How Do I Evict a Tenant at Will in Illinois?
Full Question:
Answer:
A person who resides indefinitely and who is not under a written lease is typically considered a tenant-at-will. In Illinois, a tenant-at-will must be provided with a written notice to leave the premises either 7 days (for a weekly tenancy) or 30 days (for a tenancy less than a year but longer than a week) in advance of the time specified to move out. If the person fails to leave after the notice is delivered, an eviction action may be brought.
The following are IL statutes:
735 ILCS 5/9-207 (from Ch. 110, par. 9-207)
Sec. 9-207. Notice to terminate tenancy for less than a
year. In all cases of tenancy from week to week, where the
tenant holds over without special agreement, the landlord
may terminate the tenancy by 7 days' notice, in writing, and
may maintain an action for forcible entry and detainer or
ejectment.
In all cases of tenancy for any term less than one year,
other than tenancy from week to week, where the tenant holds
over without special agreement, the landlord may terminate
the tenancy by 30 days' notice, in writing, and may maintain
an action for forcible entry and detainer or ejectment.
For further discussion, please see:
http://www.illinoislegalaid.org/index.cfm?fuseaction=home.dsp_content&contentID=1766
