How to Evict a Tenant in Chicago
You Must Send an Eviction Notice First
The first item on your agenda is the eviction notice. There are three different types of evictions in Chicago that are allowed and each has different timing that must be followed.
• 5 Day Notice. This notice can only be given to tenants that have failed to pay their rent. They are given 5 days to pay or be told to vacate the property.
• 10 Day Notice. This is the notice that is given to tenants that are in violation of one of the rental agreement terms that is not related to monthly payments. This might mean getting rid of a pet or removing illegal activities from the rental property and if done, you have the option of allowing them to stay. Otherwise they must leave in 10 days.
• 30 Day Notice. This is the eviction notice that is required to terminate tenants that are on verbal contracts or month-to-month arrangements. No reason needs to be given generally for this type of eviction.
You Must Have Proof of Delivery
When delivering the eviction notice, you must have some way to prove that the item was delivered. You may hand the notice to any resident of a rental property that is over the age of 13. Chicago also allows landlords to place the notice in front of a resident who refuses to accept it. Certified mail with a return receipt is also a viable option and if you suspect the residence is empty, a notice on the front door is adequate.
At this point you must also complete an affidavit of service and this document must be notarize if you must go to court.
File a Complaint With the Clerk's Office
If the tenants in your Chicago property refuse to rectify the situation, then you may file a complaint with the County Clerk. There will be a filing fee, but you'll get all of the paperwork that is needed for the complaint to be filed on site. Once finished and filed, you'll receive a copy of the complaint you just filed, along with a summons.
You must then take the summons to the Sheriff's office. DO NOT take the summons to the CPD. The Sheriff's office will deliver the summons.
Appear in Court When Indicated
The summons will give you a court date. In court, make sure you bring copies of all your paperwork and any witnesses to the tenant's behavior you may need. Explain why the eviction is necessary. If the court rules in your favor, they will have up to 21 days to vacate the unit or have the Sheriff's office physically remove them from the property. If the tenant wins, however, they are typically allowed to stay until the remainder of the leasing period unless there are new violations.
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