united-states residential-lease illinois
Can i get tenant evicted from my property if there is no eviction clause in lease?
<p>I have rented my newly bought property in Illinois state to a tenant a few months back. The rental transaction happened with the help of real estate agent. I have not yet met the tenants. I am not happy with the tenants because of below reasons so i would like them to evict the property.</p>

<ol>
<li><p>Never paid the rent on time. First month rent she paid before moving in, for second month she paid on 18th and 3rd month rent she paid on 11th. I have asked her to set up automatic payments for alteast 4-5 times. Gave her all kinds of options like Chase Quickpay, Zelle, mailing the hard copy of check, but she has her reasons for not getting anything to work even after 90 days. In the lease we have the rent due date of 5th of every month after which she will have to pay 5% interest per day.</p></li>
<li><p>Even after asking to change the Gas biils to her name and address, she havent done it yet. I am still getting the gas bills to my address. Worst she havent paid the bills, i send her the screen shot of the bills every month.</p></li>
<li><p>Worst of all today i received an email from the association saying there are numerous complaints about the tenant from neighbors and police visits are frequent and i will have to attend the next board meeting to discuss this.</p></li>
</ol>

<p>Important to note here that there is no eviction clause in my lease for any of above issues. Any help will be greatly appreciated.</p>

<p>Both parties have to abide by <a href="http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2201&amp;ChapterID=62" rel="nofollow noreferrer">state law</a>, which supercedes anything in the lease. If your lease requires X and the law forbids X, X is forbidden. If the lease fails to permit X but state law allows X, X is permitted. If the lease forbids X and state law does not forbid or mandate X, X is forbidden. So even if the lease does not specifically allow eviction, eviction is allowed under specific conditions. The various landlord-tenant laws are <a href="http://www.ilga.gov/legislation/ilcs/ilcs2.asp?ChapterID=62" rel="nofollow noreferrer">765 ILCS 705-755</a>. A prominent legal reason for eviction is is <a href="http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2201&amp;ChapterID=62" rel="nofollow noreferrer">non-payment of rent</a>, with the procedure spelled out in <a href="http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073500050K9-209" rel="nofollow noreferrer">735 ILCS 5/9-209</a>. There is also law about <a href="http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2207&amp;ChapterID=62" rel="nofollow noreferrer">utilities</a> (the crucial question is whether the lease requires the tenant to pay utilities). I assume that for some reason you had the gas in your name, rather than having the gas turned off, to be turned back on at the tenant's discretion. You need to hire an attorney to carefully read the lease (and look at the exact law), to be sure that you are not legally responsible for the gas bill. Just shutting off the tenant's gas could get you in expensive legal trouble.</p>
