Evict a Tenant in Illinois
There are several actions a landlord must take in order to legally evict a tenant in Illinois. A landlord must ensure that the reasons for eviction and the steps taken to do so are in compliance with local and state laws. Doing so will allow you to have the most stress-free eviction process possible. This article will explain to you how to evict a tenant in Illinois.
Contents
Steps
Determining Whether Eviction is the Best Option
- Determine whether grounds for eviction exist. Under Illinois law a tenant’s failure to pay rent within five days of the payment due date is sufficient grounds for eviction. The violation of any specific conditions of the lease can also give rise to grounds for eviction. For example, if the lease agreement has a no-pet clause, the tenant’s decision to keep a dog at the rented property would constitute proper grounds for eviction.
- A tenant’s refusal to vacate the premises following the expiration of the lease is also a lawful ground for eviction.
- Have an informal discussion with the tenant. Before commencing the eviction process you should attempt to talk with your tenant in order to hopefully resolve the issue without resorting to the courts system. Ask the tenant whether they just need a little extra time to get caught up on rent past due. It may even be a good idea to explain the reason why their acts constitute a violation of the lease agreement, in order to remedy the grounds for eviction. This way you can avoid the costs associated with commencing the eviction process, while also avoiding having to exert the time and costs associated with locating a new tenant.
- If you reach any agreements during this informal discussion, you should make sure to get the details of the resulting agreement in writing.
- Send the tenant an official letter. Send a letter to the tenant reminding them of the different conditions of their lease agreement, and explain how specific violations could give rise to eviction proceedings. State clearly that you expect all of the conditions of the lease agreement to be strictly followed, and should this not occur, you have the right to commence eviction proceeding.
Legally Evicting a Tenant in Illinois
- Draft a notice of eviction. There is a very specific process that you must follow in order to properly evict a tenant under Illinois law. Your first step is to send a notice that describes the premises (ie.the address of the property and the unit number), and requests that the tenant immediately pays the amount of rent past due at the time that notice is given. There are 3 types of notice of eviction that are allowed under Illinois law:
- A 5-day notice of eviction is only allowed for failure to pay rent. The tenant will then have 5 days to pay his or her rent or vacate the property.
- A 10-day notice of eviction is issued to tenants who violate the terms of the lease through actions such as having unauthorized pets or committing illegal activities in the rental unit. In most, but not all areas of Illinois, the tenant does not have the right to remedy the situation and must leave after 10 days.
- A 30-day notice of eviction may be used by a landlord to terminate a month-to-month or oral lease for any or no reason.
- Deliver the notice of eviction to the tenant. Lawfully evicting a tenant under Illinois law requires delivering proper service of process to the tenant. You have a couple of options for properly delivering the notice, you can either:
- Hand-deliver the notice to the tenant or someone who is at the rental unit that is at least 13 years old.
- Leave the notice on the ground in front of the tenant in cases where the tenant refuses to accept it.
- Send the notice via certified mail with a return receipt requested.
- Post the notice on the door of the rental unit if nobody appears to be living there.
- Complete an affidavit of service and have it notarized. The affidavit of service is an official document stating that you have delivered the notice of eviction to the tenant. Check with your local eviction court for specific affidavit of service procedures that must be followed.
- File a complaint if the tenant does not remedy the situation or vacate the rental unit. Complaints can be filed with the County Clerk's Office in the county that the rental unit is located in. Visit the County Clerk’s Office in order to access the proper complaint documentation.
- There will be a filing fee. Check with the County Clerk's Office for the amount to be paid.
- After paying the filing fee you will be given a copy of the complaint and a summons, which will include a court date that you and the tenant must attend.
- You then must take the summons to the relevant Sheriff's Office. Upon receipt of the summons, the Sheriff will deliver the summons to appear in court to the tenant.
- Go to court on the date that is mentioned in the summons. Bring a copy of the notice of eviction, an affidavit of service, a copy of the complaint, a copy of the summons, and any witnesses or evidence that you have. Explain to the judge why the tenant should be evicted. The judge will issue a decision after you and the tenant have each presented your case.
- If you win the case, the tenant will typically be required to vacate the rental unit within 14 to 21 days.
- If the tenant wins, he or she may use the rental unit until the end of his or her lease term.
Tips
- Research your local rules and regulations regarding tenant law prior to proceeding with an eviction. Certain areas of the state may have additional rules and regulations.
- Unlawfully changing locks, cutting off utilities or taking any other self-help remedies intended to evict a tenant is punishable by a fine of $500 per day.
- However, you can have the a sheriff remove the tenant from the rental unit if the tenant fails to comply with a court-ordered eviction.
Warnings
- Make sure you give the notice of eviction to the tenant in one of the prescribed manners. Otherwise, the case will be thrown out of court due to improper service of process
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