Legal Question in Landlord & Tenant Law in Illinois

1. A five-day notice does not give you the right to enter the property if they do not move out. You must file an eviction lawsuit and get an "order of possession". That can take upwards of a month. The judge may grant the tenant a "stay of execution" meaning that they could remain in the place until the end of the stay, which could be anywhere from a week to a month - if there are children figure longer. If they resist to the bitter end only the Sheriff can remove them, at which time you can have all their possessions removed, including the car, at your cost, which you would then have to sue them for.

2. If they move out after you give them the 5-day notice, the conservative approach is to get an order of possession anyhow. The process is shorter but until you get the order you are at some risk for entering the property.

3. "Abandoned" - this is tricky and depends on several facts. They could later claim you wrongfully disposed of the car. If they owe you rent, you may be able to cut a deal where they give you title to the car in exchange for all or some of the rent. Then once you get title you could do with the car what you want if it is lien-free; if it is not I would not take title without it being cleared up. It is worth your while to protect yourself by seeing an attorney as there may be additional facts that could tilt the answer one way or the other and an attorney can ask the additional questions needed to get the "full picture".