What must my landlord do if he/she wants to have me evicted?
The Landlord must file a lawsuit against you. This lawsuit is called an "eviction action" or a "forcible action." Your landlord cannot have you
evicted unless they win this lawsuit.
Does my landlord have to provide me with a written notice before filing an eviction action against me?
Yes. The kind of notice required depends on the landlord's reason for terminating or refusing to renew your tenancy.
What if my landlord wants me to move when my written lease ends?
At least 30 days before your lease ends, your landlord must provide you with a written notice stating that he/she will not renew your tenancy.
Then, if you don't move he/she can file an eviction action against you.
If I have a written lease agreement, can my landlord have me evicted before it ends?
Only if you violate one of the lease provisions.
What if I'm behind in my rent?
Your landlord can give you a written demand for the rent. This demand is called a "5-day notice" because it states that your tenancy will end
unless you pay all the rent owed within no less than 5 days. If you fail to comply with this demand, your landlord can file a lawsuit against you. (If
you live in a CHA building, the notice must give you 14 days within which to pay the rent).
What should I do if I receive a 5-day notice?
Give your landlord all the rent you owe within the next 5 days. Bring a witness with you when you make your rent payment. That witness can then
testify on your behalf, if your landlord later denies that you paid or tried to pay the amount owed. Always pay with a check or money order. You
can then use the canceled check or money order receipt to prove you paid rent on a certain date.
What if the 5-day notice demands more rent than I owe?
Give your landlord just the amount you owe.
What if my landlord refuses to accept my rent within the 5-day period?
He/she gives up his/her right to file an eviction action against you. If he/she still files this action, call an attorney immediately.
For more information about enforcing your rights, seek the advice of an experienced landlord-tenant attorney.
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