Evict a Month-to-Month Tenant
In this guide, you'll learn a 5-step plan to evict a Tenant on a month-to-month lease.
When you want to evict a month-to-month Tenant, you'll start the eviction process with a 30-Day Notice. Here's how:
Complete the 30-Day Notice.
Print and fill out the
- Serve the 30-Day Notice. Serve the 30-Day Notice on the Tenant.
- Complete the Affidavit of Service. Print and fill out the Affidavit of Service (this proves that the Tenant was served with the 30-Day Notice).
- Mark your calendar. Wait 30 days after the Tenant is served to see if he pays in full or moves out. (Note, the Tenant may have more than 30 days to get out.
- File a lawsuit. If the Tenant hasn't moved out within 30 days, then you must file a lawsuit.
The Thirty-Day Notice
The 30-Day Notice is a bit deceiving. You'd think it means the Tenant must move out within 30 days after receiving the notice. Sometimes that's true, but often it's not.
The 30 Day Notice ends the tenancy on the last day of the month, as long as it's at least 30 days out. Here's the math:
- Serve notice on March 1 = tenancy ends March 31
- Serve notice between March 2 - 31 = tenancy ends April 30
There's no wiggle room (court found 29 days insufficient). So, if you want a Tenant gone by the end of "x" month, make sure they're served no later than the last day of the month before (ex. serve by February 28th if wanting out at end of March). *All of this assumes the lease requires rent payments on the 1st of the month.
Pro tip: state the move-out day in the notice.
The clock starts when the Tenant is served with the 30 Day Notice, not the date you prepared it. As always, check local ordinances.
How do I serve the Thirty-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 30-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 thirty-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 thirty days after that date. Weekends and holidays included.
File a lawsuit
If you served the Tenant with a 30-Day Notice and the Tenant doesn't move out within thirty days, 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.
When no notice is required
If the tenancy is for a certain period (ex. one year) and the lease clearly states when the tern expires, then no further notice is required. 735 ILCS 5/9-213
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.
I've heard the Tenant may get more than 30 days? Well, kinda. You must serve the 30-Day Notice no later than thirty days prior to the expiration of the next full rental period (unless rent is due sometime other than the first of the month). If you're confused, hire a lawyer.hire a lawyer.
Do I need a reason to evict a month-to-month Tenant? No. In fact, giving a reason may cause more problems. Simply give the Tenant a 30-Day Notice - then shut up.
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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.