Legal Question in Real Estate Law in Illinois
I am a landlord ad I have a renter who has not paid rent forthe past two months.
I have filed a complaint and have a court date. What happens if the defendant does not show up?
1 Answer from Attorneys
Provided you (1) properly served him with a five-day notice prior to filing your lawsuit, (2) have an affidavit concerning military service (ask the county's Circuit Court Clerk for form or check the clerk's website) and (3) the defendants are all properly served, you would be given a default judgment. Exact practice can vary from county to county and your location just says "Illinois." I suggest you get advice locally and also check to see if your city or county has a landlord-tenant ordinance that may have other requirements.
Military Search: https://www.dmdc.osd.mil/appj/scra/
See this page for a sample Military Service Affidavit from Lake County: http://www.lakecountyil.gov/CircuitClerk/Publications/Pages/CivilSmallClaims.aspx