I have a tenant that I have given notice to that I am not renewing his lease. I have given him 30 days notice which is required by Illinois law.

What are my options if he does not move out after the 30 days? Do I need to get a legal judgement from the courts or since they don't have a valid lease anymore, do I just call the Sheriff?

Thanks for the help.

Hello j:

In general, when a lease is not renewed, it reverts to a month to month tenancy. Therefore, if he doesn't vacate, you need to evict him according to Ill. Landlord/tenant law.

excon

If they are still there on day 31 you give the state required eviction notice, which will give them X days to "pay rent or quit". If they ignore that, then you or your attorney file for eviction.

Look through these "eviction" links on the IL General Assembly site for what notice must be given prior to filing the eviction:
http://www.ilga.gov/search/LISGSApage.asp?q=eviction&submit1=Go&site=leg94

If your lease is a fixed term lease, then no notice is needed and an option for month to month should be by agreement.

If your lease is a month to month, then IL law would guide you on when and how to serve notice and your options if the resident does not vacate.

Thanks for the info guys. The tenants I have are on a month to month lease already and have not paid July or August rent. I've given them a five day notice which is required. After the 30 days, do I need an evection notice from the courts or can I just call the sheriff to have there stuff put out.

I went through the same thing a few months ago. Sent letter after letter giving a notice. If you want it taking care of go straight to the courhouse. The sheriff will deliver a court order notice. Then if they don't leave you and the sheriff can go there and actually put them out. But I'm from Ky law might b a little different.