Legal Question in Landlord & Tenant Law in Illinois

Re: eviction

A judge must order the Sheriff to evict.

First, the following occurs:

If tenant fails to pay, prior to filing a claim to evict the tenant, you shall provide tenant with a 5 day notice. Notices are served on the tenant after defaulting on rent payments.

A notice must describe the premises and state the the number of days after service of notice when the tenancy will terminate. Once the notice period expires, tenancy is terminated and you can file a court action seeking eviction. A notice period begins one day after notice is served. The last day of the period is excluded if it is on a Saturday, Sunday, or holiday. If served by certified mail, a notice period begins one day after the tenant receives the notice. Notice must include the amount of rent due and that tenant has five days to pay. Additional damages are excluded from the Notice.

If tenant pays, or attempts to pay, outstanding rent before expiration of the notice period the eviction action is defeated. State in the notice that only full payment will be accepted as acceptance of partial outstanding rent may allow a tenant to reinstate the tenancy.

Notice can be served by 1. personal service on the tenant; 2. personal service on someone at the tenant�s home over 12 years old; 3. mailing notice to the tenant by certified or registered mail, with return receipt signed by the tenant; or 4. if the rental space is vacant, you may post the notice at the premises.

Once tenant is served, you must include an affidavit of service indicating that tenant was properly served and have the servers signature notarized. A copy of the affidavit will be filed with the court.

If 5 days expires and the tenant fails to pay you may file a complaint in the circuit court for the county where the premises is located. The complaint will state that you are entitled to possession of the premises and that tenant unlawfully withholds possession. The clerk of the circuit court may provide a form complaint for you to fill out. Also, the clerk will issue a summons, which will be served on the tenants, instructing them to appear in court and respond to the complaint. In addition, you may also include in the complaint a claim for past due rent. Often, a complaint to evict a tenant is not contested by the tenant and the eviction process can move swiftly. However, a tenant may file an answer to your complaint or even a counterclaim, which sets forth reasons for nonpayment of rent. If so, be prepared for a trial before either a judge or jury.

This answer is applicable if the eviction stems from tenant failure to pay rent. If the eviction stems from another reason, specify that reason and I will try to help you. Also you must follow the rules of civil procedure as attorneys and laymen are required to adhere to the rules and your failure to do so may result in your claim being dismissed. The Clerk's office probably has a help desk to assist you in properly filing the claim and issuing the summons.