In order to legally evict a tenant in Illinois, a landlord must take several actions.The reasons for eviction and the steps taken to do so must be in compliance with local and state laws.You can have the most stress-free eviction process if you do that.This article will show you how to evict a tenant.
Step 1: Determine if there are grounds for eviction.
If a tenant fails to pay rent within five days of the due date, they can be evicted.The grounds for eviction can be caused by the violation of specific conditions of the lease.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 leave the premises after the lease expires is a lawful ground for eviction.
Step 2: Have a discussion with the tenant.
If you want to resolve the issue without resorting to the courts, you should attempt to talk with your tenant.Ask the tenant if they need a little more time to pay their rent.In order to remedy the grounds for eviction, it may be a good idea to explain why their acts constitute a violation of the lease agreement.It is possible to avoid the costs associated with starting the eviction process while also avoiding having to locate a new tenant.You should get the details of the agreement in writing if you reach one during this informal discussion.
Step 3: The tenant should receive 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 lead to eviction proceedings.If the lease agreement isn’t strictly followed, you have the right to start eviction proceedings.
Step 4: A notice of eviction should be drafted.
You must follow a specific process in order to evict a tenant under Illinois law.The first thing you need to do is send a notice stating the address of the property and the unit number and asking the tenant to immediately pay the rent.A 5-day notice of eviction is only allowed for failure to pay rent in Illinois.The tenant has 5 days to pay or leave the property.A 10-day notice of eviction is given to tenants who violate the terms of their lease by committing illegal activities in the rental unit.In most of Illinois, the tenant doesn’t have the right to remedy the situation and must leave after 10 days.A 30-day notice of eviction can be used by a landlord to end a month-to-month or oral lease.
Step 5: The notice of eviction needs to be delivered to the tenant.
Proper service of process to the tenant is required under Illinois law.You can either hand deliver the notice to the tenant or someone at the rental unit that is at least 13 years old.If the tenant refuses to accept the notice, leave it on the ground.You can send the notice via certified mail.If nobody is living in the unit, put a notice on the door.
Step 6: You have to complete an affidavit of service.
The affidavit of service states that you have delivered the notice of eviction to the tenant.It is advisable to check with your local eviction court for specific affidavit of service procedures.
Step 7: If the tenant doesn’t remedy the situation, you can file a complaint.
It is possible to file a complaint with the County Clerk’s Office in the county where the rental unit is located.The proper complaint documentation can be accessed by visiting the County Clerk’s Office.There will be a fee.The amount to be paid should be checked with the County Clerk’s Office.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.The summons must be taken to the Sheriff’s Office.The summons will be delivered to the tenant by the Sheriff.
Step 8: You can go to court on the date mentioned in the summons.
You should bring a copy of the notice of eviction, affidavit of service, complaint, summons, and any witnesses or evidence that you have.Explain to the judge why the tenant should be evicted.After you and the tenant present their cases, the judge will make a decision.The tenant will be required to leave the rental unit within 14 to 21 days if you win the case.The tenant can use the rental unit until the end of his or her lease.