Legal Question in Landlord & Tenant Law in Illinois

My tennants lease is expiring. I do not want to renew it. I want them out. Do I have to go through the courts to get them out?


Asked on 3/14/11, 4:58 pm

1 Answer from Attorneys

If you have an oral lease and the term was a year, you're supposed to give minimum 60 days' notice (max. 4 months) to assure the lease ends. That doesn't mean they'll leave. You may have to go to the courts if they don't.

If the lease is in writing, theoretically they are supposed to leave when the term is up, with no notice required, unless there are provisions in the lease saying something else, and without looking at the lease, there's no way to tell for sure. Again, though, if they don't leave, you may have to go through the courts anyhow.

However, most leases do have a "holdover provision" in them so that if a tenant simply fails or refuses to move out, you can possibly hold them to some terms that could be onerous on them, which is one of the incentives for them to leave. Time to read your lease with them, if you have one.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

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Answered on 3/15/11, 7:52 am


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