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This question came from one of our users:
What Happens if You Can’t Pay Rent in Illinois and Get a 30-Day Eviction Notice?
In the state of Illinois, you can stay in the unit at your own risk, and most legal advocates would advise against you doing so. But this is only allowed for a certain amount of time until a sheriff shows up at your door to forcibly remove you from the premises.
A lawyer or legal advocate would tell you to try to move out within that 30-day window because if you receive a summons and complaint of Forcible Entry, you are given a much smaller window to leave, and you must appear in Court. Usually, it’s about a five-day window from the day the Court accepts the order from the landlord. Once you appear in Court, you will have to give a formal statement in front of a judge as to why you have not moved out or fully executed your lease agreement.
If you can pay back the payment of rent owed, I would advise you to do so and do so promptly. This way, the landlord can relinquish their eviction efforts, and you would be back on schedule.
Although as a tenant, you must remember, a landlord can end your lease for any reason whatsoever. If they end your lease, you must move out – even if you’re on time with your rent payments. If you must appear in court with a Forcible Entry Order, you have a right to
- Have legal representation at your own cost.
- Have a trial by jury
- Present evidence
- Call witnesses
- Ask questions
Along with your formal statement, you will make in your defense. Once it is time for you to leave, your landlord can not lock you out – but a Sheriff must evict you. But you do have some options, as mentioned in the details.
If you pay, could you stop the case? The answer is – yes. You can formally stop the eviction if you pay the rent during the 5-day notice period. This can be after you receive your order as well. Usually, this gives on average a person around 60 days of nonpayment before they have to be in Court, which gives someone 60 days to find a new job, anywhere in the country.
As far as deposits are concerned, in the event of an eviction, you forfeit your deposit because it will be utilized to cover unpaid rent. Remember, it is your right and responsibility to pay rent on time each month. If you are expectant, you are going to be late – communicate with your landlord and pay what you can.
Communication can save you years of denials due to evictions being on your housing records. Reach out to family and friends to see if they can help you get some of the rent. Your landlord might accept partial payments in the event of an emergency or unusual loss of employment.
Designed for general information use only. The content above does not constitute legal advice or the formation of an attorney/client relationship.
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