Understanding Eviction Notices: 5-Day Notice for Not Paying Rent in Chicago
If you live in Chicago and rent a place to live, there are rules about what happens if you don't pay your rent on time. It's important to know your rights so you can make the best decisions for yourself and your family.
If a tenant doesn’t pay rent, the landlord can give a 5-day eviction notice. Illinois law says that a 5-day notice must include:
- Date of notice,
- Address of property and unit number (if any),
- Date lease will end (more than 5 days after the date of the notice),
- Amount owed (not including costs and fees), and
- That the tenant has 5 days to pay in full.
If the tenant pays within the 5 days, the landlord must take the money. If the tenant does not pay the overdue rent within those 5 days, the landlord can file an eviction case in court.
I don’t agree with the amount demanded. What can the landlord demand in the 5-day notice?
Even if the notice asks for more money than you owe, it might still be okay. That won’t invalidate the eviction notice or dismiss the eviction case. But if it asks for way too much money (like five times the amount actually owed) or if it severely harms the tenant, the landlord may have a problem.
The amount depends on several factors like what type of housing the tenant lives in.
| Federal Housing | Rent is treated separately from extra charges. The 5-day notice cannot include extra charges like utility charges, repair costs, late fees, and attorneys’ fees. A tenant who doesn’t pay an extra charge can’t be evicted for nonpayment of rent. 24 C.F.R. § 966.4(b) |
| Market-Rate Housing | The landlord’s demand for rent in the 5-day notice can include extra charges. |
Different Rules for Different Places
Depending on where you live and what kind of housing program you're in, the rules might be different:
| Type of Housing | Notice for Not Paying Rent |
|---|---|
| Market-Rate | Illinois law requires a 5-day notice to tenants for not paying rent. |
| Public Housing | Landlord needs to give at least 14 days' written notice. 24 C.F.R. § 996.4(l)(3)(i)(A). This notice should also let the tenant know about the right to request a grievance hearing before the notice expires. 24 C.F.R. § 996.4(l)(3)(ii).
|
Subsidized housing that uses the HUD model lease
|
The HUD lease says that when landlords give an eviction notice, it needs to let tenants know that they have 10 days to discuss the proposed lease termination. |
| Housing Choice Voucher or Project-Base Voucher | No extra time or grievance hearing. Just 5-day notice. |
| HOME Investment Partnership Program | The landlord needs to give a 30-day notice instead of a 5-day notice for not paying rent. 24 C.F.R. § 92.253(c). |
| Section 811 Supportive Housing for Persons with Disabilities | The landlord needs to give a 30-day notice instead of a 5-day notice for not paying rent. 42 U.S.C. § 8013(i)(2)(B)(2). |
Can the landlord refuse payment? Right to pay and stay in Chicago
In Chicago, most tenants have a one-time chance to repay the landlord after the 5-day notice. If the tenant pays the full amount of rent owed plus any filing fees the landlord has paid, then any eviction case that has been filed must be dropped.
This right does not apply to owner-occupied dwellings with 6 units or less.
The above article provides information about legal issues but is not the same as legal advice. Legal advice is when a lawyer applies the law to your specific situation. The information in this article does not replace the advice or representation of a licensed attorney. Law Center for Better Housing cannot guarantee the accuracy or completeness of the information in this article and is not responsible for any consequences that may result from using it. You should consult with a licensed attorney to ensure the information in this article is appropriate for your specific situation. Using the information in this article does not create a relationship between Law Center for Better Housing and you as your attorney.