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    jumbodon23's Avatar
    jumbodon23 Posts: 1, Reputation: 1
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    #1

    May 19, 2007, 07:10 AM
    Lease expired tenant not moving out
    Hi, I have a property and rented out with a 1 year lease. The lease had expired, and I told the tenant he can not live there anymore because I want to move in. He did not want to move and keep making up reasons. What can I do? I live in Orland Park, Illinois. Should I write a notice letter or seek for lawyer? If I should write a notice letter can anyone provide me a template?

    Thanks You,
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    May 19, 2007, 07:19 AM
    Hello jum:

    You don't need a template. When his lease expired he turned into a month to month tenant. That relationship can be ended with a 30 day written notice by either party.

    Send him a letter telling him he has 30 days to move. Send it certified, return receipt requested. Make sure the 30 days covers a full rental period. In other words, mail it towards the end of the month.

    If he doesn't vacate, you have to evict him. That's not really hard or expensive (relatively). Go to your local courthouse, and file for an unlawful detainer. If you're diligent, he should be removed by the sheriff within, say, a month.

    excon
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    May 19, 2007, 01:03 PM
    As excon noted, you don't "just tell them" you send them formal notice, certified or registered mail ( get a reciept) will prove you sent him notice and good for court latter. But you send them notice that they have 30 days to move out.

    If they don't move out, you then file in housing court, for a formal eviction, you show proof that you own the property if required, show proof they were notified properly, and they will order him to move. If he still doesnot, they send a court officer to come and stand why you move all of his belongings to the curb.

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