How to evict a tenant?

Question Details:

Have rented house for 1 month. Already they haven't paid rent even after 10 day grace. What to do next legally to evict them? Also, they signed a 1 year lease and have already violated it by having 3 dogs; lease states 2 dogs. Having problems getting deposit. We had to make arrangements for them to pay deposit in 4 payments, they knew they had to pay deposit at lease signing. Now they said it was a complete shock that we wanted that. Since they only paid 1 payment on deposit, if we kick them out, what if there's damage to our new house? What steps do we take legally?

Asked 11/5/2009 under Landlord / Tenant | 1346 View(s) | More Legal Topics

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Landlord / Tenant Law Answers

Erik Swanson / The Swanson Firm, Ltd. Answered 2 years ago | Contributor This attorney is licensed in Illinois

The first step to evict a tenant is to serve the proper notice, a 5-day for unpaid rent.  It's far easier to evict for failure to pay rent then other breaches of the lease (which are harder to prove), but possible as well (it requires a different notice, however).

It's certainly in your interest not to wait.  Bad situations almost never improve on their own.

I'd recommend that you have a lawyer help you evict these people.  There's a very detailed process, and it has to be followed exactly;  if you make a mistake, you have to go all the way back and start over from the very beginning.  Unless you know how to do this yourself, it will almost certainly be quicker, and probably less expensive overall, if you do get an attorney.

It sounds to me like you have the kind of bottom-feeding tenants who have run this sort of game many times before, and know all the details of the eviction laws and will take shameless advantage, to delay the inevitable and run up as much of an unpaid-rent bill as they can manage.  Don't wait to get the process started.

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