EVICTION

Let me tell you a little bit about the eviction process in Illinois. First, the landlord must serve the tenant with a 5 day, 10 day, or 30 day notice. A 5 day notice is for non-payment of rent, 10 day notice is to cure violations, and the 30 day notice is to give the tenant notice that they must leave at the end of the 30 day period.

If the tenant doesn’t pay the amount due, cure the violations, or the time to leave has expired, a lawsuit in forcible entry and detainer may be filed with the Circuit Court. The landlord must provide for service of process on the tenant and all unknown occupants.

Service of process must first be attempted by the sheriff. In the event the Sheriff fails to obtain service on the tenant(s), the next step is to hire a “special process server”. In the event the sheriff couldn’t serve the tenant, and the special process server is not successful, the landlord must make a diligent attempt to locate the tenant. If they fail, the landlord can opt for service by an alternate means known as the Sheriff’s Posting Notice. Service by posting only affords the landlord to obtain an order for possession of the property but not a money judgment against the tenant.

On the court date, the tenant must stand ready for trial, or may be given a continuance to obtain counsel. The eviction hearing can be complicated, but once a landlord obtains an order for possession against a tenant and the tenant remains in the property past the date possession is to be turned over, the landlord may bring the order to the Sheriff who will then remove the tenant from the property. The landlord should be present.

The cost to evict and the process to evict can be surprising. You want to be sure that you are doing it right. If you require eviction assistance, call The Evans Williams Law Group to schedule a consultation. We look forward to working with you.

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