lease agreementThis is the next post in my series on the process landlords face when they wish to evict a tenant in Peoria or other Illinois areas. My last article discussed the common question of “how long does an eviction take?” It is important to understand that the amount of time which the matter will take will depend on the reason for the eviction, the Court’s docket, and other factors. The most important part in moving the matter along is to make sure all documents are promptly being filed with the Court. An attorney can assist you in this regard. In this article I will discuss the handling of evictions when there is no lease between the parties. If you are in need of assistance then contact us today to speak with an eviction lawyer.

It is not uncommon for tenants to rent a home from a landlord without a long-term formal lease. Such situations are known as “at will” rental agreements. These types of arrangements typically involve a tenant paying an amount of rent each month. Since there is no formal lease, the landlord is free to provide the tenant with modified rental terms as long as at least thirty days notice is given. These modified rental terms may include increased rent, restrictions on pets, etc. Also, the tenant is free to inform the tenant that they must vacate the property within thirty days. Likewise, a tenant is free to simply move out, without owing any additional rent, as long as they give the landlord at least thirty days notice that they intend to vacate the property. Both the landlord and the tenant need not give any reason why they are ending the arrangement (although the landlord cannot end the arrangement for discriminatory or other illegal reasons).

Before filing an eviction against a tenant, the landlord must provide a Notice to Quit. When the reason for asking the tenant to leave is the end of an “at will” arrangement, then the Notice must provide at least thirty days for the tenant to leave. If the tenant does not vacate the property by the end of the thirty days, then the landlord may file an eviction action. It is not uncommon for a landlord to inform the tenant that they must leave within thirty days, but for the tenant to refuse to vacate. If the landlord did not include a Notice to Quit when they told the tenant to leave within thirty days, then an additional thirty days will be added to the process to allow the Notice to run its course. Fortunately, taking proper steps can ensure that the matter proceeds as timely as possible.

If an at-will landlord decides that they wish to reclaim the property in thirty days, then they may immediately serve the tenant with a thirty day Notice to Quit. If the tenant does not vacate the property then the requisite notice will have already been provided and the landlord may proceed to an eviction action. This means that the landlord can typically have the tenant removed within a few weeks of the tenant staying over their deadline. Again, how any given case will be handled will always depend on the specifics of the situation and it is best to discuss your matter with an attorney.

If you are a landlord and need assistance with removing a tenant then contact my office today to speak with a Peoria eviction lawyer. My office understands that time is of the essence in such matters and we will make your case a priority. Contact us online or by telephone today. I also serve the counties of Fulton, Knox, LaSalle, Marshall, Mason, McLean, Putnam, Rock Island, Schuyler, Stark, Tazewell, and Woodford.