How do I evict a non-paying tenant in Illinois?
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You don't have to do a 30-day, the 5-day is sufficient unless she makes payment of everything (§ 5/9-209). Then you'd have to do the 30-day to still remove. If she doesn't pay, you can move immediately to the eviction.
The forms to file are here: Approved Statewide Forms - Eviction
Illinois actually has an online program that lets you file.
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Hi
Hi. How can I help?
I have a tenant who is delinquent - starting Jan till now she payed $700 of $1800 rent for Jan. Her lease ended on Aug 15th 2024 she is now on month to month according to the lease agreement. I sent her a 5-day notice for the delinquent rent.
I'm sorry to hear about the situation with your tenant. Have you discussed the delinquent rent with the tenant before sending the 5-day notice?
I did In the month of February I asked her to pay the full Feb rent and then pay 1 and 1/2 in the month of March and Aprit to catch up
Are there any specific terms in the lease agreement regarding late payments or consequences for non-payment of rent?
Instead of paying full rent in February she paid on $700 for January
Is there anything else the Lawyer should know before I connect you? Rest assured they'll be able to help with your delinquent tenant.
Since she is going month to month, I would like serve 30 day notice to vacate the propertyCustomer: I have signed up for the membership already
Welcome and thank you for using AskaLawyer. My name is Liz and I'm the attorney who will be assisting with your legal question.
I know that dealing with the law can be incredibly stressful and challenging, so I’m here to help clarify and provide direction.
Just so you are aware, AskaLawyer is a legal information-only site. No attorney-client relationship is formed from our conversation.
So I can best help, in what state is the rental home?
Hi Liz. How are you doing? I have a tenant who is delinquent in rent since Jan 2025.
I'm great! How are you? And in what state is the tenant?
She paid $700 of $1800 for Jan in the month of February.
Tenant and I are in IL.
So, I haven't received rent for the month Jan (partial), Feb and Mar.
Perfect, thank you for clarifying and you don't want to do it as a 5-day notice again and then evict?
Lease expired on Aug 15th 2024... therefore we are in month to month now.
I have sent them a 5-day notice, it should get delivered today.
Did you say "you DON'T want to do it as a 5-day notice again and then evict?"
Apologies, that was poorly phrased, I was asking. since you mentioned you wanted to do the 30-day notice, when you have the right to the 5-day and then filing for the eviction in curt.
This is the first time I have served her with 5-day notice.
I have sent her 5-day notice, can I send a 30-day vacate notice at the same time...
You would have to pick a notice type, if she doesn't respond and make payment, then you can file the eviction complaint in court and have her served.
I dont want to waste any more time... don't know whether I can get the unpaid rent at this point, further waiting to serve 30-day vacate notice might lead to further losses.
I have already sent 5-day notice... so you are suggesting, I should proceed with that and not send 30-days vacate notice at this point?
You don't have to do a 30-day, the 5-day is sufficient unless she makes payment of everything (§ 5/9-209). Then you'd have to do the 30-day to still remove. If she doesn't pay, you can move immediately to the eviction.
The forms to file are here: Approved Statewide Forms - Eviction
Illinois actually has an online program that lets you file.
How soon can I file for eviction? I am tracking the registered mail online, it is still in transit. It should be delivered today.
You have to wait the 5 days after it's received, then you can file.
OK. once I file, how soon can I evict her and get the possession of the property?
If you can get a court hearing quickly, in about 4 weeks.
if I go with 30-day vacate process since the lease is on month to month, and she did not vacate, I would still be going through court to get the tenant out?
You would, you always need the eviction to remove them if they won't leave on their own.
Ok...I go take them to court after 5 days, is there any reason judge may rule against me?
They could try to plead hardship for extended time. Is the unit in good condition?
Correction - upon non-payment, I decide to take them to court after 5 days, is there any reason judge might rule in favor of tenant? I am on my way to do a walkthrough now..
According to her she is not well and out of a job since Dec
Her being out of a job is sad, but would not forgive the lack of rent.
If the judge rules in favor of tenant then the county pays the rent? I have been lenient with them... they are delinquent for 3 months already.
The county would have to agree to pay the rent, if the case is dismissed, you could also appeal.
Ok this was very helpful. Is there anything else I should know or do in this situation?
Do you rent through a company or as the individual?
As an individual.
Perfect, that does mean you can file for yourself, without an attorney. I know this can be stressful, so If I can be of help, please let me know.
