If a landlord didn’t serve a 5 day notice to the tenant, can they winan eviction case?

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If a landlord didn’t serve a 5 day notice to the tenant, can they winan eviction case?

Asked on January 10, 2012 under Real Estate Law, Illinois

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If your state law requires the landlord to serve a five day notice to pay or quit, you may be able to delay the eviction but a) it does not mean you no longer owe rent for the time you occupy the property and b) it just means the landlord may have to re-notice. Essentially, you may wish to concede and waive the notice requirements if it would mean that you would invetitably wind up owing more money.


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