Legal Question in Landlord & Tenant Law in Illinois
My tennants lease is expiring. I do not want to renew it. I want them out. Do I have to go through the courts to get them out?
1 Answer from Attorneys
If you have an oral lease and the term was a year, you're supposed to give minimum 60 days' notice (max. 4 months) to assure the lease ends. That doesn't mean they'll leave. You may have to go to the courts if they don't.
If the lease is in writing, theoretically they are supposed to leave when the term is up, with no notice required, unless there are provisions in the lease saying something else, and without looking at the lease, there's no way to tell for sure. Again, though, if they don't leave, you may have to go through the courts anyhow.
However, most leases do have a "holdover provision" in them so that if a tenant simply fails or refuses to move out, you can possibly hold them to some terms that could be onerous on them, which is one of the incentives for them to leave. Time to read your lease with them, if you have one.
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