Evictions of month-to-month tenants in Illinois

[Tony Ferrero]

Hello there I'm currently looking for a multi-family unit that has a month-to-month tenant in it.

If you look at the Illinois housing department website it seems that the governor of Illinois has broadened the stipulation to mean there's a complete moratorium on all evictions versus what the CDC stated which was just on kovid impacted tenants

https://www.ihda.org/about-ihda/covid-19-housing-resources-information/

Can any Illinois investors confirm with me whether I'm interpreting this incorrectly because a local realtor is telling me that she won't show me the house with month-to-month tenants because of that reason

[Alex Forest]

If you want them out and havent purchased, best approach is to have it as a condition in the purchase contract that it will be delivered vacant.  And then stick to it. Even extend the closing date if need be to give them time to make sure they're out.  That way, you won't have to worry about any of this. And avoid a potentially big headache.

But yeah, unless there is something weird in your Illinois order, it is an agreement that goes from one month to the next as long as the two parties want it to.  If one party no longer wants to continue (non renewal) maybe the Owner wants to fix it up, move in themselves, whatever, they can let the other party know, according to the agreement (might be 30 days, might be 60). Then, the tenants should move out.

In the off chance that those 30 or 60 days come and go, and they dont leave, effectively becoming squatters, that's when youd need to take some legal action (such as an eviction...which is now effected by these moratoriums).  But if they leave as they should because of the non renewal of their monthly agreement, then there is no eviction.

As far as I know anyway.  I usually work with yearly leases, but did pick up a property recently and just started using a monthly on that one.