An Illinois Order of Forcible Entry and Detained is a court order issued by a judge in the state of Illinois. This order allows a landlord to take possession of a tenant's rental property if the tenant has failed to pay rent or violated the terms of the rental agreement. There are three main types of Illinois Order of Forcible Entry and Detained: Summary Process, Possession Only, and Possession and Rent. In Summary Process, the landlord is seeking both possession of the property and any unpaid rent. In Possession Only, the landlord is only seeking possession of the property. In Possession and Rent, the landlord is seeking possession of the property and unpaid rent. All three types of Illinois Order of Forcible Entry and Detained provide the landlord legal authority to take possession of the property if the tenant does not comply with the court order.
Illinois Order (Forcible Entry and Detainer)
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FAQ
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.
Eviction for No Lease or End of Lease In Illinois, a landlord can evict a tenant without a lease or with a lease that has ended (known as a ?holdover tenant? or ?tenant at will?). To do so, the landlord must first terminate the tenancy by giving the tenant proper notice (30 calendar days' notice to move out).
However, ing to the Illinois Forcible Entry and Detainer Act, you cannot physically force an unwelcome guest to move out of your unit. That's because they have 'possession' of the property by way of 'oral agreement' of the person who has claim of the title.
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.
The Forcible Entry and Detainer Section of the Circuit Court of Cook County is a section within the First Municipal District. Because the Forcible Entry and Detainer Section hears cases that seek evictions from real estate premises, the section is commonly known as ?Eviction Court.?
Any guest staying in the property more than two weeks in any six-month period will be considered a tenant, rather than a guest, and must be added in the lease agreement. Landlord may also increase the rent at any such time that a new tenant is added to the lease or premise.
You'll have to formally terminate the unwanted guest's right to possession through a written 30-day notice to terminate their tenancy. If the individual still hasn't vacated the residence after 30 days, you have the right to file an eviction lawsuit. A judge can demand this individual vacate the apartment.