCS 5/9-206.1)
Sec. 9-206.1. Life tenancy termination; farmland leases.
(a) Tenancies from year to year of farmland occupied on a crop
share, livestock share, cash rent, or other rental basis in which the
lessor is the life tenant or the representative of the life tenant shall
continue until the end of the current lease year in which the life
tenant’s interest terminates unless otherwise provided in writing by the
lessor and the lessee.
(b) Whenever the life tenancy of the lessor terminates not more
than 6 months before the end of the tenancy of the lessee but before the
beginning of the next crop year, the lessee of the farmlands is entitled
to reasonable costs incurred in field preparation for the next crop
year, payable by the succeeding life tenant or remainderman.
As used in this Section “farmland” means any property used primarily
for the growing and harvesting of crops; the feeding, breeding and
management of livestock; dairying, or any other agricultural or
horticultural use or combination thereof, including, but not limited to,
hay, grain, fruit, truck or vegetable crops, floriculture, mushroom
growing, plant or tree nurseries, orchards, forestry, sod farming and
greenhouses; the keeping, raising and feeding of livestock or poultry,
including poultry, swine, sheep, beef cattle, ponies or horses; dairy
farming; fur farming; beekeeping; or fish or wildlife farming.
(Source: P.A. 89-549, eff. 1-1-97.)

(735 ILCS 5/9-207)
Sec. 9-207. Notice to terminate tenancy for less than a year. In
all cases of tenancy from week to week, where the tenant holds over
without special agreement, the landlord may terminate the tenancy by 7
days’ notice, in writing, and may maintain an action for forcible entry
and detainer or ejectment.
In all cases of tenancy for any term less than one year, other than
tenancy from week to week, where the tenant holds over without special
agreement, the landlord may terminate the tenancy by 30 days’ notice, in
writing, and may maintain an action for forcible entry and detainer or
ejectment.
(Source: P.A. 82-280.)

(735 ILCS 5/9-208)
Sec. 9-208. Further demand. Where a tenancy is terminated by
notice, under either of the 2 preceding sections, no further demand is
necessary before bringing an action under the statute in relation to
forcible detainer or ejectment.
(Source: P.A. 83-707.)

(735 ILCS 5/9-209)
Sec. 9-209. Demand for rent - Action for possession. A landlord or
his or her agent may, any time after rent is due, demand payment thereof
and notify the tenant, in writing, that unless payment is made within a
time mentioned in such notice, not less than 5 days after service
thereof, the lease will be terminated. If the tenant does not within the
time mentioned in such notice, pay the rent due, the landlord may
consider the lease ended, and sue for the possession under the statute
in relation to forcible entry and detainer, or maintain ejectment
without further notice or demand. A claim for rent may be joined in the
complaint, and a judgment obtained for the amount of rent found due, in
any action or proceeding brought, in an action of forcible entry and
detainer for the possession of the leased premises, under this Section.
Notice made pursuant to this Section shall, as hereinafter stated,
not be invalidated by payments of past due rent demanded in the notice,
when the payments do not, at the end of the notice period, total the
amount demanded in the notice. The landlord may, however, agree in
writing to continue the lease in exchange for receiving partial payment.
To prevent invalidation, the notice must prominently state:
"Only FULL PAYMENT of the rent demanded in this notice will waive
the landlord’s right to terminate the lease under this notice, unless
the landlord agrees in writing to continue the lease in exchange for
receiving partial payment."
Collection by the landlord of past rent due after the filing of a
suit for possession or ejectment pursuant to failure of the tenant to
pay the rent demanded in the notice shall not invalidate the suit.
(Source: P.A. 83-1398.)

(735 ILCS 5/9-210)
Sec. 9-210. Notice to quit. When default is made in any of the
terms of a lease, it is not necessary to give more than 10 days’ notice
to quit, or of the termination of such tenancy, and the same may be
terminated on giving such notice to quit at any time after such default
in any of the terms of such lease. Such notice may be substantially in
the following form:
"To A.B.: You are hereby notified that in consequence of your
default in (here insert the character of the default) of the premises
now occupied by you, being, etc., (here describe the premises) I have
elected to terminate your lease, and you are hereby notified to quit and
deliver up possession of the same to me within 10 days of this date
(dated, etc.)."
The notice is to be signed by the lessor or his or her agent, and no
other notice or demand of possession or termination of such tenancy is
necessary.
(Source: P.A. 82-280.)

(735 ILCS 5/9-211)
Sec. 9-211. Service of demand or notice. Any demand may be made or
notice served by delivering a written or printed, or partly written and
printed, copy thereof to the tenant, or by leaving the same with some
person of the age of 13 years or upwards, residing on or in possession
of the premises; or by sending a copy of the notice to the tenant by
certified or registered mail, with a returned receipt from the
addressee; and in case no one is in the actual possession of the
premises, then by posting the same on the premises.
(Source: P.A. 83-355.)

(735 ILCS 5/9-212)
Sec. 9-212. Evidence of service. When such demand is made or notice
served by an officer authorized to serve process, the officer’s return
is prima facie evidence of the facts therein stated, and if such demand
is made or notice served by any person not an officer, the return may be
sworn to by the person serving the same, and is then prima facie
evidence of the facts therein stated.
(Source: P.A. 82-280.)

(735 ILCS 5/9-213)
Sec. 9-213. Expiration of term. When the tenancy is for a certain
period, and the term expires by the terms of the lease, the tenant is
then bound to surrender possession, and no notice to quit or demand of
possession is necessary.
(Source: P.A. 82-280.)

(735 ILCS 5/9-213.1)
Sec. 9-213.1. Duty of landlord to mitigate damages. After January
1, 1984, a landlord or his or her agent shall take reasonable measures
to mitigate the damages recoverable against a defaulting lessee.
(Source: P.A. 84-1043.)

(735 ILCS 5/9-214)
Sec. 9-214. Lease defined. The term “lease,” as used in Part 2 of
Article IX of this Act, includes every letting, whether by verbal or
written agreement.
(Source: P.A. 82-280.)

(735 ILCS 5/9-215)
Sec. 9-215. Remedies available to grantee. The grantees of any
leased lands, tenements, rents or other hereditaments, or of the
reversion thereof, the assignees of the lessor of any lease, and the
heirs, legatees and personal representatives of the lessor, grantee or
assignee, shall have the same remedies by action or otherwise, for the
non-performance of any agreement in the lease, or for the recovery of
any rent, or for the doing of any waste or other cause of forfeiture, as
their grantor or lessor might have had if such reversion had remained in
such lessor or grantor.
(Source: P.A. 83-707.)

(735 ILCS 5/9-216)
Sec. 9-216. Remedies available to lessee. The lessees of any lands,
their assigns or personal representatives, shall have the same remedy,
by action or otherwise, against the lessor, his or her grantees,
assignees or his, her or their representatives, for the breach of any
agreement in such lease, as such lessee might have had against his or
her immediate lessor. This section shall have no application to the
covenants against incumbrances, or relating to the title or possession
of the premises demised.
(Source: P.A. 82-280.)

(735 ILCS 5/9-217)
Sec. 9-217. Rent recoverable by representative, from subtenant. When
a tenant for life demises any lands and dies on or after the day when
any rent becomes due and payable, his or her executor or administrator
may recover from the subtenant the whole rent due, but if such tenant
for life dies, before the day when any rent is to become due, his or her
executor or administrator may recover the proportion of rent which
accrued before his or her death, and the remainder man shall recover for
the residue.
(Source: P.A. 82-280.)

DITTO what scott said! - Posted by Brad TX

Posted by Brad TX on November 06, 2000 at 15:17:38:

Keep up the great posts Jim. I look forward to them.

Brad