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Complaint for Unlawful Detainer - Tenant Holding Over After...

Illinois Complaint for Unlawful Detainer - Tenant Holding Over After Expiration of Term

Name: Illinois Complaint for Unlawful Detainer - Tenant Holding Over After Expiration of Term
Brand: US Legal Forms
Rating: 4.8 (203 reviews)

Category:

Landlord Tenant - Complaints

State:

Multi-State

Control #:

US-03329BG

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Instant download

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A forcible entry is an entry on real property in the peaceful possession of another, against the occupant's will, without legal authority, with actual or threatened force. Forcible detainer arises after entry, whether forcible or not, and usually consists of the unlawful holding of real property by force or by threats or menaces after a peaceable entry -- as in the case of a hold-over tenant.

This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

The Illinois Complaint for Unlawful Detained — Tenant Holding Over After Expiration of Term is a legal document used in the state of Illinois to initiate legal proceedings against a tenant who refuses to vacate the property after their lease agreement has expired. This complaint is typically filed by the landlord or property owner to regain possession of the property and seek any damages resulting from the tenant's continued occupation. Keywords: Illinois, Complaint for Unlawful Detained, Tenant Holding Over, Expiration of Term, legal document, initiate legal proceedings, tenant refusing to vacate, lease agreement, landlord, property owner, regain possession, damages, continued occupation. In Illinois, there are no specific different types of Complaint for Unlawful Detained — Tenant Holding Over After Expiration of Term. However, variations may occur depending on certain factors like the nature of the lease agreement, rental property type (commercial or residential), and specific circumstances of the tenant's refusal to vacate. Landlords or property owners should consult with an attorney to address their unique situation properly. If the tenant holding over after the expiration of term involves commercial properties, additional legal considerations may arise. It is crucial to review the specific lease agreement and any applicable commercial tenancy laws to ensure the correct Complaint for Unlawful Detained is filed. Commercial landlords might have to comply with additional notice or eviction procedures specific to commercial leases. Overall, the Illinois Complaint for Unlawful Detained — Tenant Holding Over After Expiration of Term serves as an important legal tool for landlords or property owners to regain control of their property when a tenant fails to vacate after the lease agreement has ended. By filing this complaint, the landlord seeks legal recourse and potential damages caused by the tenant's continued occupancy.

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How to fill out Illinois Complaint For Unlawful Detainer - Tenant Holding Over After Expiration Of Term?

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In Chicago, the amount of notice the landlord is required to give depends on how long the tenant has lived there. Less than six months: 30 days notice is required. More than six months but less than 3 years: 60 days notice is required. Over 3 years: 120 days notice is required.

For example, if a landlord successfully proves their case in court and obtains a judgment for possession, they can legally regain control of the property. The court may also award the landlord compensation for any unpaid rent or other damages incurred during the eviction process.

If a landlord continues to accept rent payments, a holdover tenant can legally occupy the property, and state laws and court rulings determine the length of the new rental term?. If a landlord does not accept further rent payments, the tenant is considered a trespasser and may be evicted.

It's important to note the Chicago Landlord Tenant Ordinance requires landlords to give tenants 30 days' written notice if they do not intend to renew their lease. Failure to do so enables a tenant to stay in the property for 60 days after the lease ends under the same terms and conditions as the previous lease.

Statute on Statutes, 5 ILCS 70/1.11 C. When a tenant fails to leave premises after expiration of lease, the landlord is not required to give notice to the tenant. § 9-213. - A holdover tenant is liable for double rent if the landlord gives notice for immediate possession.

In Chicago, a landlord cannot ask the tenant to renew more than 90 days before the lease ends. Also, if the tenancy is less than 6 months, 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.

Under the ordinance, landlords must provide: 60 days of notice to terminate your lease if you have lived in your apartment for more than six months but less than three years. 120 days of notice to terminate your lease if you have lived in your apartment for more than 3 years.

But if they stay in the property even a day after their lease/rental agreement ends and have not arranged for a renewal, landlords can issue a written notice to move. The different notices include a 7-Day Notice to Quit, a 30-Day Notice to Quit, and a 60-Day Notice to Quit.

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The complaint should state the grounds for the eviction and will include the following information: The county and case number. The names of both parties. A description/address for the rental property. A statement that the landlord is entitled to possession of the property. More items... • Oct 24, 2023 Dec 31, 2014 — After the expiration of the Notice of Termination, the landlord may file a Complaint with the clerk of the circuit court to begin the eviction ...The court shall grant the motion for the extension of the eviction order unless the defendant establishes that the tenancy has been reinstated, that the breach ... If landlord sues tenant for eviction for nonpayment of rent after tenant makes repairs, the tenant can argue that rent is not owed because of costs of repairs. A Lawyer Manual with information about Illinois private landlord-tenant law, including leases, security deposits, and evictions. Oct 21, 2021 — Filing a suit requires the landlord, or their attorney, to draft a complaint informing the court of the facts of the case. An overview of Illinois eviction rules, forms, and procedures. Learn how to legally evict a tenant in Illinois as a property manager or landlord. Jan 13, 2017 — If the tenant does not comply with the notice, you can file suit in the county where the property is located. In order to do this, you need to ... You will fill out this notice and give it to your tenant who you are evicting. This is your official notice to the tenant that you want them to leave the. Check with the Landlord and Tenant Court Clerk to see if a writ of restitution has been filed. You should receive a copy of the writ of restitution in the mail.

Illinois Complaint for Unlawful Detainer - Tenant Holding Over After Expiration of Term

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How to fill out Illinois Complaint For Unlawful Detainer - Tenant Holding Over After Expiration Of Term?

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How much time does a landlord have to give a tenant to move out in Illinois?

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What is the holdover statute in Illinois?

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