How do I kick out a tenant that wants to live rent free?

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How do I kick out a tenant that wants to live rent free?

She has not paid last month’s rent and she agreed to move out in 2 days. However she is now changing her story. She wants to move out the1st of next month, without paying rent. How do I kick her out? She was already served a 5-day notice. I sat down with her and discussed the fact that she didn’t pay rent and she stated she wouldn’t have it. How do I kick her out?

Asked on January 17, 2012 under Real Estate Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

For nonpayment of rent, you can file an eviction against her. Contact your county court--you should be able to get sample forms and instructions from them, either in person or online. You file the action, then--if the  tenant has not previously moved out--appear in court. If the issue is nonpayment, then unless she pays on the spot, you should get a judgement of possession which will entitle you to have her evicted by court officers (e.g. sheriff deputies or constables).

Two things to note:

1) You have to go through the courts to evict--you can't lock her out yourself.

2) You can separately sue her, such as in small claims court, to collect any unpaid rent.


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