Can I Evict a Tenant for Disorderly Conduct in Illinois?

 Posted on November 11, 2024 in Civil law

A comfortable and peaceful environment is essential to managing a residential property. A pleasant environment attracts tenants, helps keep them satisfied with the living space, and maintains harmony with neighbors. When a tenant disturbs the peace, however, it can ruin the environment for others, cause complaints, and even result in other tenants abandoning their leases.

If you want to evict a tenant for disorderly conduct, it is important to first understand what that means and what legal steps you need to follow. Speak with an Illinois civil litigation attorney to learn your legal options and how to proceed with an eviction.

What Is Disorderly Conduct?

Disorderly conduct, also known as disturbing the peace, is a criminal offense in Illinois. When evicting a tenant for unruly behavior, check with your attorney if it falls under the category of disorderly conduct. Evicting someone for criminal activity can help keep the law on your side.

Under Illinois law, disorderly conduct is defined as behaving in an "unreasonable manner" to disturb or alarm others and cause a "breach of the peace." This definition is fairly broad, so it can include excessive noise and lewd behavior. In addition, the law lists specific behaviors that fall under disorderly conduct:

• Falsely pulling a fire alarm

• Calling in a false bomb threat

• False police reports

• Threats of violence or destruction

• Voyeurism, or looking into someone’s private property for lewd or illegal purposes

Disorderly conduct is generally a Class C misdemeanor that carries up to 30 days in jail and a fine of up to $1,500.

What Legal Steps Should I Take When Evicting a Tenant for Disorderly Conduct?

Since disorderly conduct is vaguely defined in the law, make sure to describe it in your lease agreement with tenants. Specify certain behaviors like excessive noise at nighttime, unruly guests, illegal activity, and more.

Even though disorderly conduct is a crime, you need to follow certain legal steps to evict a tenant who disturbs the peace. For example:

• Gather evidence: Document any disturbances from your tenant and collect evidence of disorderly conduct. This may include police reports, complaints from neighbors, or video footage.

• Issue a warning: Your case for eviction may not be as strong if the tenant can claim he or she was unaware of disturbing the peace or did so unintentionally. Serve the tenant a written warning about his or her behavior, which you can then use in court if necessary.

• Serve an eviction notice: In Illinois, a landlord must serve the tenant with a five-day notice before filing a petition with the court to evict the tenant.

Contact a Naperville, IL Civil Litigation Attorney

A tenant who behaves with disorderly conduct can have a serious impact on your business. Make sure you follow the eviction process correctly through Appelman Law LLC. Let us guide you through the steps and address any legal hurdles. Schedule a free consultation with a DuPage County, IL landlord eviction lawyer by calling 630-717-7801 today.