Evict a Tenant For Breaking Lease (Other Than Not Paying Rent)
In this guide, you'll learn a 5-step plan to evict a Tenant that broke the Lease (other than non-payment of rent) so you can a new Tenant who follows the rules.
When a Tenant breaks the lease (other than non-payment of rent), you'll start the eviction process with a 10-Day Notice. Here's how:
- Complete the 10-Day Notice. Print and fill out the 10-Day Notice.
- Serve the 10-Day Notice. Serve the 10-Day Notice on the Tenant (you can serve this as soon as you learn the Tenant breached the lease).
- Complete the Affidavit of Service. Print and fill out the Affidavit of Service (this proves that the Tenant was served with the 10-Day Notice).
Mark your calendar.
Wait 10 days to see if the Tenant moved out or fixed the problem you cited in the 10-Day Notice.
- File a lawsuit. If the Tenant hasn't solved the problem or moved out, then it's time to file a lawsuit.
The 10-Day Notice
The 10-Day Notice tells the Tenant to move out within ten days because the Tenant violated a term of the lease. If the Tenant doesn't move out within ten days, then you can terminate the lease and file an eviction lawsuit.
If you want to give the Tenant a chance to fix the problem (ex. move the junk car), then you can do this in the 10-Day Notice. If they don't fix the problem within ten days, then the Tenant must move out.
Check local ordinances (some may require more than ten days). The clock starts on the day after the Tenant is served.
How do I serve the 10-Day Notice?
The completed notice must be served on the Tenants ( 735 ILCS 5/9-211). Here's how:
- Personally serve the Tenant,
- By leaving it with someone 13+ years that live at the house; or
- By sending a copy of the notice to the tenant by certified or registered mail, with a returned receipt from the addressee; and
- In case no one is in the actual possession of the premises, then by posting the same on the premises.
Who can serve the notice? Anyone 18+ years old. But it shouldn't be you (problems if need to testify about service at trial).
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Complete the Affidavit of Service
You'll need proof that the Tenant was served with the 10-Day Notice. Have the person who served the Tenant complete the Affidavit of Service form. Keep the completed form in your file. You'll use this form to prove that the Tenant was served the Notice. Without proof, your eviction lawsuit will be thrown out by the Judge.
Mark your calendar
The ten-day period begins on the day after the Tenant was served with the Notice. Once you know when the Tenant was served, mark the calendar ten days after that date. Weekends and holidays included.
File a lawsuit
If you served the Tenant with a 10-Day Notice and the Tenant doesn't move out (or fix the problem, if you gave them the option) then you must sue. If you want a lawyer to help, connect with a good one here. If you'd rather go it alone, this article will help.
Can I slip the notice under the door? No, Tenants must be served as set forth in 735 ILCS 5/9-211.
Can I serve the Notice? Not smart. Whoever served the Notice may need to testify if the case went to trial. Even bad lawyers could point out your self-serving testimony and argue that the notice wasn't *actually* served.
How quickly can I serve the Notice? As soon as you learn that the Tenant violated the lease.
Does the Tenant have a right to fix the violation I cited in the Notice? No, unless your lease or local law gives the Tenant a right to "cure" a violation. You can give the Tenant the option to fix the problem (ex. move the junk car in the yard) in the 10-Day Notice, but they can't make you.
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This article is for general information purposes only and should not be considered legal advice or legal opinion on any specific case and/or circumstance. This article does not create an attorney/client relationship. No guarantee for accuracy, completeness, or changes in the law. The choice of a lawyer is an important decision and should be based solely on advertisements.