Can I Evict a Tenant in Illinois for Late Rent Payments?

 Posted on September 15, 2023 in Landlord Evictions

As a landlord in Illinois, having tenants consistently pay late can be extremely frustrating. You may wonder what options you have to evict a tenant for chronically late rent with the help of an Illinois attorney. Here is what Illinois landlords need to know about evicting tenants for late rent payments.

Notice Requirements for Late Rent

Before a tenant in Illinois can be evicted for late rent, you must provide proper written notice. The notice must specify the amount owed and provide at least five days for the tenant to pay before you can file for eviction.

If the tenant pays within five days, you cannot proceed with eviction solely based on that late payment. However, if the tenant still does not pay after you provide notice, you can move forward with the eviction filing.

Frequency of Late Payments

A tenant in Illinois cannot be evicted after just one or two late payments. However, if the tenant develops a pattern of paying rent late, like being late for three out of six months, that likely constitutes a breach of the lease allowing eviction.

Consult your specific lease terms, as some leases consider rent late if not paid by the fifth of the month, for example. Consistently paying after the due date specified in the lease helps show a pattern of late payments.

Eviction Court Process in Illinois

To evict a tenant for late rent in Illinois, you must file the proper case in court and obtain a judgment order from the judge. The eviction process includes:

• Filing a complaint and summons with the court
• Serving the tenant with notice of the lawsuit
• Attending the court hearing
• Receiving the eviction order if successful

Without going through the proper legal process, you cannot remove or lock out a tenant for late rent. Self-help lockouts are illegal in Illinois.

Alternatives to Eviction

Before pursuing eviction in court, consider discussing other options with the tenant:

• A repayment plan for back-owed rent
• Charging late fees going forward
• Having the tenant turn in payments in person
• Requiring automatic ACH payments

Avoiding an eviction on the tenant’s record can incentivize compliance with rent policies.

While repeatedly paying rent late does breach the lease in Illinois, landlords must follow proper notice procedures and obtain a court order to legally evict a tenant over late payments. With some tenants, agreeing on alternatives to eviction can resolve the issues. Consulting an attorney is recommended to ensure compliance with Illinois landlord-tenant law.

Contact a Geneva Real Estate Lawyer

If tenants are repeatedly late on payment, you deserve a fair side of the story. Working with an Illinois real estate attorney can help you make sure you are on the right track as you go through the process. Call DLAW, PC at 331-222-7978 for a free consultation.