WILL COUNTY 30-DAY EVICTION NOTICE LAWYER
Attorney Assisting Landlords With Evictions in Wheaton and Naperville
Most landlords prefer to have tenants on annual (or longer) leases, which specify a lease end date. If a tenant does not move out when the lease expires, the landlord can immediately move to evict the tenant without having to serve the tenant with any kind of notice.
However, there are situations when a landlord may offer month-to-month rental agreements. A landlord might want the flexibility to move tenants out on short notice to sell or significantly renovate a building. Or, a location may have high demand for short-term rentals, such as near a university or in a seasonal vacation area.
Illinois law requires landlords to provide a minimum 30-day notice of termination to tenants on a month-to-month rental agreement, which includes any rental agreement of less than one year, as well as tenants with no written rental agreement who pay rent on a monthly basis.
When relations are good, a landlord might simply tell a tenant that they want to end a month-to-month rental, and the tenant will move out voluntarily by the agreed-upon date.
However, if there is concern that a tenant will not be cooperative, or when the landlord wants to be absolutely sure that the tenant moves out when desired, the landlord should follow the legal process for terminating the tenancy. A 30-day notice officially tells a tenant that their month-to-month rental of a property is being terminated and that they must move out on or before the specified date (735 ILCS 5/9-207).
At Gateville Law Firm, we have built a streamlined process to efficiently draft and serve demand notices for both residential and commercial landlords. Our attorneys and staff are experienced in completing timely evictions for landlords large and small, including the drafting and serving of 5-day notices for non-payment of rent and 30-day notices for terminating a month-to-month tenant.
When Can a 30-Day Notice Be Used?
A landlord can issue a 30-day notice for any reason or no reason at all. Legally, the landlord does not need to tell a tenant the reason for the notice. With that said, it is against the law to terminate an Illinois tenant for certain reasons, including but not limited to:
- In retaliation for a tenant's effort to enforce their rights under their lease or the laws of the state (765 ILCS 745/16).
- In retaliation for a tenant's complaints regarding violations of health or building codes (765 ILCS 720).
- In violation of the federal Fair Housing Act or the Illinois Human Rights Act (775 ILCS 5/1), which prohibits discrimination on the basis of race, color, religion, national origin, sex, disability, or familial status (families with children).
- In violation of Illinois law that protects victims of stalking, domestic/dating violence, or sexual violence (735 ILCS 5/9-106.2).
Here are a few examples of situations when a landlord would want to issue a 30-day notice:
- The landlord wants the property vacated so it can be prepared for sale or remodeled and rented at a higher price.
- A new owner has just purchased the property, perhaps in a tax or foreclosure sale, and no longer wants tenants in it. The new owner may want to live in the property rather than rent it out, or they may renovate it and raise the rent.
- The tenant has caused problems that the landlord no longer wishes to tolerate. For example, other tenants or neighbors might have complained about excessive noise. (It may also be possible to evict such a tenant "for cause" if they have violated the lease terms.)
- The landlord has been generous toward a tenant suffering personal problems (such as serious health issues or job loss), but cannot afford to continue.
- Because of a friendship or familial relationship, the landlord had given the tenant a special deal. Now, due to a break in the relationship, the landlord wants to end the deal, but the tenant is not cooperating.
How Does the 30-Day Notice Process Work?
The term "30-day notice" is somewhat misleading, because the rental termination date must be the last day of the next full rental period (that is, the day before the rent for the next period is due) and be at least 30 days from the date of service. A notice with a termination date of February 28 must be served no later than 30 days prior (that is, no later than January 29).
Here is a rough timeline for the 30-day notice process:
- One to two days to prepare the demand notice. The notice must specify the exact address of the property, the name(s) of the tenant(s), and the rental termination date.
- Two to four days for the notice to be served on the tenant, although it could take up to 10 days if the tenant purposely evades the process server. The proof of service must be notarized for later use in court. To ensure proper and timely service, Gateville Law Firm, uses private process servers. Certified mail is also an option for 30-day notices.
- The days remaining until the termination date is reached. The landlord can check in with the tenants during this time to make sure they are preparing to move out.
On the next business day after the termination date, if the tenants have not already moved out, the landlord can file an eviction action in county court. Illinois law requires landlords to wait until the termination date passes before filing an eviction action in court (735 ILCS 5/9-209). While it is not mandatory for the landlord to file the eviction action immediately, landlords should aim to enforce tenant leases quickly and consistently.
Completing the eviction process will typically take another four to six weeks. After filing the eviction action, the landlord and tenant will have a court date within two to three weeks, and then the court will typically give the tenant two weeks to vacate the property. If the tenant does not move out as scheduled, the county sheriff can forcibly evict the tenant.
30-Day Notice Drafting and Service
When a landlord wishes to evict a month-to-month renter, the tenant must first be served with a 30-day notice before further action can be taken to remove the tenant. Gateville Law Firm is committed to providing legal services for landlords, including the drafting and service of 30-day notices. Contact our Naperville office at 630-780-1034. We handle evictions in DuPage County, Kane County, Kendall County, Grundy County, and Will County for both commercial and residential landlords.