In this article, we will discuss “How much notice do you have to give a tenant to move out?” We will talk about when and how to notice a tenant as well as what situations can arise where they must move out faster. For more on Tenant and Landlord law, you can read our article, Illinois Tenant Rights Explained.
How Much Notice Does an Illinois Landlord Have to Give for a Tenant to Move Out?
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 before their move-out date. The written notice must also include a specific move-out date for when the tenant must be out of the property and their tenancy has ended. If there is a lease with a specified move-out date, the landlord may not terminate the lease early unless the tenant violates the lease.
Be warned that the timeline for notice varies by state, so if you are outside of Illinois, you should check your local state law.
Can a Landlord Give Less than 30 Days' Notice to a Tenant?
There are several situations in which a landlord may give less than 30 days' notice to their tenant prior to eviction. These situations come to fruition typically when the tenant does something that violates the lease. Below, we will break down some of the possible situations that allow a landlord to give less than 30 days' notice.
- Pay Rent Notices: These are served when a tenant has not paid their due rent. They will typically be given a 5-day notice to either pay the due rent or vacate the premises, terminating their tenancy.
- Cure or Quit Notices: These notices are served when a tenant breaks their agreement in a way that can be fixed or “cured.” This is, for example, something like keeping a pet on a property that does not allow pets or damaging the property. These tenants will be given a 10-day notice to either fix the problem and be in compliance with the agreement or move out and terminate their tenancy.
- Holdover: A “holdover” occurs when a tenant overstays their agreed time period. If a tenant refuses to leave after their lease has expired, he or she can be removed from the premises through an eviction proceeding with no warning.
These are the most common situations that can arise where a landlord would be able to remove a tenant with less than 30 days of notice. As with the previous section, this law varies significantly by state, so be sure to check your local state laws for more information. Some tenant agreements may also have special stipulations that could affect the notice timeline.
Does a Landlord Need a Reason to Remove a Tenant in Illinois?
If there is no written lease or if the lease is month-to-month, a landlord does not need to give a specific reason they are removing a tenant according to Illinois law. As long as the landlord complies with the timeline described above, the landlord will simply need to give a notice and does not need to explain its motivation.
However, tenants, renters, and owners are all protected from being removed or denied because of prejudice. This includes, but is not limited to, factors such as race, gender, and religion. In Illinois, this list is extended to include more factors such as sexual orientation, citizenship status, and age. You can obtain a full list of protected classes from the Illinois Department of Human Rights or the Department of Housing and Urban Development.
If the landlord seeks to terminate a written lease before the agreed-upon termination date, the landlord will have to prove that the tenant has violated the lease or failed to pay rent.
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