I have a friend who may be getting evicted. What are her choices in Chicago?

Question

My friend has fallen behind on her rent. She just started a new job. The landlord has given her a 5 day notice. They want her to pay half of the month owed but she is unable to. Mind you, this isn't her first time getting notices, and she has had a hard time paying her rent due to unemployment and unstable job conditions.

If she wants to get a new place in a nice neighborhood, what are her chances of doing so. For renting, and using her last landlords as references, should she do that to get a leg up? What are the options available to her?

Much appreciate your answers!

She just wants to know the procedures to expect, in Chicago. And also what her rights are for the eviction and getting a new place (hopefully).

Thanks!

Answer 1

While I don't know Chicago specifics, the process typically starts with the "pay or quit" notice your friend has received which is legally necessary for the landlord to give before they can begin the formal eviction process.  Next comes an invitation to eviction court to give your side of the story and where it is determined what is owed and whether or not the lease can still be honored.  Then comes the sheriff to remove the tenant and their belongings from the property.  If the landlord is only looking for half the months rent it sounds like they are making an effort to work with your friend, so I suggest she be as honest as possible with them about her dilemma

Having and eviction or a bad reference from a previous landlord makes it twice as hard for renter to find another place (especially in a nice area).  if she is lucky enough to find a willing landlord, she may have to pay a much larger deposit (to protect the landlord from another possible default).  Your friend would probably benefit from getting a roommate and it is possible that the landlord will rely on the better credit rating of the roommate to secure the lease.  Or it is also common for a family member to "co-sign" a lease to secure the monthly rent.

Answer 2

The landlord does not have to accept anything less than what is owed him.  He has bills to pay, also, and finding a new paying tenant.

I certainly would not use him as a reference.  All a new landlord would have to find out is that she was evicted for not paying rent to send her rental application into the garbage.  

Hopefully she will be on track soon.

Answer 3

First of all - The landlord is under no obligation to accept ANY rent once the eviction process has been started.  They were being very nice to offer her to stay if she could pay part of it, they did not have to offer that.

Second of all - It will be VERY hard for her to rent someplace else with an eviction for non-payment on her record.

Her only option is to try to find someone that will overlook her past payment issues - but that will be very hard.

Answer 4

Call the Center for Renter's Rights in Chicago, www.renters-rights.com for options.  Although, if she has a new job, she should take out a loan at one of those payday loan spots or why can't you help her?  The 5 day notice doesn't mean anything.  She still has to appear in court to be evicted properly and it will take the sheriff at least 30 days to come remove her things from the property.  Can she live with you?  Sounds like you'd be a good roommate.

Answer 5

She's not going to get a good reference from a landlord that had to evict her for not paying her rent.  Can she move in with someone for a few months while she gets herself a bit of savings so she can pay her new security deposit as she will not likely be getting hers back from this landlord and she can also give herself a cushion of money that would be equal to two or three months rent so this doesn't happen to her again.  She is probably not going to get a good place in a nice neighborhood right now as she is not going to be able to pay there either if she can't pay at this place.  She does have to move if she can't come up with the rent money in the time specified.  

Answer 6

Once she is evicted it will be very hard, almost impossible to get anyone to rent to her.   She has screwed one landlord, others will not be lining up to have her s***w them as well.

She needs to avoid the eviction, whatever it takes.   She really needs to keep this off of her credit report.

Answer 7

Her rental history is already tarnished since she has a habit of paying late & getting notices to quit. Her current landlord is not going to give her a positive reference.

Honestly, she should vacate per the 5 day notice and NOT force and eviction.

An eviction will ruin her rental history all together. If the landlord is smart, he'll sue her and her credit will be in the toilet as well. she'll end up with a court judgment against her for the rent owed, court costs, attorney fees and interest. The judgment can be renewed for up to 20 years, so it'll haunt her for a long time. Wages & bank accounts can be garnished and liens can be placed on (future) personal property.

With a negative rental history, owed money to a previous landlord, bad credit, an unstable employment history and possibly an eviction, she is going to have a hard time finding a decent place to rent - forget nice. Even without an eviction, she is going to have a tough time, but an eviction makes it d**n near impossible.

Should she attempt to leave this landlord off rental applications in the future, she'll likely be found a liar and rejected by the majority of future landlords.

It is very easy for a landlord to discover, through public records, when an applicant leaves off a previous address & landlord info. Generally, lying (by omission) is a valid reason to file the application in the trash bin.

As far as her rights.

She has the right to be evicted through the courts.

She will be served a summons to appear in court.

At the hearing, if she does not pay all rent owed + court costs + attorney fees, an eviction will be ordered against her.

If she fails to leave per the court order, the sheriff will physically put her out.

She will be ordered to pay the landlord any rent owed via a money judgment.