Posted in Blog  
  on Mar 24, 2015

What is the Eviction Process in Illinois?

Property owners and landlords can only evict tenants for reasons that are covered by landlord-tenant law. There are local and state laws that must be followed throughout the notification process. Here are the steps that can be taken to make the eviction process in Illinois as easy as possible.

1. Provide the Proper Notice.

In Illinois, the failure to pay rent on time requires a 5 day notice only. 10 day notices are required for problems with the rental unit, while a 30 day notice must be used for month-to-month tenants or for informal leases, such as an oral contract. You'll need to hand-deliver the notice to someone above the age of 13 or send the notice via certified mail to the tenant. The only exception to this is if the property looks abandoned. Then the notice can be affixed to the door.

2. Complete an Affidavit of Service.

You'll need to fill out a form that states you delivered the eviction notice, including the day, time, and method used. This form must be signed in front of a notary.

3. File a Complaint with the Court.

After giving the tenant the amount of time necessary through the notice to rectify the situation, you can pursue the eviction through the court system. File a complaint with the County Clerk, pay the filing fee, and you'll be given a copy of the summons.

4. Make Sure the Summons is Delivered.

You may need to take the summons to your local Sheriff's department. They will deliver it to the tenant. Some County Clerks will send them directly to law enforcement. You may also wish to choose a process server instead.

5. Go to Court on the Day Indicated.

If you don't show up for court and your tenant does, then a default judgment against you may be issued. A tenant may also request a jury trial. The judge will decide the case and if the landlord or property owner wins, the tenant must move out within 2-3 weeks or be forced out. Tenants that win continue on with the lease and may be entitled to legal costs. Only the Sheriff can remove a tenant who fails to comply with a court order to leave. If a court order exists, a Sheriff's deputy can physically remove tenants from the property and authorize you to move their possessions out. Follow these steps and you'll have followed the eviction process in Illinois.


Related

Most Important Landlord Tenant Laws in Texas

When it comes to having a tenant for the first time, it can be pretty daunting because you are going to be the corresponding landlord and a new relationship will emerge, which will need time to grow... More


The Landlord Tenant Board: What it is and When it is Needed

Many times, there are issues between a landlord and a tenant that need to be resolved but are failed to do so, because both parties have gone too far with their actions, and have retaliated in the... More


The Landlord Tenant Laws in California

The landlord and tenant laws in California are literally the same as they are in any other state. These laws, rules and regulations are put into practice because they uphold an order, a discipline,... More


How to Write an Eviction Notice

When it comes to a landlord wanting to evict their tenant, there are specific steps that need to be followed before the process of eviction can start. It is not anymore that the landlord can simply... More


Understanding the Landlord Tenant Laws in Illinois

People are aware that there are different rulings in each state with reference to the landlord/tenant laws. The state of Illinois also has a set of laws. These rules and regulations are basically... More


How to Create a Residential Lease Agreement

Where there is a landlord, there will also be a tenant, and it is no surprise that these two parties can only work together once there is some sort of agreement, contract or a binding deal in place.... More


The Best Sites for Rental and Lease Agreement Templates

Many landlords find it difficult to write and draft a lease agreement. Since every State has its own general template, it can also be difficult to make sure your lease agreement meets all the criteria... More


The Landlord Tenant Act: What Landlords Need to Know

All landlords know that before they can formally become a landlord there are a lot of things they need to understand. Landlords and tenants cannot act as such without any legal bodies involved. That... More


What is the Eviction Process for a Landlord

When it comes to evicting a rowdy tenant from your apartment, it can be a little overwhelming, because you know that there is legal recourse and you cannot just boot out your tenant. There is a... More


5 Landlord Forms that Every Landlord Should Have

When it comes to being a landlord, one should know that it is not for the unprepared individual. This should be clear that being a landlord does not simply mean that you will be taking the rent and... More