Legal Question in Landlord & Tenant Law in Illinois

I have a tenant who is habitually late with the rent. She has been on time only once on the past several due dates. She is to pay every other week on Friday. Her last rent was due on 12/16/2016. She still has not paid. This is more trouble than the rent is worth. I want to evict her, rent or no rent. What am I required to do? How much notice am I required to give?


Asked on 12/19/16, 11:56 am

1 Answer from Attorneys
Stephen Messutta

Is there a written lease? According to your stated zip code, you're near Thebes, IL. Thebes probably doesn't have a local landlord-tenant ordinance, but you should check. If it doesn't, you can still use the Illinois forcible entry & detainer act. If you have a written lease for a specific term your likely option will be an eviction for non-payment of rent. If it is an oral lease and the rent is expected monthly, most likely you will give a 30-day notice. There are specific requirements for each type of notice. And if the tenant doesn't voluntarily vacate, you will need to file an eviction case. The problem with proceeding on a non-payment of rent basis is that there are a number of defenses available that are NOT in an eviction based on an oral month-to-month tenancy. Since there are tricky things, see an attorney.

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Answered on 12/29/16, 6:28 am


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