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Eviction of a Tenant for Being Chronically Late With the Rent

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  • 12-29-2016, 01:03 PM
    lawfacts
    Eviction of a Tenant for Being Chronically Late With the Rent
    A landlord in Illinois has a tenant who is habitually late with the rent, and he wants to evict her. Although she has always eventually paid the rent, he is tired of dealing with the lateness. What does the landlord have to do to evict her?
  • 12-29-2016, 01:48 PM
    Mr. Knowitall
    Re: Eviction of a Tenant for Being Chronically Late With the Rent
    The landlord should check to see if there are any local ordinances that affect eviction proceedings. Speaking generally, and with the possibility that a local ordinance may change the procedure:

    If the tenant is a month-to-month tenant, the landlord may serve a thirty-day notice to terminate the tenancy. The landlord should be sure to use a proper notice, and to serve it properly. If the tenant does not move by the end of the notice period, the landlord may file an eviction action.

    If the tenant has a longer lease, the landlord may serve a pay-or-quit notice if the tenant is late on her rent, but she can pay the rent during the notice period, and may be able to raise other defenses to an eviction action. The landlord may want to consider biting his lip until the end of the lease term, then not renewing or extending the rental. A pay-or-quit notice can also be filed on a month-to-month lease, but the only way to ensure that the tenant will have to move at the end of the notice period is through the use of the thirty day notice.

    The landlord should keep in mind that a chronically late tenant will often completely stop paying rent when served with notice to quit, and that it can take six to eight weeks (sometimes longer) to get an eviction order starting at the end of the notice period.
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