Can I tell my tenant that I want him to move by in 2 weeks?

UPDATED: Sep 15, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 15, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can I tell my tenant that I want him to move by in 2 weeks?

I have a tenant who has not paid in 3 months. We reside in Cook County, IL. I sent a 5-day demand notice and had it notarized. He finally picked it up from the post office last Saturday. Today is the 5th day and he has not come up with the rent. He has stated previously that he would get caught up by the end of this month and move if I wanted him to. I do want him to move. Am I correct in giving him until the end of the month to move? I will draw up a letter with the move date and ask him to sign. I know if he does not move, I will have to evict. Does the judge need to see more than one 5 day demand notice? Also, is it true that the sheriff does not evict during the winter months?

Asked on September 15, 2011 under Real Estate Law, Illinois


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I know that you want the matter to be over with and that you just want to cut your losses.  But I have to tel you that it is best that you follow the law in evicting him properly or go and seek legal hep with drawing up what ever legal documents you need to have him relinquish the apartment.  I am assuming that he is a month to month tenant. But since he did not pay rent you served a five day notice rather than a 30 days notice under the law.  If he did not leave after the 5 days then you have to start an action for eviction.  Please seek legal help.  If the 5 day notice was not properly served then the eviction might fail as well.  Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption