Illinois Eviction Process

How to Evict a Tenant in Illinois

Step 1: Submit a Notice to Quit to the Tenant

The initial step in addressing lease violations is to give the tenant a notice outlining the issue, allowing them a chance to remedy it. The type of notice depends on the nature of the violation.

735 ILCS § 5/IX lays out the strategies a landlord can use to deliver the eviction notice to the tenant. First, the landlord must send a copy via certified mail. The landlord may also:

• Deliver the notice directly to the tenant
• Leave the notice with a resident of the unit over the age of 13
• Post a copy of the notice in a prominent place on the premises if there is no one available on the property to accept delivery of the notice

Regarding a squatter, 735 ILCS § 5/9-104 notes that the property owner should deliver a copy addressed to “unknown occupants” or post a copy on the premises.

During the required notice period, the tenant can remedy the lease violation and get back in good standing with the landlord, ending the eviction. This includes making late rent payments or taking care of any lease violations that can be remedied.

Step 2: File an Eviction Lawsuit

If a tenant fails to fix a violation or receives an irreversible notice to quit, the landlord must wait until the notice period ends before filing an eviction lawsuit in the Illinois Circuit Court, as per 735 ILCS 5/9-120. The lawsuit must be filed in the property’s county.

The complaint will include a full explanation of the tenant’s lease violation, including any evidence the landlord may have and any other demands the landlord is making in relation to the case. Demands may include past due rent, attorney’s fees, and any other reasonable costs incurred by the landlord due to the tenant’s violation. The landlord should also include copies of any relevant documentation:

• The lease agreement
• The notice to quit submitted to the tenant
• Evidence that the landlord submitted the notice to the tenant in accordance with 735 ILCS § 5/9-104

The complaint should clearly state the landlord’s right to take possession of the property.

Step 3: Tenant Summons and Response

Once the court receives the complaint, it will issue a summons to the tenant. The summons will set a court date at which the tenant must appear to contest the eviction. The tenant does not legally have to respond to the summons to participate in the case; however, the tenant does have to file an Appearance Form notifying the court of the tenant’s intent to appear at the trial.

As part of the Appearance Form, the tenant, under 735 ILCS § 5/9-108, can request a jury trial. The landlord also has the right to request a jury trial if desired.

If the tenant does choose to file an Eviction Answer, Defenses, and Counterclaims Form under 735 ILCS 5/9-306, the tenant can deny the landlord’s allegations or provide a defense against any or all of them.

Step 4: Court Appearance

On the day of the court appearance, both landlord and tenant should bring all relevant evidence that shows their cases. The landlord’s information should include:

• A copy of the lease
• The notice to quit that was supplied to the tenant
• Proof of service of the notice to quit
• Evidence of the tenant’s lease violation

In court, both the landlord and tenant can present their cases. The outcome could favor the tenant, allowing them to rectify violations and stay, or favor the landlord, leading to tenant eviction. Under 735 ILCS § 5/9-110, if a tenant misses the eviction trial for unpaid rent, they can avoid eviction by paying the overdue rent and attorney fees within 30 days, but only once in five years.

Step 5: Eviction Order Enforcement

Within 120 days of judgment, landlords must file for enforcement at the sheriff’s office, which then posts the eviction notice at the tenant’s residence. Typically, tenants have 1-2 weeks to vacate, but for drug-related cases, eviction occurs within 7 days as per 735 ILCS § 5/9-120. Failure to vacate leads to the sheriff forcibly removing the tenant.

Obtaining a Writ of Possession is essential following a favorable court ruling for the landlord. This writ authorizes the sheriff’s deputy to physically evict the tenant, enabling the landlord to lawfully reclaim their property. This step solidifies the court’s ruling, facilitating the landlord’s repossession of the property.

Reasons for Eviction in Illinois

There are two primary types of eviction: no-fault evictions and at-fault evictions. Choosing the appropriate type of eviction and following the legal process to remove the tenant from the property is crucial. This will protect the landlord legally and ensure a smooth eviction process.

At-Fault Evictions

An at-fault eviction happens when a tenant breaks the lease agreement in some way, such as not paying rent or not following the lease terms. This means the landlord must legally remove the tenant from the property to prevent any further financial harm to themselves or their property.

1. Rent Demand Notice

Overview

• According to 735 ILCS § 5/9-209, a five-day notice to quit is used when a tenant is late on rent. Illinois has no mandatory grace period on late rent, so the lease typically determines the grace period.
• This notice gives the tenant five days to catch up on rent or leave the premises.
• Illinois counts weekends and holidays in the five-day notice period; however, if the last day of the notice period falls on a Saturday, Sunday, or holiday, it is excluded from the notice period.
• Under 735 ILCS § 5/9-209, tenants can make partial rent payments during the notice period. However, accepting partial rent payments does not constitute an agreement to waive the right to continue eviction proceedings unless the landlord gives written notice. Rent must be paid in full to stay eviction.

2. Lease Violation Notice

Overview

• Under 735 ILCS § 5/9-210, a 10-day notice to quit is used when a tenant violates a lease term other than non-payment of rent: having pets in a pet-free residence or adding a resident against the lease terms, for example.
• The 10-day notice to quit gives the tenant ten days from the date the notice is issued to rectify the violation.
• Those ten days include weekends and holidays; however, if the last day of the notice falls on a weekend or holiday, it is excluded from the notice period.
• In Chicago, landlords must give a 14-day notice to quit if the tenant commits a lease violation, leading to significant health and safety problems.

3. Unconditional Notice of Non-Compliance for Illegal Activity

• According to 735 ILCS § 5/9-120, a 5-day unconditional notice to quit is issued when a tenant engages in illegal activity on the property.
• The unconditional notice to quit gives the tenant five days to vacate the property without the opportunity to remedy the violation.
• The notice period spans five days, counting weekends and holidays. That day is not counted if it ends on a weekend or holiday.

No-Fault Evictions

Sometimes, a landlord may need to remove a tenant from the property after the lease period has ended.

Notice to Quit for Month-to-Month Lease Termination

• As laid out in 735 ILCS § 5/9-207, a 30-day notice to quit is used when a landlord is ready to remove a tenant from the property after a lease term has ended or the tenant has otherwise gone to a month-to-month rent payment strategy.
• This notice gives the tenant 30 days’ notice to move from the property.
• The 30-day notice period includes holiday and weekend dates.

Eviction Timeline

The eviction process can take varying amounts of time depending on various factors, such as the kind of violation that prompted the eviction. Landlords ought to consider the eviction timeline and overall process when planning for a property’s future, even if they know that a tenant is being evicted.

Tenant Rights in Illinois

Tenants in Illinois have several rights that landlords must protect.

Self-Help Evictions

Under 735 ILCS § 735/1, self-help evictions are not legal. This can include:

• Removing the tenant’s property from the premises
• Locking the tenant out of the property
• Stopping vital utility services to the property

The tenant can file a claim for damages caused by a landlord who attempts a self-help eviction.

Abandoned Property

Under 735 ILCS § 5/15-1505, a landlord does not have to inventory or store property the tenant leaves behind after eviction.

Resources

• Illinois Rules on Civil Proceedings in the Trial Court
• HUD Tenant Rights, Laws, and Protections in Illinois
• Rental Housing Resources from the Illinois Housing Development Authority