How far behind on your rent do you have to be before an eviction can be filed?

Get Legal Help Today

 Secured with SHA-256 Encryption

How far behind on your rent do you have to be before an eviction can be filed?

Asked on January 5, 2012 under Real Estate Law, Illinois

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Once the date for payment has passed, if you have not paid your rent for that month (assuming you pay monthly), then legally you are in default of the terms of your tenancy. This is true whether you have a written or oral lease. At that point your landlord may file an eviction lawsuit (i.e. an "unlawful detainer"). However, the due date is also subject to any grace period as listed in your lease. For example, some leases provide for 3 or 5 days as such a period. After that, if you have not still paid the rent that you owe, your landlord can sue for eviction.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption