Is a 5-day notice for an eviction valid if my lease says that 30 days must be given?

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Is a 5-day notice for an eviction valid if my lease says that 30 days must be given?

My lease says I am entitled to a 30-day “Notice of Default” but my Landlord gave me a 5-day Notice and has since filed a “Forcible Entry and Detainer” complaint alleging $6000 in back rent. My rent is $1100 monthly. I was served with a summons to appear in Court to Answer. Can I ask the Court to dismiss the complaint due to lack of improper notice?

Asked on November 17, 2010 under Real Estate Law, Illinois

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Even though I am sure that you have written here what you believe the pertinent parts to your lease may be, it is very difficult for a person to give guidance in this situation without reading it in its entirety (or at least the bigger portion here).  Generally speaking the law allows a landlord certain accelerated processes for eviction based on certain issues like non-payment of rent.  The lease is a contract between the parties and arguably you could negotiate a different deal than the basics under the law, but as long as it does not violate the law in any way.  Sounds like a lot of legal mumbo jumbo, sorry.  But whether or not this is "improper notice" remains to be seen - or read - in conjunction with the lease and the law.  Seek legal help.  Good luck.


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