Can an eviction notice be legally served by leaving it a the foot ofa tenant’s apartment door?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can an eviction notice be legally served by leaving it a the foot ofa tenant’s apartment door?
A “Landlord’s 5-Day Notice to Quit Under Section 9-209” was left in the hall at foot of my apartment door. Is it legal to serve notice this way?
Asked on September 9, 2010 under Real Estate Law, Illinois
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
It is my understanding that in Illinois the service of a 5 day notice to quit must be made personally or to a person over the age of 13 that regularly resides in the apartment ("suitable age and discretion" is how it is generally termed). It is my understanding that it can not be posted unless it is clear that the tenant has vacated the apartment. I would double check by going down to your local landlord tenant court and asking someone for help. They can not give you legal advice but they can point you in the right direction. At the very least you can raise service as an issue in the action for detainer that will be brought once you have not vacated the apartment after the expiration of the 5 days. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.