I am in university housing(regular apartment with lease. And the school claims that they gave me 30 day 10 day and 5 day notices. I did not get them. They said that they clipped it to a clip on my door. So the first warning I got was the actual eviction. Can they do this?? I mean im sure somebody took them off my door. I am in Illinois.
2007-02-08 05:19:39 · 11 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
The general procedure for eviction is clipping an eviction notice to your door.
If you were late on your rent you should take the responsibility to talk to the manager and the landlord to rectify the problem. Many will allow you to catch up and stay in good standing if you make the effort. But if you just ignore the rent, you will get evicted and each states is diffeent in how long you get to vacate the property.
Want to stop the eviction? All you have to do is pay them part of your rent. This stops it in its tracks if they accept it. Make sure you get a receipt. Then if you do not pay the next month the eviction starts all over again. They can not evict you if you are making some type of payment. It becomes harder for them. But if they stop accepting partial payments you then better get current because they can kick you out.
University Housing may be different, look at your lease or paperwork and read it closely. Even have an attorney look at it if you prefer. Many cities have free counsel for low income and I am sure a student is low income.
Good Luck
2007-02-08 05:30:31 · answer #1 · answered by Nevada Pokerqueen 6 · 0⤊ 0⤋
Because MOST states mirror each other with their eviction laws...the below is essentially the requirements which do NOT require you to be served "directly" with a "hand to hand" service.
"The notice shall be served on the defendant at least six days before the return day of the process and may be served on the defendant anywhere within the state. The return of the service thereof by any sheriff or constable of the state is sufficient, or proof of the fact may be made before the judge. A copy of the notice shall be personally served upon the defendant. If the sheriff or constable is unable to serve the defendant personally, service may be had by delivering the notice to any person who is sui juris residing on the premises, or if after reasonable effort no person is found residing on the premises, by posting a copy of the notice on the door of the premises, and on the same day of posting or by the close of the next business day, the sheriff, the constable, the person filing the complaint, or anyone on behalf of the person, shall mail notice of the filing of the unlawful detainer action by enclosing, directing, stamping, and mailing by first class a copy of the notice to the defendant at the mailing address of the premises and if there is no mailing address for the premises to the last known address, if any, of the defendant and making an entry of this action on the affidavit filed in the case."
2007-02-08 13:34:23 · answer #2 · answered by KC V ™ 7 · 0⤊ 0⤋
Check your rental agreement. Check with the school their policies on eviction notices, what happens if you did not receive one, etc..
see what their appeal process is.
Pay your rent!
O.K. so I did a little legal research ( I am a paralegal from Canada), anyways, from what I understand, your student housing follows the laws of Illinois. According to Illinois Landlord Tenant eviction notices they need to be served one of 3 ways, personal service on tenant, or personal service on someone over the age of 12 or by certified or registered mail.
I have included a link for you. Good luck!
http://www.illinoisprobono.org/index.cfm?fuseaction=home.dsp_content&contentID=854
2007-02-08 13:32:59 · answer #3 · answered by doodles 3 · 0⤊ 0⤋
No, an attempt to deliver it in person has to made once and after that as long as they leave it in a "visible" place for the renter to see it they do not have to make another attempt. You could try to fight it legally but I don't know if it is worth it to you. But you might be able to not have it go against your credit.
2007-02-08 13:24:09 · answer #4 · answered by Anonymous · 0⤊ 0⤋
In Kentucky, an eviction notice has to be hand delivered by the sheriffs office so if I were you thats who I would call.
2007-02-08 13:28:07 · answer #5 · answered by shirley e 7 · 1⤊ 0⤋
It depends on the state. In Virginia, they don't have to personally announce it in person or on the phone. They can simply tape it to your door. Whether you got it or not, they'll have a police escort waiting on the assigned date to flush you out of there.
2007-02-08 13:31:46 · answer #6 · answered by Karma 6 · 0⤊ 0⤋
No, but it should have been mailed with a return receipt for proof.
2007-02-08 13:35:05 · answer #7 · answered by Anonymous · 0⤊ 0⤋
they need proof the notices were posted....(sworn affidavit from server)..or sent a registered letter
2007-02-08 13:25:55 · answer #8 · answered by Robert P 6 · 0⤊ 0⤋
I am pretty sure they don't have to deliver them personally.
2007-02-08 13:23:02 · answer #9 · answered by Lepke 7 · 1⤊ 0⤋
No. It does not. Well at least in Ohio it does not.
2007-02-08 13:22:24 · answer #10 · answered by Reported for insulting my belief 5 · 1⤊ 0⤋