Received a text messages at 10:17 am stating I have court in maywood il a 9:30 am for court because I'm being evicted. I had no idea I had court nor did my land lord even bother to leave a summons or note on my door. Just sent a text from the lady upstairs reminding me of court date. She stated Ms V (land lords daughter) called her & asked her to go down stairs to notify me when she woke up. Can I stay at work & not go to court due to the fact I was not served?? Can the judge even allow someone to be evicted without being properly served a court date

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Originally Posted by ant4303

... Can I stay at work & not go to court due to the fact I was not served??? Can the judge even allow someone to be evicted without being properly served a court date

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There has to be a return of service in the court file before the eviction will be ordered. The problem is that you don't know that there isn't one, falsely indicating that you were served in a specified proper manner.

You could call the clerk of court and ask, go to the courthouse and review the court file, or (depending on availability per your jurisdiction) check for an online docket to see.

If you don't show, in all likelihood the judge will issue an eviction order by default.

So I would show up, tell the judge you never received any notice to vacate or summons to appear. Ask for a continuance. Do you have any idea what the grounds fro eviction are?

Let us know what happens

Ok I think I understand... So there has to be some type of proof saying I was served besides a text messages I can not be evicted if I read that correctly. I can not just abandon my patients to leave work & go to court. I would like at least to request a day off work ahead of time or to know about a court date. I will try to go to the court house after work. Im afraid of getting my things thrown out or having a warrant now. Do they need to send someone out to serve me properly now or will the case be dismissed?

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Originally Posted by ant4303

Ok I think I understand... So there has to be some type of proof saying I was served besides a text msgs I can not be evicted if I read that correctly. I can not just abandon my patients to leave work & go to court. I would like at least to request a day off work ahead of time or to know about a court date. I will try to go to the court house after work. Im afraid of getting my things thrown out or having a warrant now. Do they need to send someone out to serve me properly now or will the case be dismissed?

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From what you indicate, you were not properly served with process.

But we do not know that the court knows this. Normally what should occur is this: a process server, or perhaps a peace offcier, should give the papers to you in person. Then that person would file with the clerk of court a paper which is called a "return of servce". This would be an affidavit that he or she went to your house (or someplace), and gave the papers (known a "process", including a summons and a copy of the complaint that had been filed in the court) to you, or a person of suitable age and discretion residing in your "usual place of abode".

This evidently did not happen. But it's quite possible that someone filed a retun stating that he/she served you. It could be, for example, that the process server thought it was you, although it wasn't really you. If this is the case, and you do nothing, the judge will probably enter an order that you be evicted. If this happens, a peace officer will show up to the premises in a few days and tell you that the judge has ordered him/her to kick you out, at that time.

Therefore it is important that you find out if a return of service has been filed. If it hasn't, of course, the hearing will be postponed until you can be properly served.

Have you previously been given a notice saying that your landlord would sue to evict you? Depending on where you are, this would have been perhaps 30 days in advance of such suit, or maybe less, depending on circumstances.

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Originally Posted by ant4303

I can not be evicted if I read that correctly. I can not just abandon my patients to leave work & go to court.

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You need to contact the court preferably BEFORE the scheduled hearing time. If you don't show up without a continuance, then the judge could enter an eviction order. So you need to find out what the disposition of the case, is and find out today.

You can be evicted, if you do not get a postponement or continuance. If you get a continuance then you will be deemed as properly served. The case won't be dismissed.

Again, I ask if there were any grounds for eviction.

There was no way to contact court before hearing. I received a text at 10:17am court was at 9:30 & I was & still am at work. I was just told if there is no return of service in the court file that I could not get evicted. I called court house who told me they won't know anything until tomorrow. I did ask my neighbor if she saw any paperwork or accepted any for me & she stated no she just got the text at 7:10am to remind me & when she work up at 10:17 she sent me the forwarded message. I get off at 4 I'm going to try to get there before they close

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Originally Posted by ant4303

There was no way to contact court before hearing. I received a text at 10:17am court was at 9:30 & I was & still am at work. I was just told if there is no return of service in the court file that I could not get evicted. I called court house who told me they wont know anything until tomorrow. I did ask my neighbor if she saw any paperwork or accepted any for me & she stated no she just got the text at 7:10am to remind me & when she work up at 10:17 she sent me the forwarded msg. I get off at 4 im going to try to get there before they close

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Not that it changes things, but I didn't previously understand that the hearing was today.

Several possibilities:

1. Your landlady is representing herself and doesn't understand how it is supposed to work. She knew that the hearing was scheduled, but failed to hire a process server to serve you. In that case, the court would have either dismissed or postponed the hearing
   
2. A process server served someone, but not you. In that case, you would have to move to quash the return of service and the eviction order.
   
3. A process server was hired, but failed to serve you in time. In that case, the results would be the same as in (1).

Good luck, and keep us posted, but you still haven't answered whether there is grounds for eviction. Are you up to date on your rent? Is your lease expired? Did you breach the lease in some way. Also any question on law needs to know your general local as laws vary by area.

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Originally Posted by ScottGem

... Also any question on law needs to know your general local as laws vary by area.

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Scott, you must have overlooked this (Post #1):

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Originally Posted by ant4303

... maywood il ...

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Sorry I only owe money for this month & 200 from last month a total of $935. I have not been told why I'm being evicted my land lord has not returned my calls. I did get into two yelling matches with my land lords mother. She kept coming into my house unannounced took my stove out & my garbage. Almost a month ago I was sleep from working third shift & woke up half naked with my maintenance man, orkin man & her in my hall way & living room.I started yelling & basically kick all of them out holding a sheet wrapped around me. After that I called the land lord & told her if I caught her mom in my house again I would file charges. After that she has not answered my calls. I sent the 200 I owed her from last month & she sent my money order back with a return to sender stamp on it along with a letter saying find a place to live because their putting my apartment up for rent. Basically I'm pretty sure I'm being evicted for coursing her mom out & not allowing entry without a 24hour notice

Whoops did miss that.

Following are some pertinent parts of the eviction process for Illinois found here:
http://www.law.siu.edu/selfhelp/info...%20in%20IL.pdf

THE EVICTION PROCESS
STEP 1: SEND YOUR NOTICE TO EVICT TO THE TENANT:
Before you can start the process of eviction, you must send a notice to the tenant of your
Intention to evict them.. . You can send the notice by certified or registered mail with a return receipt requested or you can leave it with the tenant or with someone who lives with the tenant who
Is at least 13 years old. If the tenant has moved from the premises, you can post the notice on
The door.
STEP 2: WAIT UNTIL NOTICE PERIOD EXPIRES
Depending on which notice you used, you will either have to wait 5, 10, or 30 days
Before you can proceed with filing your eviction complaint.
STEP 6: FILE THE COMPLAINT:
Take the Complaint form to the Circuit Clerk and tell him/her that you wish to file your
Complaint.
STEP 7: SEND A COPY OF THE COMPLAINT TO THE TENANT
Using the sheriff, you will need to "serve" the tenant with your complaint. If the tenant
Lives in Illinois, you should use Packet #1 of the Court series. If the tenant does not live in the State of Illinois, you should use the how to serve
Someone outside the State of Illinois packet and supplement.
If you do not know where the tenant lives, you can serve by publication which is
(discussed in a separate packet), but any claims for money (e.g. like past due rent or
Damages) will be postponed until the tenant is served in person. You still, however, can
Get possession of the premises through publication.

As you can see there are some very specific processes for informing you of an intent to evict. Did you receive any notice of intention to evict? You already said you did not receive any summons for the hearing.

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Originally Posted by ant4303

... woke up half naked with my maintenance man ...
Basically im pretty sure im being evicted for coursing her mom out & not allowing entry without a 24hour notice

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If you are month-to-month, she doesn't need a reason to evict you; but does have to give you due notice.

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Originally Posted by ant4303

Sorry I only owe money for this month & 200 from last month a total of $935. I have not been told why im being evicted my land lord has not returned my calls. I did get into two yelling matches with my land lords mother. She kept coming into my house unannounced took my stove out & my garbage. Almost a month ago I was sleep from working third shift & woke up half naked with my maintenance man, orkin man & her in my hall way & living room.I started yelling & basically kick all of them out holding a sheet wrapped around me. After that I called the land lord & told her if I caught her mom in my house again i would file charges. After that she has not answered my calls. I sent the 200 I owed her from last month & she sent my money order back with a return to sender stamp on it along with a letter saying find a place to live because their putting my apartment up for rent. Basically im pretty sure im being evicted for coursing her mom out & not allowing entry without a 24hour notice

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Ahh now we are getting the facts. Sorry, but since your rent is not up to date, then she can give you a 5 Day pay or quit notice. Did you receive such a notice?

Second, from the same site:
Q: When can the landlord enter my apartment/home?
A: Unfortunately, there is no rule or law in Illinois which states when a landlord can or can't enter the property he/she is renting. As such, the general rule is that a landlord may enter with reasonable notice during reasonable times except in case of an emergency unless a local ordinance or the lease agreement specifically states otherwise.
Keep in mind that a renter does have a right to use enjoy the premises and the landlord cannot interfere unreasonably with that right by frequently entering the property or failing to give notice of entry.

This doesn't specify what reasonable notice is. And pest control could be considered an emergency. Also, they may have thought that you would not be home at that time and that it was OK to do the exterminating.

It certainly may be that the landlord is retaliating for your threats, but the fact is you are leaving an opening by being late on your rent. You will need to go into the hearing prepared to pay in full. And, if you have chronically been late, then the landlord may not have to accept it.

I suggest you plan on finding a new place. Even if you can get out of the eviction this time, this will not be a comfortable place for you to live.

I have a 12 month lease so I'm not month to month. She has given me a 5 day notice in march but that was paid in two days when I received my check. April I paid on time, may and 625 of June so I owed the $200 which rolled over in to July. Than I sent that money order but got it back. I have the money for July as well but she won't answer a call. Did not send in the mail because she probably going to send it back. This makes no sense, no notice 5,10 or 30 day was given. Not one note on door or a summons but she's at my property almost everyday gardening or remodeling the 3rd floor apt. My mom babysits for me & says she says hi to her almost every other day while she is outside playing with my son. I feel she purposely didn't give me a notice or court date because they are trying to be slick & doesn't want me to tell the judge about her mom entering, the mold I called the village about. They finned her 400 for everything that was wrong. Even though she may have it out for me its not a reason to be unprofessional.

That she gave you a 5 day notice in March is important. It shows that she knows the proper procedure. I assume you have a copy of the MO and the return to sender card. This may help once you get to court. Also the mold complaint.

Here's another good link for you:
http://illinoisattorneygeneral.gov/c...rights0404.pdf
Specifically:
The Illinois Retaliatory Eviction Act prohibits your landlord from evicting you for complaining to any governmental authority (housing inspector, human rights commission, etc.).

But her claim will be you are being evicted for non payment. That this is the second time you have been late. And the facts are in her favor. The good news for you is that, since you were not properly served, in this instance she may be forced to accept the rent due, which then satisfies the pay or quit. Since you have a lease she can't terminate it until its up unless for breach.

Good luck and let us know how it turns out.

Yes I saved both. Every letter I send or money order I send with signature confirmation so I have detailed info on mail coming back. Saved 5 day notice from march & her text messages saying received rent & cancel 5day notice confirmation. Thank you both so much for your help

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Originally Posted by ant4303

Yes i saved both. Every letter I send or money order I send with signature confirmation so I have detailed info on mail coming back. Saved 5 day notice from march & her text msgs saying received rent & cancel 5day notice confirmation. Thank you both so much for your help

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Glad we could assist and I'm really curious how this turns out so please come back and let us know.

I'm also curious, you mentioned patients before and third shift. Are you an intern, nurse, doctor? Feel free to decline to answer if I'm being nosy.

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Originally Posted by ScottGem

Glad we could assist and I'm really curious how this turns out so please come back and let us know.

I'm also curious, you mentioned patients before and third shift. Are you an intern, nurse, doctor? Feel free to decline to answer if I'm being nosy.

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Its OK I'm nosy as well
Yes I am a registered nurse working in the maternity ward at Loyola hospital. If I wouldve know about the court date wouldve at least scheduled off. If we don't request off 10 days prior most likely it will not be approved unless someone cover's my shift.

Explain that to the court, that you need at least 10 days notice to take the time off.