Q: What happens when you get a 5 day notice?
If you get a 5 day notice, and you can't pay the rent due, what happens on the fifth day? I've gotten differing answers from laypersons. Some say on Day 5 your stuff is thrown out, some say that on Day 5 the apartment simply goes to court and "starts the process" of evicting you, and that the court may give you some time to get out.
A: If rent is not paid in full by the deadline of a properly served landlord's 5-day notice, the landlord must file a Complaint in Forcible Entry and Detainer (commonly referred to as an eviction) in the local circuit court, have a Summons and a copy of the Complaint served on the tenant(s), and proceed to hearing in court thereafter. The Summons notifies the tenant of when and where the first court hearing will take place; the Complaint tells the tenant what the landlord claims to be true.
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