There are three general types of residential evictions:
1. Residential tenant is not paying rent.
2. Residential tenant never had a lease or has failed to move out after the lease has expired.
3. Residential tenant is violating a term of the lease. For example, the tenant is selling drugs out of his/her unit.
Residential Tenant Not Paying Rent
Most residential evictions arise because the tenant refuses or has failed to pay rent. In this instance, we can file an eviction lawsuit in court to obtain a back rent judgment for the amount of rent owed and/or to obtain possession of the property. Pursuant to 735 ILCS 5/9-209 of the Illinois Landlord Tenant Act, a landlord uses a 5-day eviction notice for non-payment of rent. However, in some areas of Illinois, such as Evanston, the proper notice for non-payment of rent is a 10-day notice. We work with you to ensure that the appropriate eviction notice is used.
Residential Tenant Never Moved Out or Lease Expired
Some residential evictions arise because the tenant is a month-to-month tenant. A tenant is considered a month-to-month tenant for one of three reasons:
- A tenant refuses or has failed to vacate the property after the lease has expired
- A tenant never entered into a lease agreement
- A tenant entered into a month-to-month lease agreement
Pursuant to 765 ILCS 705/16(d) of the Illinois Landlord Tenant Act, a landlord uses a 30-day eviction notice for a month-to-month tenant. We work with you to ensure that the 30-day eviction notice is drafted properly.
Furthermore, pursuant to 735 ILCS 5/9-202 Illinois Willful Holdover Statute, “A tenant who willfully stays after expiration of the lease term must pay double the value of the unit. The landlord must demand in writing possession of the premises before claiming double rent.” We work with you to ensure that a tenant is held responsible for the double holdover rental rate.
Residential Tenant is Violating Terms of Lease
Some residential evictions arise because the tenant is violating a term of the lease. For example, the tenant is selling drugs out of his/her unit. Pursuant to 735 ILCS 5/9-210 of the Illinois Landlord Tenant Act, a landlord uses a 10-day eviction notice for evicting a tenant who has defaulted on any of the terms of the lease. We work with you to ensure that the 10-day eviction notice is drafted properly.