Landlord’s 5 Day Notice for nonpayment of rent

Below, you will find a general example of an Illinois Landlord’s Five Day Notice for Nonpayment of Rent. The five day notice is usually prescribed by the Illinois Forcible Entry and Detainer statute as the notice necessary to institute an action for an eviction for a tenant’s nonpayment of rent. Be aware that a number of situations can affect, change, or override the time legally required for a five day notice to be valid (such as the terms of a written lease). The requirements for the contents that must be included in the five day notice are technical. Do not attempt to prepare or serve the notice without a knowledge and understanding of the applicable law. This is a form legal document and may or may not be suitable for your situation. Always consult an attorney before acting!

We can assist you with the proper preparation of a five day notice. For a fee of $100, we will review your tenancy situation (oral or written) and prepare a five day notice that can be delivered to you via fax or email. Contact us or give us a call at 773-399-1122.

LANDLORD’S FIVE DAY NOTICE

STATE OF ILLINOIS )
) ss.
COUNTY OF COOK )

To: ……………………………………………………
………………………………………………………….
………………………………………………………….

YOU ARE HEREBY NOTIFIED that there is now due the undersigned Landlord, the sum of ………………………., being rent for the premises situated in the City of ………………………………………. and County of …………………………….. , State of Illinois and described as follows, to wit:

The property at …………………………………………………………… Unit Number ……………., City of ………………………………….. , Illinois ……………….., together with all buildings, sheds, closets, out-buildings, garages, barns, and other structures used in connection with said premises.

YOU ARE FURTHER NOTIFIED that payment of said sum so due has been and is hereby demanded of you and that UNLESS PAYMENT THEREOF IS MADE ON OR BEFORE THE EXPIRATION OF FIVE DAYS AFTER THE SERVICE OF THIS NOTICE, YOUR LEASE OF SAID PREMISES WILL BE TERMINATED FIVE DAYS AFTER SERVICE OF THIS NOTICE.

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.

Dated this ……….. day of ………………………………., 2012.

………………………………………………………………………….
LANDLORD OR LANDLORD’S AGENT

AFFIDAVIT OF SERVICE

I, …………………………………………………………, being duly sworn, on oath deposes and says that on the ………….. day of …………………………………., 2012 (s)he served the within Notice on the tenant named therein by delivering a copy thereof to ………………………………………………………………………………………. at …………………………………………………………………….
………………………………………………………………………..
(signature of person delivering notice)

SUBSCRIBED and SWORN to before me
this …………… day of ……………………………….., 2012

………………………………………………………………………….
NOTARY PUBLIC

DISCLAIMER: Please Note: this form is a general example of an Illinois five day notice to terminate a tenancy for nonpayment of rent. The appropriate form that any particular person should use may be different and will vary based upon individual circumstances. This form should not be relied upon as legal advice. The use of this form by any person viewing this webpage does not constitute an attorney-client relationship with our firm.  An attorney client relationship only exists when the client is offered and accepts a signed engagement letter and makes the required advance payment. Always consult an attorney before taking any steps to notify or evict a tenant. The law is constantly changing and this form may not apply to your situation. This form is not an example for use in any State other than the State of Illinois. No representations or warranties are made as to the suitability of this form to your situation.

Please consult a lawyer before taking ANY action.