One of the main reasons for which a landlord has a right to terminate a tenancy and to evict a tenant is for the tenant’s non-payment of rent. In Illinois, every forcible entry and detainer case or “eviction” must have a lawful basis from which to start. The Sheriff might require a deposit or fee, but will ultimately carry out the Order for Eviction and physically remove the Tenant. If a Tenant still has not moved after the fixed time ordered by the court in the Order for Eviction, the Landlord must go to the Sheriff. After winning an Order for Eviction, the judge usually gives the Tenant 14-21 days to move. If the Tenant does show up, the judge will rule after hearing both sides.
If the Tenant does not show up, it is likely that the landlord will win by default, and the judge will grant the Landlord an Order for Eviction. The landlord must tell the judge why he is entitled to possession of the property and why the Tenant should be evicted (non-payment of rent, etc.). The landlord must take to court a copy of the Notice of Eviction, the Affidavit of Service, the Complaint, the Summons, and any witnesses or evidence needed to win the case. The Landlord must show up for this court date. When the Landlord files the Complaint, the Clerk will give him a court date. The Sheriff will then deliver the Summons to the Tenant. When the Landlord files the Complaint, the County Clerk will instruct the landlord to take a copy of the Complaint and Summons to the Sheriff’s office, usually located nearby. The Summons is what the Sheriff Delivers to the Tenant telling them that they have been sued for Eviction. The Clerk will then give the Landlord a copy of the Summons and Complaint for him to take to the Sheriff’s Office to be delivered to the Tenant. There will be a filing fee when the landlord files this. The County Clerk’s Office will have an Eviction Complaint and Summons for the Landlord to fill out and file. If after receiving the Notice of Eviction the Tenant has not paid the rent or cured the lease violation (if they have that option), then the landlord must sue the Tenant for eviction by filing a Complaint with the County Clerk’s Office in the County where the property sits. This form is included with the Illinois Eviction Notice on this site, and will be necessary if you have to file a Complaint against a Tenant for Eviction (next step). This is a document the Landlord must sign in front of a notary, by which the landlord is swearing that he property delivered or “served” the Tenant. If the notice was delivered by mail, then the notice period begins when the Tenant actually receives the notice.Īffidavit of Service. If the last day of a notice period is on a weekend or holiday, then the notice period expires on the next business day. Posting the Notice of the door of the premises if nobody is living thereĬounting the Notice Period.Leaving the Notice on the Ground in front of the Tenant if they refuse to accept it.Mail the Notice by Certified Mail with a Return Receipt from the Tenant.Giving the Notice to someone who is at least 13 years old and who is at the Tenant’s home.Personally handing the Notice to the Tenant.The notice may be delivered in the following ways: If the tenant does not leave after 30 days, the landlord must file a Complaint to move forward with Eviction.ĭelivering the Notice. If the Tenant is on a month-to-month lease or an oral lease, the landlord can terminate the lease for any or no reason by simply giving a 30 Day Notice.
However, in the City of Chicago and some other areas, the Tenant may have a right to cure the violation and stay. Generally in Illinois, the Tenant does not have the right to cure the lease violation and stay in the property. Although it may also be used for non-payment of rent. The Ten Day Notice is used if the landlord needs to evict the tenant for violating the terms of the lease, such as unauthorized pets, illegal activity, etc.
It gives the Tenant 5 days to pay the rent and late fees, or Vacate the premises. The Five Day notice is only used for non-payment of rent. The first step in evicting a Tenant in Illinois is delivering the “ Notice of Eviction.” Depending on why you are evicting the tenant, Illinois has 3 different notice periods:
There are two main reasons a tenant may be evicted: not paying rent on time or violating a portion of the lease or rental agreement. Guide to the Eviction Process in IllinoisĮvictions in Illinois are regulated by the Illinois Code of Civil Procedure, and landlords must carefully follow these procedures in order to evict a tenant.
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