Downers Grove, Illinois - Tenant Eviction Process
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Explanation / Illinois - Tenant Eviction Process
Illinois evictions can be a lengthy process that if not done within the specific confines of the Illinois Eviction Statute can cost you a lot of time, money and aggravation.
If you would like to learn more about how to evict a tenant a Free - Illinois Tenant Eviction Process Explanation is provided at the bottom of this web page.
They also offer a link to Free - Illinois Tenant Eviction Notices & Landlord Forms.
If you have any questions about the Illinois Tenant Eviction Process and how it relates to your specific situation as a landlord or property manager please contact your local Downers Grove Kick'em Out Quick® Member Eviction Attorney for a Free Initial Consultation.
They are Affordable & Professional and they will evict your non-paying or nuisance tenant(s) just as quickly as the law allows.*
Call Eviction Attorney Brian M. Krause today to discuss your case (630) 388-8253.
And don't forget after your eviction is complete submit your Tenant Collection or Judgment (including Attorney fees) online in the Collection Section of this web site.†
In Illinois, the eviction process for both commercial and residential tenancies is rather straightforward. However, there are a few more legal protections afforded to residential tenants. For instance, a commercial landlord can include a waiver of jury provision in a commercial lease. In contrast, residential tenants always have the option of presenting their case before a jury. No waiver of jury is available for residential landlords.
Nevertheless, the process for both commercial and residential evictions follows a similar path. First and foremost, the landlord must provide a notice to the tenant stating the landlord's intent to terminate the tenant's possession of the premises. Typically, a notice will be a Five Day Notice. In all circumstances, a landlord must provide a minimum Five Day Notice unless the lease specifies a longer notice provision. Additionally, if there is no lease or if the tenancy is a month-to-month tenancy, the Landlord must provide a 30 Day Notice. In any case, the landlord must wait until the time on the notice has expired before filing suit. Once the term of the notice has run, the landlord may file a petition for possession of the premises or for both possession and damages (usually meaning unpaid rent). This is known as a complaint in forcible entry and detainer.
Typically, once filed, a suit will move quickly through the courts. In my experience, at the first court hearing, defendants usually admit that they owe rent or breached some other provision of the lease. If the tenant acknowledges a breach, the judge will enter an order of possession and stay the execution of the order for a reasonable amount of time. In Dupage county, unless special circumstances warrant a longer amount of time, a judge will usually give tenants a two week stay of execution. This means that even though a landlord has an order of possession, the landlord cannot act on that order for two weeks or for however long the stay of execution lasts. After the stay of execution is up, a landlord has to file the order of possession with the Sheriff. In Dupage county, the Sheriff will then schedule a date to conduct the eviction.
The amount of time it takes the Sheriff to schedule an eviction varies depending on availability. Usually, the Sheriff will not schedule an eviction for at least a couple of weeks from the time of filing. However, it could potentially take a month or longer. If the tenant has not vacated the premises by the time the eviction day comes around, the Sheriff will enter the premises and supervise while the tenant is evicted.
The process in some instances can take much longer. If a tenant demands a jury trial, retains a lawyer or files a counterclaim, the process will almost certainly require a longer amount of time to make its way through the court. Additionally, collecting past due rent can go on much longer than the proceedings to merely regain possession of the premises.
Disclaimer: The law is constantly changing and there may be times when the information on this web site will not be current. This information is provided for general informational purposes only and is not intended as legal advice. This information is not a comprehensive treatment of the subject and is not a substitute for advice from an attorney.