However, the 30 day eviction notice in Illinois takes longer. Unlike the 10 and 5 day evictions, you can terminate for no reason at all (although your legal counsel will discuss your decision to make sure no unlawful reason exists for your action). You must allow the full 30 day period for the tenant to vacate before filing for eviction.
Some attorneys give the 30 day notice, file the eviction a couple days later, then not schedule the first court date until the 30 days has elapsed. Make sure that your eviction notice is timed appropriately or the tenant could use it against you in court. If the rent is due on some day other than the first of the month, the same principles apply. In months of 30 days, the notice must be served on or before the last day of the preceding month for a 31-day month, the notice must be served on or before the first day of the same month. In other words, to terminate a month-to-month lease at the end of February, in a non-leap year, the landlord must serve the notice on or before January 29. The eviction notice must be served no later than 30 days before the date of termination and must state that the tenancy will terminate on the last day of the calendar month (unless rent is due sometime other than the first of the month). The tricky part of a 30 day eviction notice in Illinois is the timing. “ Except as provided in Section 9-207.5 of this Code, 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.”
According to the Illinois FED (Forcible Entry and Detainer Statute), a landlord can rightfully terminate a lease for no reason at all as stated in Section 9-207 (b)… (This is the third article in a three-part series for landlords about their legal obligations for 30 day eviction notices)Ī 30 day eviction notice in Illinois is used by a landlord to terminate a tenant’s occupancy when they are renting on a month-to-month lease.
Gardi, Haught, Fischer & Bhosale, Law Articles, Michael DeSantisĮviction Basics for Landlords Part III: The 30 Day Eviction Notice in Illinois.
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