Can an eviction notice be legally served by leaving it a the foot ofa tenant’s apartment door?

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Can an eviction notice be legally served by leaving it a the foot ofa tenant’s apartment door?

A “Landlord’s 5-Day Notice to Quit Under Section 9-209” was left in the hall at foot of my apartment door. Is it legal to serve notice this way?

Asked on September 9, 2010 under Real Estate Law, Illinois

Answers:

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

Answered 11 years ago | Contributor

It is my understanding that in Illinois the service of a 5 day notice to quit must be made personally or to a person over the age of 13 that regularly resides in the apartment ("suitable age and discretion" is how it is generally termed).  It is my understanding that it can not be posted unless it is clear that the tenant has vacated the apartment.  I would double check by going down to your local landlord tenant court and asking someone for help.  They can not give you legal advice but they can point you in the right direction.  At the very least you can raise service as an issue in the action for detainer that will be brought once you have not vacated the apartment after the expiration of the 5 days.  Good luck.


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