This is the next post in my series on the process which landlords must go through in order to evict a tenant in Peoria and other Illinois areas. My last article discussed handling evictions when there is no lease between the parties. Such situations are known as “at will” tenancies and a landlord may not simply kick out a tenant. Instead, there is a process which they must go through. Similarly, this article will be expanding upon that discussion by going over the process which must be followed when a tenant’s lease has expired. If you are a property owner and are in need of assistance then contact us today to speak with an eviction lawyer.
When a tenant overstays their lease in Illinois then they automatically become a month-to-month tenant with the original rental terms (except for duration) still in place. This means that a tenant must continue to pay the same amount of rent and meet any other obligations placed on them by the original lease. A tenant who has overstayed their lease in this manner must give the landlord thirty days notice before vacating the property. Also, a landlord may not automatically remove a tenant if their lease has expired and they are still in the property. If a tenant does not vacate the property voluntarily then the landlord’s only option is to go through the eviction process. The landlord is required to give the tenant a thirty day notice to vacate the property.
The best way for a landlord to protect their rights is to serve a tenant with a thirty day Notice to Quit before they may file an eviction action with the Court. Many landlords make the mistake of sending the tenant a letter or email letting them know that they wish to take the property back in thirty days, but they do not serve a Notice to Quit. This means that if the tenant in such a situation does not leave then an additional thirty days must pass, after the Notice is served, before an eviction can be filed. The best way for a landlord to protect their rights, therefore, is to serve the Notice concurrently with any other communication meant to inform the tenant that they must leave in thirty days. This will allow the landlord to immediately file an eviction action if the tenant does not vacate.
Evicting a tenant with an expired lease is straightforward as they have no legal right to the property. Absent unusual circumstances, the Court will typically grant the eviction. Retaining an attorney can assist you with ensuring that your matter is handled correctly and that your case is presented to the Court in a proper fashion. My office is available to handle such matters on behalf of landlords and we pride ourselves on providing the highest level of service. Contact us online or by telephone to speak with a Peoria eviction lawyer. I also serve the counties of Fulton, Knox, LaSalle, Marshall, Mason, McLean, Putnam, Rock Island, Schuyler, Stark, Tazewell, and Woodford.