When Can I Evict a Tenant for Disturbing the Neighbors?

 Posted on June 10, 2024 in Civil law

As a landlord, you might have to make some tough decisions about when to excuse a tenant’s misconduct and when to evict him for breaking the terms of his lease. One of the grounds for eviction in Illinois is creating a disturbance that interferes with the neighbors’ right to quiet enjoyment of their homes. In fact, if you fail to evict a tenant who routinely disturbs the peace, your other tenants could break their leases early and move out to escape the disruption. You will need evidence of the disruptive tenant’s behavior to show the court. A Naperville, IL landlord evictions lawyer can help you work to quickly evict the tenant who is causing problems for the neighborhood.

When is a Tenant Disruptive Enough to Evict? 

A single incident where one tenant was too loud or made a nuisance of himself is usually not enough to support an eviction. It is normal for tenants to occasionally make noise that annoys the neighbors, such as by having their child’s friends over to play or hosting a small party during reasonable hours.

However, if your tenant routinely disturbs the peace through unreasonable conduct, you can likely evict him. Examples of routine and unreasonable disruption to the neighbors include: 

• Throwing loud, late-night parties on a regular basis
• Getting into loud domestic disputes that involve screaming or throwing objects more than once or twice, especially if police are called
• Smoking indoors and causing common areas or other units to smell after being warned to stop
• Carrying out noisy projects that involve using power tools or hammering on a regular basis as a side job
• Riding a very loud dirtbike around the complex most evenings
• Allowing guests to congregate in the hallways or render common areas inaccessible or unusable to your other tenants
• Selling drugs and inviting her customers into the building, putting others at risk
• Allowing his dog to bark excessively
• Disregarding quiet hours after more than one warning

You will need evidence of the tenant’s disruptive behavior, such as a record of others' complaints, video evidence of multiple guests entering his unit, or sound recordings showing the noise level he is causing.

However, you should beware of frivolous complaints. Some tenants file noise complaints over normal and expected noise, such as their upstairs neighbors vacuuming or putting away dishes.

Contact a Naperville, IL Landlord Evictions Lawyer 

Appelman Law LLC is committed to helping landlords keep their apartment buildings peaceful and quiet by evicting tenants who disturb the peace. Experienced DuPage County, IL landlord representation attorney Brett Appelman will help you gather the evidence you need. Contact us at 630-717-7801 for a complimentary consultation.