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The Forcible Entry and Detainer Process for Illinois Landlords
As a landlord, the last thing you want is to be forced to evict a tenant. Not only is the eviction process complicated and often expensive, landlords also must cope with the emotional toll that comes along with evicting someone from their home. At DLAW, PC we help landlords throughout the eviction process.
In Illinois, there is a specific process for eviction known as Forcible Entry and Detainer. This legal action allows landlords to regain control of their rental property when a tenant fails to comply with lease terms or pay rent.
Providing Notice of the Pending Eviction to the Tenants
There are specific procedures you must follow when evicting a tenant. Failure to follow the correct procedures can lead to major financial and legal headaches. If you need to evict someone because they are not paying rent in accordance with your lease agreement, you will give them a five-day notice. The notice must state that if the tenant does not pay the rent within five days, you will be taking legal action.
A ten-day notice is required if an eviction is due to a violation of a lease provision, such as having more people living in the rental than is allowed by the lease. Thirty days' notice is required if the tenant is on a month-to-month lease.
If the tenant does not comply, you can file a Forcible Entry and Detainer Complaint and have a summons issued with the sheriff’s office for the tenant to appear in court.
Going to Court
At the court hearing, you will need to bring copies of your lease agreement, a copy of the notice you served to the tenant, and proof that you served the notice. You will also need evidence of non-payment or violation of terms under the lease agreement. The court will then schedule a trial date and the tenant will have an opportunity to respond.
At the actual eviction hearing, both you and the tenant will be able to present evidence and testify. The judge then makes a decision based on all of the information presented. If the judge rules in your favor, you will be given a Forcible Entry and Detainer Judgment. This judgment grants you the right to evict the tenant from the property.
Once a judgment is entered, the court will then issue a warrant of eviction. This warrant will be served by the sheriff's office, which will notify the tenant that they must leave the premises within 48 hours of being served. The sheriff will enter the property and remove the tenant's possessions. If a tenant refuses to leave after being served, the sheriff can forcibly remove the tenant from the premises.
Contact our Kane County Landlord Eviction Lawyer
At DLAW, PC, we know how challenging it can be to remove a tenant who does not pay rent or violates the lease agreement. Geneva attorney Deanna L. Aguinaga Walker provides dependable legal representation and support to landlords in this situation. Call 331-222-7978 for a consultation.
Source:
https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2017&ChapterID=56&SeqStart=65575000&SeqEnd=73000000
From our office in Geneva, Illinois, we serve clients throughout the region, including the communities of St. Charles, Batavia, Aurora, Elgin, Elburn, Sugar Grove, North Aurora, South Elgin, West Chicago, Fox Valley, Winfield, Wayne, Big Rock, Naperville, Wheaton, and Downers Grove, as well as other municipalities in Kane County and DuPage County.
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