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Contents
This article provides general information and is not legal advice. For accuracy and specific guidance on landlord-tenant laws, consult an attorney before making any decisions or taking action.
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According to Illinois eviction laws, landlords must adhere to certain guidelines when evicting a tenant. This includes having a valid reason for the eviction and providing appropriate notice to the tenant. Familiarizing yourself with these laws is vital for landlords to ensure compliance and avoid potential legal issues.
This article will cover everything you need to know about Illinois eviction laws, from the grounds for eviction to how to evict someone in Illinois. Additionally, we will address common questions related to the eviction laws in Illinois.
There are several laws in Illinois that govern the eviction process in the state. These laws were enacted to protect tenant rights while addressing landlord interests during an eviction.
For example, landlords cannot evict a tenant without a valid reason. Common grounds by which landlords can initiate an eviction include non-payment of rent, lease violations, and illegal activities occurring on the property.
In addition, landlords must provide appropriate notice before they can proceed with an eviction lawsuit. The required notice period depends on the specific grounds for eviction.
Under Illinois laws, tenants have important rights that protect them from retaliatory and discriminatory evictions. For example, they can contest the eviction in court, get legal representation, and remain in the property until a court order is issued.
For landlords to carry out a lawful eviction, they have to follow specific steps. First, they should confirm if they have legal grounds for the action. Next, they must serve the appropriate notices and, if necessary, file an eviction lawsuit. Attending court hearings is essential, and if the court rules in favor of the landlord, they can request enforcement of the eviction order.
Per Illinois eviction law, landlords are required to establish a valid reason before they can initiate an eviction process against a tenant. Below are the legally accepted grounds for eviction in Illinois:
Timely rent payment is a fundamental obligation in most lease agreements. Typically, these agreements may include a grace period; however, if rent is not paid, the landlord must issue a 5-day notice to pay or vacate.
If the tenant pays within this timeframe, eviction proceedings cannot be initiated. Conversely, if the tenant fails to pay, the landlord is entitled to file for eviction, and the court will subsequently serve the tenant with a summons and complaint to facilitate their defense preparation.
Lease agreements outline the expectations for both landlords and tenants. Any breach of these terms can lead to eviction. In Illinois, landlords must provide 10-day notice for tenants to either comply with the lease terms or vacate. If the tenant rectifies the violation within this period, the eviction process halts. Common lease violations include:
If violations persist and are not addressed by the tenant, landlords may proceed with eviction.
Tenants involved in illegal activities violate their lease agreements. In such cases, landlords are required to issue a 5-day notice to quit. Illinois law defines illegal activities that warrant eviction as including:
Additionally, serious felonies such as armed robbery or sexual assault may also trigger an eviction notice.
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There are different types of eviction notices landlords can give a tenant in Illinois, each serving a specific purpose with varying notice periods.
Here’s an overview of the different types of eviction notices landlords may issue:
If a tenant fails to pay rent, the landlord can issue a 5-Day Notice to Quit. This notice gives the tenant five days to pay the overdue rent. If the tenant does not make the payment within this timeframe, the landlord is entitled to initiate eviction proceedings. (735 ILCS-120(d))
Under Illinois law, if a tenant does not adhere to the terms of their lease or rental agreement, the landlord may serve a 10-Day Notice to Vacate. This notice requires the tenant to vacate the premises within ten days without any opportunity to remedy the situation.
For minor violations of a rental agreement, tenants may receive a 10-Day Notice to Comply or Vacate. This notice allows tenants ten days to correct the violation or leave the property. If they fail to do either, the landlord can proceed with eviction. (735 ILCS 5/9-210)
In cases where a tenant is arrested for felony activities or causes significant damage to the property, a 5-Day Notice to Vacate may be issued. The tenant has five days to either comply with the notice or vacate the premises.
If a tenant causes minor damage or violates health and safety regulations, landlords can issue a 14-Day Notice to Comply. This notice provides tenants with fourteen days to address the issues or leave the property. Failure to comply may lead the landlord to file for eviction.
For tenants without a written lease or those on a month-to-month lease, landlords must provide a 30-Day Notice to Vacate. The notice period can vary based on how frequently rent is paid.
Related: Lease Termination Letter | A Guide for Landlords
Here's an overview of the steps involved in a typical eviction process Illinois:
Related: How To Evict A Tenant: The Landlords Guide To Fast Legal Evictions
Before a landlord can start an eviction process in Illinois, they have to ensure they have a valid reason to do so. After establishing a legal ground for eviction, here’s a detailed overview of the steps involved in an Illinois eviction process:
The eviction process begins when the landlord prepares and serves a written notice to the tenant. This notice can be delivered in various ways, including in person, by certified mail, or by posting it on the property.
If the situation escalates to court, the landlord must present the original, signed notice along with a declaration of service.
Once the notice period has expired without compliance from the tenant, the landlord must file an eviction lawsuit in the appropriate circuit court. It’s important to note that the filing fee varies by county.
To initiate this process, the landlord must attach relevant documents such as the rental agreement, affidavits of service, and the eviction notice to their complaint. The summons and complaint must then be served to the tenant by a professional process server, sheriff, or another adult who is not involved in the case.
Following the court's issuance of a summons, legal action officially commences between seven and forty days later.
Tenants are not obligated to respond before their court date but are strongly encouraged to attend the hearing. If they fail to appear, the court may issue an eviction order in favor of the landlord. However, tenants have the right to apply for a vacation of any default judgment within thirty days after it has been issued, arguing their case before a judge.
A hearing is typically scheduled within fourteen days after filing a complaint. If the tenant does not contest the eviction, the landlord must provide several documents during this hearing:
If satisfied with the evidence presented, the judge will issue an eviction order, allowing the landlord to proceed with evicting the tenant.
Once an eviction order is granted, the tenant is required to vacate the rental unit. The eviction order is typically served within seven days following the hearing.
If a tenant fails to vacate as ordered, enforcement may be carried out by a sheriff. This is particularly applicable in cases involving illegal activities on the premises. The execution of an eviction order generally occurs within seven days after any stay of execution expires.
Related: How To Evict A Tenant With No Lease
Typically, the entire Illinois eviction process can take anywhere from three weeks to six months, depending on the circumstances surrounding each case.
Below is an overview of the average timeline for a complete eviction, excluding special cases such as appeals or continuances.
Related: Why Are Evictions So Costly? (and How to Avoid Them)
Preparing for an eviction hearing in Illinois requires landlords to be organized and equipped with the necessary documents and evidence to support their case. This guide will help you navigate the process effectively.
Before moving forward, confirm that you have valid legal grounds for eviction. Common reasons include non-payment of rent, lease violations, or other breaches of the rental agreement.
Collect the following key documents to strengthen your case:
To support your claims, gather evidence related to any lease violations:
Be ready to present your case clearly and confidently to the judge. Outline the reasons for eviction and provide supporting evidence. Practice delivering your information succinctly to make a strong impression.
Familiarize yourself with Illinois' rules regarding admissible evidence. Remember that hearsay evidence may not be accepted unless the original author is present to testify.
Prepare for potential defenses that the tenant may raise, such as claims of retaliatory eviction or issues related to habitability. Have counter-evidence ready to address and refute their arguments.
If you feel uncertain about the legal process or what specific evidence is required, consider consulting with an attorney experienced in Illinois eviction law. Their expertise can help ensure you are fully prepared for your hearing.
In Illinois, tenants are afforded specific rights that safeguard them from unlawful eviction and ensure they are treated fairly throughout the eviction process.
Illinois law mandates that landlords adhere to strict legal protocols when evicting a tenant. This includes providing proper notice and securing a court order before proceeding with any eviction. Tenants have the right to remain in their rental unit until a judge issues an official eviction order, meaning they cannot be forcibly removed without this legal backing.
Moreover, tenants are shielded from retaliatory evictions. This type of eviction occurs when a landlord attempts to remove a tenant for exercising their legal rights, such as reporting violations of housing codes or participating in a tenants' union.
Illinois law also prohibits self-help evictions. This means landlords cannot change locks or remove a tenant's belongings without a court order, ensuring that tenants are not subjected to unlawful actions by their landlords.
Understanding how eviction works in Illinois is crucial for landlords to successfully navigate the processes involved. During the eviction process in Illinois, landlords must ensure they provide appropriate notice to tenants and follow Illinois laws.
Landlords should also be aware that tenants have the right to challenge an eviction in court. To this effect, we can’t stress enough how important being well-prepared is for any potential legal proceedings. This includes collecting relevant evidence and documentation, which can make a significant difference in the outcome of an eviction lawsuit.
Evictions can be costly and stressful. As such, the best eviction policy for landlords to have is avoidance. To avoid evictions ensure you have a thorough tenant screening process in place. You can leverage software like Landlord Studio to make finding new tenant easy, and with a built-in tenant screening service you can streamline the entire tenant selection process and have complete confidence in your final decision.
Create your free Landlord Studio account today for simple and effective rental listings, applications and tenant screening.
