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

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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

Answers:

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

Answered 10 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.


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