Illinois Summons In Forcible Entry and Detainer

State:
Illinois
Control #:
IL-88
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PDF
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Description

Summons In Forcible Entry and Detainer

Illinois Summons In Forcible Entry and Detained (FED) is a legal process the landlord can use to remove a tenant from a rental property. The landlord files a complaint with the court and if the tenant does not respond by the specified date, the court will issue a summons. The summons demands that the tenant appear in court and answer the complaint, or the landlord will be granted possession of the property. The FED process is often used when the tenant has failed to pay rent, violated the terms of the lease, or stayed beyond the end of the lease term without the landlord's permission. There are two types of Illinois Summons In Forcible Entry and Detained: 1. Summons of Forcible Entry and Detained: This summons is used when a tenant has failed to pay rent or has violated the terms of the lease. The landlord files the complaint with the court and is required to give the tenant at least 5 days’ notice before the court date. 2. Summons of Possession: This summons is used when a tenant has stayed beyond the end of the lease term without the landlord's permission. The summons demands that the tenant vacate the property and must be given at least 10 days' notice before the court date.

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FAQ

Naturally, landlords are hesitant to rent to someone with an eviction on their record. Evictions can stay on your credit report for up to seven years, creating a great deal of trouble for someone who cannot afford to buy a home but still needs to secure housing.

On average, it would take anywhere between 3 weeks to 6 months for a complete eviction process. This does not include any appeals for reconsideration.

Evictions will generally appear on your credit report. The court records are also public, unless they are sealed (see below). Banks and future landlords can see that you were evicted if you try to get a loan or rent again.

In Illinois, the law which defines the process of eviction is known as the Forcible Entry and Detainer Act. The forcible court is known as a court of limited jurisdiction, which means that only claims for possession and monetary damages can be heard. The court will not allow unrelated defenses and counterclaims.

The landlord must give the tenant notice and go through the court process to get an Eviction Order. Then they must get the Sheriff to remove the tenant from the unit. The landlord cannot change the locks or remove the tenant's property until the Sheriff enforces the Eviction Order.

On average, it would take anywhere between 3 weeks to 6 months for a complete eviction process. This does not include any appeals for reconsideration.

Usually, the judge will give you 7-14 days. The date you have to move out will be listed on the Eviction Order. The landlord cannot do anything before that date. If you need more time to move, you will need to file a motion with the court.

An eviction notice does not start a court case. If your landlord starts an eviction case against you, you will receive a Complaint and Summons. Your landlord must serve you with an eviction notice before filing the Complaint and Summons. First option: Resolve the issue without going to court.

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Illinois Summons In Forcible Entry and Detainer