What are the owners rights to evict a tenant in Illinois?
filed in One Bytes on Nov.14, 2009
My mother-in-law has a tenant that always insults her and does not treat her correctly. My mother-in-law is about 60 years old and lives alone. She is scared of the tenant which is about half her age. Also, the apartment needs alot of repairs. Can she evict the tenant by saying they need to move out so she can make repair to the apartment?..Also there is no lease
November 14th, 2009 on 10:25 pm
Your MIL doesn’t even have to go through the courts – yet. You need to check your states landlord and tenant laws but in most cases if there is no lease then your MIL can send the tenant a certified letter stating that he has 30 days to move. She can explain in the letter that she is planning on renovating – maybe this will go over better with the tenant. Just remember – if he freaks out and wants compensation or anything, you guys don’t owe him a thing cause there is no lease, all that is legally required is 30 days notice, but check your states laws to make sure you have everything covered.
November 14th, 2009 on 10:25 pm
If there is no lease then most places require a 30 day eviction notice. I’m not sure who you would go to to get a proper/legal eviction notice…maybe a county commission or lawyer. It may cost her a little bit to get the eviction notice, but it would be better to do it properly so that the tenant cound’t say anything later on. If the tenant is very rude to her and threatens her then perhaps she should also put a police report on file of their behavior just to have as proof.
November 14th, 2009 on 10:25 pm
Your MIL can terminate the tenancy with 30 days written notice. No cause or reason for the termination is needed and it is best NOT to give a cause or reason.
Here is a Typical Landlord’s 30 Day Eviction Notice:
http://www.illinoisprobono.org/index.cfm?fuseaction=home.dsp_content&contentID=647
Here is a web page with info regarding Illinois evictions and proper service of the termination notice, etc.:
http://www.rentlaw.com/eviction/illinoiseviction.htm
November 14th, 2009 on 10:25 pm
She can evict by giving 30 days written notice and she doesn’t have to give a reason. A landlord can take back their property anytime they want to. If the tenant doesn’t leave after the 30 days you proceed through the courts and most likely the court will give the tenant another 30 days, It can be a long process, but she will get them out. It makes no difference if there is a lease or not.