Legal Question in Landlord & Tenant Law in Illinois

What are my rights if my tenant does not move out at the end of the lease even though I've told her we will not be renewing it? I am in Illinois. My tenant is currently behind on her rent (half of June and all of July). On July 19, I issued her a pay or quit notice advising her she had 5 days to pay the back rent or move. It was my attempt to get her to pay since the lease is up on July 31 and I told her (verbally) that I would not be renewing the lease. She responded to the pay or quit notice saying that she would move out on August 8 because her company is relocating her and that is when the moving company is coming. And she still did not pay and says she's "short on cash". I have found a new tenant and he would like to move in on August 1st.

How do I get her out when her lease ends on July 31? Do I have any recourse in collecting the past due rent? Is it illegal for me threaten to contact her Human Resources department directly (who she says is going to issue a check to help her with relocation expenses)?


Asked on 7/27/16, 9:33 am

2 Answers from Attorneys
Elfreda Dockery Law Office of Elfreda Dockery

Call me 312-372-5600 to discuss.

Read more
Answered on 7/27/16, 9:38 am
Stephen Messutta

Looks like you're in Elk Grove. Simple answer: you can't by then through legal process. She is apparently squatting til she has to leave. Threatening her at work is not a good idea, as you have no judgment and the normal way of handling that would be through a wage garnishment. If she's staying in state or nearby, you could file suit for rent now but with the timing the likelihood of getting her served is questionable. If she has a decent amount up as security, you may want to consider holding onto that and not waste time on a lawsuit, but I would suggest first talking to an attorney who can review the situation in full.

Read more
Answered on 7/27/16, 11:19 am


Related Questions & Answers

More Landlord & Tenants questions and answers in Illinois