Business & Tech

Out-Of-Work Elmhurst Resident Fights Eviction

Landlord sends 5-day notice of eviction while the governor temporarily halts such proceedings.

Daniel Marcinkowski, whose stage name is Danny Rhodes, has lived in the apartment building at 290 Montrose Ave. for 13 years.
Daniel Marcinkowski, whose stage name is Danny Rhodes, has lived in the apartment building at 290 Montrose Ave. for 13 years. (Google Maps)

ELMHURST, IL — An out-of-work actor who lost his day job as a restaurant server is behind on his rent. The Elmhurst resident acknowledges that and says he informed his landlord about his situation.

Daniel Marcinkowski, whose stage name is Danny Rhodes, has lived in the apartment building at 290 Montrose Ave. for the last 13 years. After the pandemic started, acting work dried up. And Marcinkowski was furloughed from his restaurant job in March and laid off for good a week ago.

"I have paid my rent through August. I have never been late until COVID hit," Marcinkowski said in an interview.

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Last Friday, Oak Brook-based Aim Realty Group, which manages the apartment building, emailed Marcinkowski informing him that he would be served with a five-day notice of eviction in three days for nonpayment of September and October's rent.

The company told him to pay his rent over the weekend before the papers are processed by the server to avoid more costs, court fees and collection service.

Find out what's happening in Elmhurstfor free with the latest updates from Patch.

In a reply, Marcinkowski said he could not be evicted under Gov. J.B. Pritzker's executive order. Since March, the governor has ordered that the state government and all of its entities halt eviction proceedings temporarily during the pandemic.

Pritzker has extended the order several times. The latest order lasts through Nov. 14.

In his email to Aim Realty, Marcinkowski said he had made a partial payment less than a month ago.

"Also, right now, you legally cannot give me a five-day eviction notice," he said.

He told Patch his rent was about $1,100 a month.

In a brief interview, a person answering the phone at Aim Realty said he did not want to speak publicly about a particular tenant's situation. But he said the company would follow the letter of the law and only do what is legally acceptable.

Marcinkowski said the letter feels like he is being kicked while he is down.

"I'm already playing Sophie's Choice on what bills to pay," he said.

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