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A holdover tenant is a tenant who stays in the rental unit after the lease expires. If the tenant continues to pay rent, the tenancy essentially becomes a month-to-month tenancy. A holdover tenant is legally allowed to stay in the rental unit as long as the landlord takes no action to remove them.
Approach The Court Of Law You will have to send a legal notice to your tenant asking him/her to pay the arrears of rent or else to vacate within a month. The tenant has to pay rent in the court once it is assessed by the court and in case he/she fails, it invites immediate eviction.
In Illinois, if there is no lease or if the lease does not specify a move out date, the Landlord must give at least 30 days of notice to a tenant that the landlord wants to move out. This notice must be in writing and must arrive to the tenant at least 30 days prior to their move out date.
Removal of the Tenant It is illegal for a landlord to try to force a tenant to move out of a rental unit. Even if the landlord is successful with the eviction lawsuit, the only person authorized to remove the tenant is a sheriff or constable. Illegal Eviction Procedures in Illinois has more information on this topic.
The date you're submitting your notice. The date you're moving. Information on your current home the address and the landlord's name. A statement declaring that you intend to leave the home. A straightforward statement that you're providing this letter, 30 days out, per your lease agreement.
In Chicago, a landlord cannot ask the tenant to renew more than 90 days before the lease ends. Also, the landlord must let the tenant know 30 days before the lease ends if the landlord doesn't want to renew the lease. Otherwise, the tenant gets to stay another 60 days.
You can immediately file an eviction if the tenant refuses to leave the property.If you took a rental payment from the tenant after their lease expired, you'll need to provide all the normal notices. When your tenant overstays their lease, you will still, however, be required to go through the normal eviction process.
What is/are a landlord's option(s) when a tenant holds over after a lease expiration date?the lease term. rent.
Month to Month Agreements: For month to month agreements, it is generally accepted for the tenant to notify the landlord at least 30 days in advance of their desire to move. For example, if the lease ends on October 31, then the tenant should let the landlord know they want to move by October 1, at the latest.