House & Apartment

This guest blog post was written by Tobias Franklin, NextGen Innovation Fellow at the ‎American Bar Association.

The answer A written statement used to respond to the complaint or petition in a lawsuit to this question often depends on how far your eviction A court case brought by a landlord to get a tenant to move out has progressed, and whether you pay all the rent due or a partial amount. We’ll talk about the different steps of an eviction in Illinois, so that you can understand the impact of making a payment to your landlord An owner of property who rents it out to a tenant .

The first step in an eviction in Illinois is for the landlord to serve Giving court documents to someone you with a 5-day notice. This is a letter informing you that you have overdue rent, and that you must pay the overdue rent within 5 days. If you don’t pay all the rent due within 5 days, your landlord has the right to take you to court and try to evict you from your home.

Before 5-day notice

If you haven't received a 5-day notice, you're not in the eviction process yet. If you pay your landlord the full amount due at this stage, you avoid the need for the landlord to serve you with a 5-day notice. Your landlord could also accept partial payment, and still serve you with a 5-day notice, because you have unpaid rent.

Received 5-day notice

If your landlord has sent you a notice of unpaid rent, and you pay all the rent owed within the 5-day period, the eviction process stops. If the landlord wanted to evict you, they would need to restart the process with another notice. Note that if you only pay back part of the rent owed, the eviction continues unless your lease says otherwise.

After 5-day notice period

If you pay your rent after the 5-day notice period ends, the law is different in Chicago and the rest of Illinois.

In Chicago, if the landlord takes the rent, they can't evict you for not paying rent. The only exception is buildings with 6 units or less where the landlord lives in the building. Keep in mind that your landlord needs to accept the payment, just sending the money owed is not enough. If your landlord rejects the payment, your eviction continues. The landlord cannot reject the payment if this is your first time paying the rent after a 5-day notice period and you also pay filing fees and costs. Read more about your rights in Chicago.

Outside of Chicago, the situation is not clearly addressed in the law. The outcome may depend on a ruling from a judge.

Written agreement about partial payment

No matter where you are in the eviction process, you can come to an agreement with your landlord. If you have a written agreement with your landlord that allows you to stay if you pay partial rent, your landlord can't evict you. You need an agreement in writing, a conversation may not be enough.

Negotiating with your landlord

If you receive a 5-day notice, you may be able to negotiate with your landlord for partial payment. Try to get your landlord to allow you to pay the remaining rent later. Your landlord should also agree to hold off on evicting you once the 5-day notice is up. If your landlord doesn’t agree to hold off, they could still evict you once the notice period ends. Editor's note: If your building is covered by the Chicago Residential Landlord-Tenant A person who rents a space Ordinance A law or rule made by a local government like a town or city (RLTO), you may be able to make a one-time payment after the 5-day notice. If the landlord has already filed eviction proceedings, try to get your landlord to agree to seal the case so that it does not show up in court record searches, which could make it more difficult for you to rent properties in the future.

Month-to-month tenants

If you don't have a written lease, Illinois law considers you a month-to-month tenant. If this is your situation, and your landlord serves you with a 30-day notice to end the lease, your landlord can't accept the next month's rent. If they do, they have renewed the lease for another month. You are then allowed to stay in your home for another month.

The best way to make payments

If you make partial or full payment of overdue rent, you should make payments in a way that leaves a written record. Don't pay your rent with cash or a money order. Instead, pay your rent by check, credit card, or bank transfer. That way, if there is a dispute later about how much rent you have paid, you have a record to back up your story.

This information is posted as a public service by Illinois Legal Aid Online and its partners. Its purpose is to inform people of their legal rights and obligations. Talk to a lawyer Someone who represents clients in courts or who gives legal advice if you have questions about how this information applies to you.