If a landlord didn’t serve a 5 day notice to the tenant, can they winan eviction case?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 12 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.