Walk It Through: Rent And Possession
No separate notice, rent tendered at the hearing, and a lock that is not a court order.
Rent is late. The landlord asks for it, and a week later you are served with a summons.
Two things a person in this spot might do. Picking one shows what the law says about it.
One rent case and one lockout. Leases that have run out, property left behind after the sheriff executes, and what a court awards in a forcible entry case are not set out here.
A practice walkthrough, not a prediction of how any real one will go. Legal information, not legal advice.
Words this turns on
Terms with a legal meaning that is narrower than the everyday one. Each links to the definition and the authority behind it.
- Month to month tenancyA tenancy either side may end by written notice stating it ends on a rent paying date at least one month after the notice is received.
- Rent and possessionThe case a landlord files with an associate circuit judge when rent is due, has been demanded and is not paid, summoning everyone in the home to show cause why possession should not go back to the landlord.
- AbandonmentA unit treated as abandoned only if the landlord reasonably believes the tenant moved out for good, rent has been unpaid for thirty days, and the tenant does not answer a posted and mailed notice within ten days.
- Forcible entry and detainerWhat a landlord is guilty of who removes or excludes a tenant without judicial process and a court order, removes the doors or locks, or willfully interrupts electric, gas, water or sewer service.