Navigating the eviction process in Illinois can be daunting, but understanding the necessary steps can make it manageable. Whether you're dealing with non-payment of rent, lease violations, or illegal activity, Illinois law requires landlords to serve a specific notice—ranging from 5 to 30 days—based on the grounds for eviction. This article will guide you through the intricacies of serving eviction notices, filing a complaint, and what to expect at an eviction hearing. Importantly, it highlights the roles and responsibilities in enforcing an eviction order, ensuring landlords know how to proceed if a tenant fails to vacate the property post-eviction order.
Key Takeaways
- In Illinois, landlords can start eviction for reasons like unpaid rent, lease breaches, illegal activity, or at lease end, with a required legal notice.
- The eviction process involves serving a notice (5, 10, or 30-day), filing a lawsuit, and attending a court hearing where both parties present their cases.
- Enforcement of an eviction order involves the sheriff, and landlords aren't required to manage the evicted tenant’s belongings left behind.
Understanding the Grounds for Eviction in Illinois
In Illinois, initiating the eviction process requires landlords to establish legitimate legal grounds. There are four primary reasons a landlord may evict tenants:
- Failure to pay rent
- Infractions of lease agreements
- Conducting illegal activity on the premises
- Expiration of a lease term without an agreement in place
Landlords must understand that forcibly evicting tenants without engaging the courts is prohibited.
It’s essential for landlords to have an intricate understanding of Illinois eviction laws. This part will detail each legal basis for carrying out an eviction and outline the necessary steps involved in conducting a proper and legal eviction procedure under these laws.
Nonpayment of Rent
The clearest ground for eviction is when a tenant fails to pay rent. In Illinois, landlords are required by law to give tenants a 5-day notice to pay overdue rent. This is a legal requirement in the state. This notice serves as a stern warning: pay up or prepare to face legal eviction proceedings. If the tenant does not fulfill their obligation to pay the rent within this timeframe, the landlord can rightfully initiate eviction proceedings.
Though straightforward, this part of the legal eviction process in Illinois is vital, and adhering to this timeline is crucial to avert any legal repercussions.
Lease Violations
Under Illinois law, when a tenant breaches their lease terms, they are afforded the opportunity to rectify the situation via a 10-Day Notice to Comply or Vacate issued by the landlord. This notice serves as an ultimatum for correcting infractions such as excessive noise levels, having unauthorized pets, or causing damage to the property. Should the tenant manage to resolve these issues within that timeframe, it is possible to avoid eviction proceedings.
Notwithstanding this state provision, specific municipalities like Chicago mandate landlords provide a longer 14-day notice period in cases of health and safety violations. Such ordinances allow tenants additional time beyond what is standardly required in Illinois for them to address and fix these more serious concerns.
Illegal Activity
Unlawful behavior on a property must be addressed with urgency. Tenants involved in illegal activities must receive a 5-Day Notice to Quit, which serves as an initial step before fast-tracked eviction proceedings are initiated due to the severity of the offense.
Under Illinois law, the start of eviction proceedings triggers a requirement for the sheriff to execute the eviction within a seven-day period. This prompt action ensures both protection for the property and safety within the local community.
End of Lease or No Lease
In Illinois, when a tenancy is at-will or reaches the end of its lease term, tenants are given a 30-day notice period to vacate. This provides sufficient time for tenants to secure alternative accommodations and relocate with minimal disruption. For those in week-to-week rental agreements, only a 7-day notice is mandated.
Specific areas within Illinois have different requirements. Notably in Chicago and suburban Cook County where the duration of residence can influence the length of the required notice period. This consideration acknowledges that tenants who have occupied a property for an extended period may need more time to transition than those with shorter-term stays.
What Notice is Required to Evict a Tenant in Illinois?
There are three different lengths of notice required to evict a tenant in Illinois:
- Five-day notice: A 5-day notice is used when the reason for eviction is failure to pay rent. In the case of a five-day notice, the tenant has five days after receiving the notice to pay their past due rent before the landlord can begin eviction proceedings.
- Ten-day notice: A 10-day notice is used when the reason for eviction is a violation of terms of the lease other than non-payment of rent. The tenant usually does not have the opportunity to cure the violation but has ten days to vacate the property before the landlord may begin eviction proceedings.
- 30-day notice: A 30-day notice is used when the landlord wants to terminate a month-to-month lease for a reason other than violating the lease or non-payment of rent. A landlord may terminate such a lease for any reason or no reason at all
How to Serve an Eviction Notice Upon a Tenant
Once the proper notice is drafted, it must be served upon the tenant in one of three ways:
- hand delivery;
- certified mail return receipt requested;
- posting the notice on the door of the property;
Once you have served notice of the eviction upon the tenant, the person who served the notice will have to complete an affidavit testifying to such service.
How to File a Complaint for Eviction and Serve it Upon the Tenant
After the time period for the particular type of notice that you served upon the tenant has passed, your attorney will file a complaint and summons in the appropriate court, asking the court for an order to evict the tenant. The clerk will assign a court date. You will be required to serve the complaint and summons upon the tenant by personal service. This is usually done by the sheriff or special process server.
What Happens at an Eviction Hearing in Illinois?
At the hearing date set by the court, you will be required to show that the tenant has been served with both the notice and the complaint and that you have a good basis for evicting him. If you successfully offer this proof to the judge, the judge will issue an order requiring the tenant to vacate the property, typically within 14 to 21 days.
What to do if a Tenant Fails to Vacate the Property After an Eviction Order?
If the tenant fails to comply with the court's order to vacate the property, you should notify the sheriff. The sheriff will then physically remove the tenant from the
property.
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