Question

How many months behind in rent does it take to be evicted?

I am currently living with a family member to help them out in paying the rent and bills but I am not on the lease to live in the apartment. I advised the landlord that I was staying in the apartment and have been living there for the last 6 months. The landlord said that she will not put me on the lease but instead has another person on the lease that had abandoned the lease and apartment. She says that she will not do this because she wants more deposit for the apartment. I am refusing to pay the rent for this month upcoming and am curious to know how long can a landlord wait to try and have someone evicted from an apartment. This means how many months behind in rent can a person be before a judge would order an eviction. I live in Chicago,IL.
The landlord was made aware of a defective stove in the unit 25 days after my relative moved into the unit. The oven on the electric stove caused a small fire due to the fact that the stove is over 30 years old. The stove was just replaced yesterday after 5 months of the landlord knowing of this issue and she refused to replace it at all as she said it was our duty to fix it or deal with it as is. She also stated that she was going to do nothing about it because she wanted more deposit money from us stating that it was on the lease when it is not on the lease. Plus the lease that she has in place is invalid at this time due to the fact that the apartment is being technically subleted to myself with her knowledge.

3 years ago - 9 answers

Best Answer

Chosen by Asker

1 day.

None of the other BS matters.

If you do not pay rent you can be evicted.

The landlord can start the day after rent it due, and it will take about 3 weeks.

3 years ago

Other Answers

That's up to the landlord, but refusing to pay is just stupid. You stay, you must pay.

by Common Sense - 3 years ago

It depends on what the rental agreement states (the contract to live in the apartment). It is up to the landlord. Technically they could have you evicted just a few days after your missed payment. Sometimes they give you up to 30 days to pay, etc. It depends on YOUR landlord and the contract the tenant signed with the landlord.

by J.R.K. - 3 years ago

If you are not on the lease, it doesn't take long-you have no legal right to be there. If your family member decides to side with you & not pay his rent & let someone not on the lease to live there, then the landlord will file an eviction notice at court. My parents who were land lords, would file a notice when the rent was more than 3 days late (they rented in a bad area and many tenants played the game every month), get a court date, if they won, it would depend how busy the sheriff's office was to schedule a date for the eviction to be served but you can get someone out within a month before rent is due again.

by liveinmd - 3 years ago

1 month

by Kerry Rian - 3 years ago

A landlord can serve you a 3 day notice the first day you are late in most states. It is ILLEGAL in most states to withhold the rent without a court order. You are just begging to get evicted.

No landlord ever has any legal obligation to put any one on a lease. Nor are they ever legally required to remove someone that broke the lease. It is also legal to require a larger deposit when tenants add people to the rental. More people can mean more cleaning and damages. She has not done anything wrong here & YOU are the one breaking the law.

EDIT: It is illegal to withhold rent over any repair issues with out a court order. Yes she did have an obligation to fix the stove but you are putting the law on her side by illegally withholding the rent. NO! The lease is NOT invalid. Subleasing does NOT void the original lease. The person on the original lease remains responsible for the unit.

You need to educate yourself on the laws before you get self righteous & Indignant. That will just get you sued. YOU are still the one breaking the law here, NOT the landlord.

Source(s)

by Wildcat - 3 years ago

It does not take months. Eviction proceedings can legally commence after rent is 1 day late.

by reenzz - 3 years ago

The very second a tenant is late in paying rent, even if it's the first time, the landlord can begin the eviction process. If rent is due on the first, and it is not in the landlord's hands by 12:01AM on the second, s/he can immediately give notice to cure or vacate. The landlord doesn't have to put up with it.

You have no right to screw your landlord out of her money.

by cowgrl - 3 years ago

Months??? Try days. If the rent is due the 1st of the month and not paid, the eviction process can be started on the 2nd day.

by real estate guy - 3 years ago