How Long Does an Eviction Take in Illinois?

 Posted on July 26, 2022 in Landlord Evictions

Your tenant stopped paying rent, or they are violating the terms of their lease, such as by subletting without permission. Or maybe their lease term is up, and they will not renew or leave. They could even be using your property illegally, such as by selling drugs out of it. Whatever the reason is, you need your tenant out and you need them out soon.

Depending on the grounds for eviction, and whether your tenant manages to fight back convincingly, it could take anywhere between a few weeks and a few months. While it may be frustrating to have a bad tenant essentially holding your property hostage, these rules and procedures are in place to protect people from being forced out of their homes on too little notice or for unlawful reasons. You will want to be represented by an attorney during this process. 

Factors That Can Impact the Eviction Timeline

In the best-case scenario, your tenant will receive your notice of intent to evict them and simply leave on their own. No one wants to have an eviction on their record if they can avoid it. If your tenant chooses to vacate on their own, you will not need to take any further action. 

If your tenant resists and you have to go through with filing an eviction, some factors that can affect how long it takes include: 

• Getting a court date - Courts nationwide are still quite backlogged due to COVID-related issues. It may take several weeks before you can get in front of a judge, and there may be longer wait times between court dates. 
• The tenant defends - In some cases, the tenant will need to be given a chance to fix the problem. Your tenant is entitled to defend themself in court, reasonably or otherwise. If your tenant puts forward a defense, the court will hear them out assuming they have some type of evidence. Your tenant may also get a lawyer. 
• Stay of judgment - Most courts will not send the sheriff’s department to boot your tenant out on the same day they issue a final judgment in favor of eviction. Generally, the judge will give your tenant another week or two to give them a chance to find housing elsewhere before forcing them out. 
• Giving notice - Depending on the lease term and your grounds for eviction, you may have to give significant notice of your intent to send the tenant packing. If the tenant has not done anything wrong and you are evicting them for another reason, you might have to give them up to six months' notice. 

There is no way to tell exactly how long your eviction will take because there are so many factors at play. An attorney can help you evict on the shortest possible timeline. 

Contact a DuPage County Landlord Evictions Attorney

DLAW, PC represents landlords who need to evict a troublesome tenant. Our experienced Geneva landlord evictions lawyers will help you get your tenant out in the shortest possible amount of time. Call 331-222-7978 for a free consultation. 

Source:

https://ipropertymanagement.com/laws/illinois-eviction-process