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Illinois Landlord Tenant Eviction / Unlawful Detainer Forms Package (Cook County only)

State:
Illinois
Control #:
IL-EVIC-PKG
Format:
Word; 
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Description

This package contains the essential state-specific forms a landlord needs to evict a tenant. If you need to get rid of an unwanted tenant, this money-saving package ensures that you follow the rules of Cook County. Included in this package are the following forms:



Summons for Trial ?ˆ“ Eviction - This official form from Cook County, Illinois, is a summons for trial in an eviction or forcible detainer case.



Complaint Regarding Forcible Detainer - This official form from Cook County, Illinois, is a civil complaint for use in forcible detainer (eviction) cases. The landlord uses this form to ask the court for possession of the premises, as well as money damages.



Complaint for Possession Only (Forcible Detainer) - This official form from Cook County, Illinois, is a complaint for possession only in a forcible detainer (eviction) case.



Notice of Termination of Tenancy - This official form from Cook County, Illinois, is used by a landlord/lessor to notify a renter/lessee that his tenancy of the leased premises is being terminated.



30 Day Notice to Terminate Lease Greater Than Week-to-Week, Less Than Year-to-Year from Landlord to Tenant - This form is used by a landlord to terminate a lease with a period of greater than week to week, but less than year to year (for example, a month-to-month lease). A periodic lease is one which continues from period to period (rent is typically payable at the beginning of each period) until terminated by either landlord or tenant. This notice must be served on the tenant at least 30 days prior to the date indicated in the notice for termination.



10 day Notice of Material Noncompliance with Lease or Rental Agreement - Residential - 10 days to Cure - This form is used by the landlord to notify a residential tenant of a breach of the lease due to material non-compliance with the lease provisions. "Residential" includes a house, apartment, or condo. The specific material non-compliance is identified, and the tenant is given 10 days to cure the breach or suffer termination.



60 Day Notice to Terminate Year-to-Year Lease - To Be Given At Any Time Within The 4 Months Prior To Last 60 Days Of Lease From Landlord To Tenant - This form is used by a landlord to terminate a year-to-year lease. The notice must be served on the tenant at least 4 months prior to the last 60 days of the current lease-year (at least 6 months prior to the end of the lease). The lease then terminates at the end of the current lease year.

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  • Preview Illinois Landlord Tenant Eviction / Unlawful Detainer Forms Package (Cook County only)
  • Preview Illinois Landlord Tenant Eviction / Unlawful Detainer Forms Package (Cook County only)
  • Preview Illinois Landlord Tenant Eviction / Unlawful Detainer Forms Package (Cook County only)
  • Preview Illinois Landlord Tenant Eviction / Unlawful Detainer Forms Package (Cook County only)

Key Concepts & Definitions

Unlawful Eviction: This term refers to the illegal removal of a tenant from rental property by a landlord without following the proper legal procedures. Property Law: A field of law that governs various forms of ownership and tenancy in real property and personal property. Tenant Rights: Legal rights protecting the tenant from unlawful eviction and ensuring fair treatment.

Step-by-Step Guide to the Eviction Process in Illinois

  1. Notice of Eviction: Landlords must provide tenants with a formal notice stating the reason for eviction, such as nonpayment of rent.
  2. Legal Proceedings: If the tenant does not comply by either rectifying the issue or vacating the premises, the landlord may file for an eviction with the court.
  3. Court Hearing: Both parties present their case, and a judge makes a decision based on the evidence provided.
  4. Execution of Eviction: If the eviction is granted, the landlord may then lawfully remove the tenant through sheriff's supervision.

Risk Analysis of Unlawful Evictions

Carrying out an eviction without adhering to the proper legal procedures can result in significant consequences including legal penalties, damage to reputation, and possible financial liabilities.

Comparison Table: Legal vs. Unlawful Evictions

AspectLawful EvictionUnlawful Eviction
ProcedureFollows state-specific legal processSkips legal processes, often forceful
Consequences for TenantLawful displacement with legal backupPotential harm or distress without legal recourse
Consequences for LandlordMaintains legal standing and property rightsRisk of legal penalties and damage to reputation

Key Takeaways

Ensuring a thorough understanding of the eviction process and tenant rights in Illinois is crucial for both landlords and tenants to avoid unlawful evictions and possible litigations.

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FAQ

An unlawful detainer is an eviction lawsuit. This won't be reported to the credit bureaus unless you are actually evicted.Much like losing a lawsuit, unlawful-detainer suits are reported to the credit bureaus.

Filing with the Sheriff All orders must be filed at the Sheriff's Eviction Office in room 701 of the Richard J. Daley Center. There is a non-refundable filing fee of $60.50 which must be paid in the form of a check, money order or cashier's check.

Know Your Rights. It goes without saying, but take some time to know your rights as a tenant. Keep Good Records. Make Sure Notice is Proper. Service of the Unlawful Detainer. Talking to an Attorney. Managing Partner Lipton Legal Group, A PC Beverly Hills, CA.

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.

Court costs for an eviction: Filing fee $237.00, Summons $60.00 per person served.

Evicting Without a Lease A landlord may evict a renter who does not have a lease and instead has a renter's agreement, as long as they give the tenant at least a 30-day notice. There is no reasoning required for a landlord to end this type of agreement.

Short answer: It can take anywhere between 45 to 75 days to evict someone in California, on average.

Courts commonly refer to eviction actions as "forcible entry and detainer" or "unlawful detainer" actions. The legal theory is that the landlord alleges the tenant unlawfully continues to have use and possession of the rental property, and the landlord seeks the assistance of the court to have the tenant removed.

At the trial, the landlord will put on her case.The landlord will talk about the Notice of Termination that was sent to the tenant and her reasons for wanting to evict the tenant. The landlord may present other witnesses to support her claims against the tenant.

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Illinois Landlord Tenant Eviction / Unlawful Detainer Forms Package (Cook County only)