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Thread: Email Eviction

  1. #1
    fakespace00 is offline Junior Member
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    Email Eviction

    Illinois

    I was behind in my rent, but paid up yesterday. Today I got an email from my landlord giving me 30 days to move out or they will have me arrested for trespassing.

    My question is this: Is the email legal form of eviction in writing? What if the email got lost in "webospere" or gone to my bulk/spam mail and I never saw it. Should she have to put the eviction in proper writing?

    My lease is a simple month to month thing

    Any advice will be appreciated. I have 2 kids and I really dont want to move. We have been here 3.5 years.
  2. #2
    Banned_Princess is offline Senior Member
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    Quote Originally Posted by fakespace00 View Post
    Illinois

    I was behind in my rent, but paid up yesterday. Today I got an email from my landlord giving me 30 days to move out or they will have me arrested for trespassing.

    My question is this: Is the email legal form of eviction in writing? What if the email got lost in "webospere" or gone to my bulk/spam mail and I never saw it. Should she have to put the eviction in proper writing?

    My lease is a simple month to month thing

    Any advice will be appreciated. I have 2 kids and I really dont want to move. We have been here 3.5 years.
    You do have proof that you paid it all up yesterday?

    The Email as a delivery method is not as solid as registered mail, so in your case you are free to try and say you never got any such email... but if you have communicated that way in the past, (replied to, or sent a email) it will be that much harder to try and say you conveniently didn't receive that particular email.

    In 30 days you will not be tresspassing, so that you can ignore, but if the LL is serious, after 30 days, and having not accepted rent, the LL can and will file in court to have you thrown out.

    If you want to act like you didnt get it, then pay your rent early next month, that way any written (email or other) request to terminate residency is voided when the LL accepts that rent.

    Never forget that in order to be thrown out in the street, there is a process, so until you get to the end of that process, you will have time to find another place, and hopefully move. (process of notice, being sued, going to court, having an eviction order signed by a judge, the time the judge gives you, then only the sheriff can perform the actual removal.)
  3. #3
    Gail in Georgia is offline Senior Member
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    Once again, there is a difference between an eviction and terminating a month to month tenancy.

    No landlord can evict anyone without a court order granting them the right to do so.

    However, in Illinois either side (the landlord/the tenant) can terminate a month to month tenancy by providing notice to the other party they are doing so:

    [url=http://www.illinoislawyerfinder.com/legalinfo/pamphlets/landlord.html]Landlord-Tenant[/url]

    No particular reason need to be given for terminating this type of tenancy. It is not specified as to whether this can also be provided via email; however, it is relatively easy to determine if one has opened their email when a message has been sent.

    Month to month tenancies can be useful for tenants who believe they may need to leave with relatively short notice (i.e., students, for example) but quite frankly, the provide little legal support for those tenants who were hoping to remain in a stable rental situation.

    Gail
  4. #4
    antrc170 is offline Member
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    Quote Originally Posted by Banned_Princess View Post
    You do have proof that you paid it all up yesterday?

    The Email as a delivery method is not as solid as registered mail, so in your case you are free to try and say you never got any such email... but if you have communicated that way in the past, (replied to, or sent a email) it will be that much harder to try and say you conveniently didn't receive that particular email.
    This is incorrect information. According to IL law 735 ILCS 5/8-211 there are only three ways to present an intention of eviction:
    1) in person to the tenant
    2) in person to a resident of the unit to a person above the age of 13 years
    3) by certified mail with a return reciept to the tenant

    An email will in no way suffice as a proper way to contact a tenant.
  5. #5
    Banned_Princess is offline Senior Member
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    Quote Originally Posted by antrc170 View Post
    This is incorrect information. According to IL law 735 ILCS 5/8-211 there are only three ways to present an intention of eviction:
    1) in person to the tenant
    2) in person to a resident of the unit to a person above the age of 13 years
    3) by certified mail with a return reciept to the tenant

    An email will in no way suffice as a proper way to contact a tenant.
    Thank you for that correction. That is good news for this OP.


    Some states are definitive, and others are vague.
  6. #6
    atomizer is offline Senior Member
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    Quote Originally Posted by fakespace00 View Post
    Illinois

    I was behind in my rent, but paid up yesterday. Today I got an email from my landlord giving me 30 days to move out or they will have me arrested for trespassing.

    My question is this: Is the email legal form of eviction in writing? What if the email got lost in "webospere" or gone to my bulk/spam mail and I never saw it. Should she have to put the eviction in proper writing?

    My lease is a simple month to month thing

    Any advice will be appreciated. I have 2 kids and I really dont want to move. We have been here 3.5 years.
    By saying you paid yesterday, do you mean you dropped a check in the mail box? If not, he is probably terminating because you are a chronic late payer or have been playing the hiding game.
    Last edited by atomizer; 02-10-2011 at 02:48 PM.
  7. #7
    fakespace00 is offline Junior Member
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    Quote Originally Posted by atomizer View Post
    By saying you paid yesterday, do you mean you dropped a check in the mail box? If not, he is probably terminating because you are a chronic late payer or have been playing the hiding game.

    No, I took cash directly to the LL. The LL and I had an agreement that I would pay yesterday. I actually was in the hospital and left against the dr's orders so that I could get to the bank and get the money to the LL...LL knew all this.

    Thanks for all the advice
  8. #8
    fakespace00 is offline Junior Member
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    Quote Originally Posted by antrc170 View Post
    This is incorrect information. According to IL law 735 ILCS 5/8-211 there are only three ways to present an intention of eviction:
    1) in person to the tenant
    2) in person to a resident of the unit to a person above the age of 13 years
    3) by certified mail with a return reciept to the tenant

    An email will in no way suffice as a proper way to contact a tenant.
    Thanks for this...where would I go to look this up so I may reference it should the need arise?
  9. #9
    Banned_Princess is offline Senior Member
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    Quote Originally Posted by fakespace00 View Post
    No, I took cash directly to the LL. The LL and I had an agreement that I would pay yesterday. I actually was in the hospital and left against the dr's orders so that I could get to the bank and get the money to the LL...LL knew all this.

    Thanks for all the advice
    Did you get a reciept for the cash?

    Because a court action can be sooner, if the LL claims rent has not been paid but you would need notice of that too.

    Again, a certified letter, or being personally handed a letter, is the only approved delivery method in your state.
  10. #10
    atomizer is offline Senior Member
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    If you are a month to month tenant, it may not matter that you paid your rent. You may also be getting a proper notice of termination soon. The email may have just been a heads up.
  11. #11
    antrc170 is offline Member
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    Quote Originally Posted by fakespace00 View Post
    Thanks for this...where would I go to look this up so I may reference it should the need arise?
    [url=http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=073500050HArt%2E+IX&ActID=2017&ChapAct=735%26nbsp%3BILCS%26nbsp%3B5%2F&ChapterID=5 6&ChapterName=CIVIL+PROCEDURE&SectionID=30760&SeqStart=65575000&SeqEnd=73000000&ActName=Code+of+Civi l+Procedure%2E]735*ILCS*5/*Code of Civil Procedure.[/url]

    This is the link that will take you to the part of the IL statutes that deals with civil procedure.
    EDIT: I need to correct my earlier post too, although the information is correct the proper citation for the law is 735 ILCS 5/9 - 211. Sorry for misprint.
  12. #12
    Banned_Princess is offline Senior Member
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    That link was long. LOL


    Try this, you will find the section on Landlord tenant law, when you scroll down the page...

    http://www.ilga.gov/legislation/ilcs...p?chapterid=62

    Here is the title page of that section...

    http://www.ilga.gov/legislation/ilcs...1&ChapterID=62


    Please let us know if we can clarify anything you don't understand.
  13. #13
    landlord51 is offline Member
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    Would it be true, then, regarding month-to-month's, that a landlord could still go any day and file for eviction once there are legit grounds (late or chronically late rent, for instance)? A landlord wouldn't have to always give the 30-day notice for termination before filing eviction with M2Ms, right? So...just wondering? I'm contemplating switching my multi-units to month-to-month, but still determining how this might be a benefit or not.

    I can't believe a landlord would really want to get rid of a great tenant who pays in full the first of every month with the exception of only one time as the result of an emergency hospital stay. Sounds fishy!
  14. #14
    Banned_Princess is offline Senior Member
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    Quote Originally Posted by landlord51 View Post
    Would it be true, then, regarding month-to-month's, that a landlord could still go any day and file for eviction once there are legit grounds (late or chronically late rent, for instance)? A landlord wouldn't have to always give the 30-day notice for termination before filing eviction with M2Ms, right? So...just wondering? I'm contemplating switching my multi-units to month-to-month, but still determining how this might be a benefit or not.

    I can't believe a landlord would really want to get rid of a great tenant who pays in full the first of every month with the exception of only one time as the result of an emergency hospital stay. Sounds fishy!
    Please dont hijack...

    We dont even know what state you are in, so please start your own question thread...
  15. #15
    landlord51 is offline Member
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    Sorry if that came off as a hijack..

    Just thought that it might be in fakespace's best interest to know the answer to that before fakespace plays ignorant on the email. Maybe s/he doesn't want an eviction on his/her record? Because if s/he stays and pretends to not receive the unofficial notice, the landlord may still file eviction withOUT having the written termination sent but instead on legitimate grounds for eviction, and risk a judgement against him/her, you know? But if a notice of written termination is required in that state before eviction, then fakespace gets extra time to stay and wait for the certified or hand delivered notice, wait out the 30 days, and then wait for the hearing date, too.

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