Eviction Attorneys in Lisle, IL Here to Help
There are several reasons why a landlord may choose to evict a tenant. The act of eviction is used when a landlord needs to force a tenant out of a residence by breaking the rental agreement. If you are facing eviction, it can be one of the most stressful experiences you and your family encounter. The good news is that you have certain rights when dealing with an eviction. With the help of eviction lawyers in Lisle, IL, fight back against unfair eviction conditions with experienced legal counsel on your side.
How Much Notice Should an Eviction Include?
It is important to keep in mind the reason the eviction is being served will determine how much notice is given to the tenant. For instance, a failure to pay rent may be anything from a 30-day notice to a three-day notice. It will depend on the terms stated within the original lease document. If the eviction is a result of breaking the terms of a lease, such as a renter having a pet when pets are not allowed, the notice is more than a three-day but less than 30 days. The minimum time for an eviction notice is three days, but the tenant usually knows it is coming before then because of failure on their end to pay rent. A landlord cannot evict a tenant with a single day’s notice, and they also cannot evict a tenant without a reason.
What Happens During a Three-Day Eviction?
The most common type of eviction is the three-day eviction, wherein the landlord will issue an eviction stating the tenant has 72 hours to vacate the premises. When the 72 hours are up, the landlord returns with law enforcement to ensure the tenant leaves or to forcibly remove them if necessary. A three-day eviction is only used in a failure to pay eviction. It is illegal to use it in any other kind of eviction. In a three-day eviction, the eviction notice informs the tenant that they have three days to pay the rent or vacate the premises. If the tenant pays the rent during that time, the eviction must be withdrawn since the renter has met the conditions necessary to avoid eviction. The landlord must accept the payment and remove the eviction notice. If the landlord refuses to accept the rent due before the 72 hours expires and evicts the tenant anyway, that is grounds for legal action from the renter. However, if the renter tries to pay only a portion of the rent owed, the landlord has the right to refuse payment and continue with the eviction process. If you are facing eviction and worry you are being treated unfairly according to the law, speaking with an experienced eviction lawyer may be a good idea.
Why Do Evictions Happen?
Evictions happen for reasons other than a failure to pay the rent. While it is best to check with state law and an informed eviction lawyer, it is important to keep in mind the importance of the lease or rental agreement. When you sign the lease, you are agreeing to all of the terms and expectations outlined by the landlord within the document. For example, if your lease states that the landlord does not allow tenants to use recreational marijuana on the premises, and the landlord finds out you are doing that, they can evict you even though recreational use is legal in Illinois. Once you sign a contract or lease, you are expected to keep any agreements found within the document. A violation of any of the rules may result in an eviction.
Does the Tenant Have Rights During an Eviction?
The tenant has the right to fair notice of eviction, whether a three-day notice for failure to pay or 30-day notice for breaking a rental agreement outlined in the lease. It is up to the landlord how long the notice is, but the minimum is a three-day notice. The tenant also has the right to appeal an eviction. There are instances where a tenant is unfairly evicted, such as being accused of having a pet when they do not, or other lies a landlord may use to get the tenant out of the property. The tenant also has the legal right to pay the full rent amount within 72 hours to stop a failure to pay eviction. If this right is violated, the tenant may sue the landlord as a result.
Do I Need an Eviction Lawyer?
Evictions are a complex legal matter, and most people are unfamiliar with their rights. If you are facing eviction for any reason, speaking with an experienced eviction lawyer should be part of the process. Many evictions happen without following the letter of the law. As a result, tenants have their legal rights violated in evictions that could have been avoided. If you are facing an eviction, speaking with an eviction attorney may help you put together a case for why you should not be evicted or even how to sue the landlord for violating your tenant rights. An experienced eviction lawyer will be able to answer any and all questions as they pertain to your legal rights and eviction laws. They will also be able to help you compile the necessary documents and evidence to prove you are a victim of unfair eviction. When the case goes to court, your eviction lawyer will serve as your representative and liaison. They will speak with your landlord and their attorney so that you can avoid further conflicts and stress. Finally, an experienced eviction lawyer will represent your interests in a court of law before a judge if necessary.
Find Eviction Help Today
An eviction is always a stressful, trying time. You do not have to face eviction on your own. By hiring reliable legal counsel, you may be able to reverse an eviction or sue the landlord for unfair eviction practices. With our team of estate planning lawyers here to help, find the answers you need. Contact us today at (708) 575-1500 for a free consultation. Let us fight for your legal rights today.