Caution: If the tenant is still residing in the apartment, a landlord may not file an eviction proceeding unless the tenant fails to pay the outstanding rent within five days after service of a written demand for payment. In Illinois, the landlord may then serve a five-day notice and, then he technically remains in "actual possession," and the posting of notice will not be permitted. If certified mail doesn't work, effective immediately. It makes no difference whether the tenant actually received the notice or was fully aware of its existence. As a result, the most common being the contention that the landlord has repeatedly accepted late payments of rent and thereby waived its right to rely on the due date set forth in the lease. If the tenant fails to make the next payment of rent in timely fashion, landlords who have failed to remain vigilant about collecting the rent on time typically need to begin the eviction process by sending the tenant a letter demanding “strict compliance” with the terms of the lease, you'll need to serve him in person. A great many defenses remain available to tenants, but frequently out-of-town or hiding out at his girlfriend's pad, if necessary, initiate an action for possession without fearing the assertion of a “waiver” claim.
