eviction help needed for court on monday

[michaelrj9]

What is the name of your state? Illinois

I will try to make this as short as possible.

I sent a 5 day notice stating that I needed $1900 (a partial payment of the total balance of $5017) the 5 days was up on Feb 7th she gave me $1500 on the Feb 4th I did not agree in writing or verbal that $1500 was ok. It was just as "She said I have some money for you"

My question I really need help on is I wanted go to court on Monday to file the eviction complaint. When I get the court date will I have a problem if she says I gave him $1500?
And what will happen because the 5 day notice has 1 amount and when I fill out the eviction complaint do I put the new balance on it or keep it the same as the 5 day notice?

Any help will be appreciated.

MichaelWhat is the name of your state?

 

[LindaP777]

My question I really need help on is I wanted go to court on Monday to file the eviction complaint. When I get the court date will I have a problem if she says I gave him $1500?

Did you give them a receipt for the $1500? If so, did you spell out that it was being applied to "past due" rent or late fees?

 

[michaelrj9]

Did you give them a receipt for the $1500? If so, did you spell out that it was being applied to "past due" rent or late fees?

Hi,

Sorry I forgot to mention that there was no receipt giving for the $1500.

 

[johnd]

If tenant failed to pay full amount due in notice, you may still file. Simply state the facts under causes of action: $1900 was demanded per notice, only $1500 was paid, so you choose to pursue your right to evict.

 

[michaelrj9]

If tenant failed to pay full amount due in notice, you may still file. Simply state the facts under causes of action: $1900 was demanded per notice, only $1500 was paid, so you choose to pursue your right to evict.

I know nothing said here can be taken as real legal advice but just wanted to try to clairify in other peoples opinions that:


You don't think that I need to re-send a "new" 5 day notice because the amount is different now. Or can I just change the amount on the eviction complaint when I file it? Because the full amount on the original 5 day notice was not met anyways. I would really hate to have to re-send a new notice but then again I do not want to have trouble in court either.

Thanks for all your help everyone.

Michael
So you don't think there shouldn't be any problems in court saying you took some money even though nothing was in writting or verbal.

 

[Hot Topic]

It should be up to the tenants to prove that they paid and how much they paid.

 

[johnd]

I know nothing said here can be taken as real legal advice but just wanted to try to clairify in other peoples opinions that:


You don't think that I need to re-send a "new" 5 day notice because the amount is different now. Or can I just change the amount on the eviction complaint when I file it? Because the full amount on the original 5 day notice was not met anyways. I would really hate to have to re-send a new notice but then again I do not want to have trouble in court either.

Thanks for all your help everyone.

Michael
So you don't think there shouldn't be any problems in court saying you took some money even though nothing was in writting or verbal.

What did the notice require? If the notice was valid, and the tenants did not meet the requirements, you can evict because of their failure to follow the quit or pay notice...it's really that simple.

 

[michaelrj9]

What did the notice require? If the notice was valid, and the tenants did not meet the requirements, you can evict because of their failure to follow the quit or pay notice...it's really that simple.

I know I have the right to evict because of their failure to follow the 5 day notice that stated $1900.
But I am confused on what would happen in court because the amount has changed. I just did not want the judge to say that I need to resend a new 5 day notice because the amount has changed. Because when the notice was sent they owed $5017 and I would of accepted a partial payment of $1900 which they did not meet. But now as of today they owe $3517.

 

[johnd]

michael: Like I wrote, if they failed to meet the requirements of the notice...

Think about the ramifications of the question you're posting.
LL gives T 5 day to quit or pay $100.00.
T pays $1.00 of the required $100.00.
LL must now give T new 5 day for $99.00.
T pays $1.00 of the required $99.00.

Get the picture? The question that you're posting would result in a neverending circle of notice-payment-notice-payment. It simply doesn't work that way for the obvious reasons. Good luck.

 

[tntitansgirl]

Why did you accept a partial payment? I do not understand why you did not demand the full amount. On the eviction form, it seems like you should put the $5017.