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.