Tenant Troubles: How to Get Rid of Bad Residential Tenants

I have quite a few clients who own residential investment property, such as condominiums or townhomes or even single family homes that they rent out. On occasion, I get a phone call from a client who has a “bad” tenant — in other words, a tenant who is not paying rent or is breaking the lease in some other way. What should you do if you are a landlord and this happens to you? Well, you should start simple and hope that you can resolve the problem without having to file an eviction.

So how do you start simple? I always recommend that you call or visit your tenant and try to talk the issue through — give them a day or two to fix the problem. Sometimes that’s the easiest way to resolve the matter.

If that doesn’t work, you need to hone in on your specific problem so you can provide the appropriate notice pursuant to Illinois law:

1. The tenant is not paying rent. If your tenant is not paying rent, you need to provide a Five Day Notice. A Five Day Notice should clearly state “Landlord’s Five Day Notice” at the top. It should go on to detail the name of the landlord and the tenant, the address of the rental property, and the amount of rent outstanding. The notice should clearly state that the in the event rent is not paid within five days, the lease will be terminated. The following language should also be written into the Five Day Notice: Only FULL PAYMENT of the rent demanded in this notice will waive the landlord’s right to terminate the lease under this notice, unless the landlord agrees in writing to continue the lease in exchange for receiving partial payment.

Contact your attorney to make sure the Five Day Notice is prepared and served properly; in case you end up having to formally evict the tenant through court proceedings, it will be necessary to show proper notice. If the tenant does not pay up within five days of receiving the Five Day Notice, you may file an eviction under the relevant forcible entry and detainer statute.

2. What happens when your tenant is paying rent, but is violating the lease in some other way? In this case, you need to provide a Ten Day Notice to the tenant. The notice should be clearly labeled “Ten Day Notice”. Again, the landlord, tenant, and rental property should be identified. The notice much clearly state how the tenant is in violation of the lease, and should further state that if the tenant does not conform to the lease within ten days, the lease will be terminated. Again, you should contact your attorney to make sure your Ten Day Notice is prepared and served properly. If the tenant does not rectify the situation within ten days, you may commence eviction proceedings.