Unfortunately, from time to time, Tenants violate the building rules or do not pay their rents. Sometimes they are involved with criminal activities on the property. In these cases, the Manager must take legal action on behalf of the Owner. Allowing nonpaying Tenants to Tenants involved in illegal activities to remain will only prolong the problem
Reasons for Eviction
In addition to nonpayment of rent, other permissible grounds for eviction of a Tenant include breaches in the other terms of the lease agreement, as discussed in Chapter 5. If no written lease is in effect, ground for eviction usually include:
 Notice Before Eviction Suit
If possible, before legal action can be taken, the Tenant must always be given notice of the breach or improper conduct and an opportunity to rectify the situation. There may be some situations where this in not possible, such as assigning or subletting without consent or if the breach violates the law, as in illegal drug usage. Then, if the Tenant fails to make a good faith effort to correct the situation, the Manager may initiate eviction proceedings and obtain a judgment decree for possession of the premises.
Note: The Federal Government and many states have passed laws regarding the seizure and forfeiture of properties that are the sites of illegal drug activities, whether the Owner knew of such activities. Special care should be taken when evicting Tenants for illegal drug activities; it would be wise to consult an attorney.
 Notice in Illinois
5-day notice – for monetary breach of lease
10-day notice – for non-monetary breach of lease
Eviction Suit
The Manager should be aware of not only state statutes but also the local rules that may apply. Use of an experienced Eviction Lawyer can speed up the process and avoid delays associated with filing the wrong forms, etc. State statutes dictate the minimum number of days before suit can be filed, what notice must be given, and the forms that must be filed. In many cases, a delinquent Tenant will accept the Landlord’s notice to move from the rented premises, but in the event the Tenant does not leave voluntarily, it will be necessary to file a legal action for possession. Under most statutes, this action is filed in the court of lowest jurisdiction, such as small claims or magistrate’s court.
Eviction Process
Notice of the filing of an eviction suit must be served on the Tenant, and service must be made according to applicable state law. If the Tenant fails to appear at the court hearing, a default judgment is given to the Landlord. If a Tenant appears in order to contest the notice, a trial must be held to determine the matter.
Actual Removal
Once the court gives a judgment returning possession to the Landlord, or the Landlord is successful at a trial, the Property Manager must determine whether the Tenant has physically left the premises. If the Tenant has moved out and left nothing of value behind, the Owner may take possession and re-rent the property. If the Tenant refuses to vacate the property even after the court rules for the Landlord, the Landlord must secure a court order and the sheriff or constable serving the court will physically remove the Tenant from the property.
