Q: Tenant only paid partial rent after the five day notice. Can I proceed with eviction?
My rental is located in Elgin, IL, Cook county. The tenant has been late every month since moving in. She does not respond to email, text, or phone calls. I was able to serve the five day notice, but she only paid partial rent. The five day notice clearly states that only full payment will waive my right to terminate the lease unless I agree to something else in writing. This said, I know I shouldn't accept anything less than full payment. However, my tenant pays rent by depositing it into my bank account so I don't really have the option to reject payment since I don't how much it is until it's already deposited. I still want continue with the eviction process, will this partial payment hinder it? What are the best steps to take?
It is unfortunate that this tenant is absolutely unresponsive to any of my attempts to contact her as I think it is always best to work things out with our tenant before involving the courts, but I have no other option with this one. Thanks.
A: If you properly served the statutory 5-day notice, you can proceed with the eviction even if the tenant deposited part of the rent.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
