An Illinois Forcible Entry and Detained (Eviction) Order is a legal document issued by a court when a landlord is seeking to evict a tenant for failing to pay rent or for breach of a rental agreement. The eviction order requires the tenant to either move out of the property or face the possibility of being forcibly removed by the sheriff. There are three types of Illinois Forcible Entry and Detained (Eviction) Orders: Summary Order, Notice to Quit, and Warrant of Possession. A Summary Order is issued when the tenant has been given notice to vacate the property and fails to do so. A Notice to Quit is issued when the tenant fails to pay rent on time or breaches the rental agreement. The Notice to Quit gives the tenant a certain amount of time to move out before an eviction order is issued. A Warrant of Possession is issued when the tenant has failed to comply with a Summary Order or Notice to Quit. This order authorizes the sheriff to forcibly remove the tenant from the property.
Illinois Forcible Entry and Detainer (Eviction) Order
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FAQ
If the matter is heard before a judge, the process can take approximately 21 to 60 days to obtain an order of eviction. Depending on the schedule of the Cook County Sheriff, an additional 6-8 week period may apply before the individual(s) are removed from the property.
Illinois tenants can refuse entry requests any time they believe in good faith that the entry is unreasonable (for example, if it's for a showing of the property at AM). However, if the landlord disagrees, he may give the tenant a ten-day Notice to Quit and attempt eviction.
If the tenant does not leave by the date stated in the Eviction Order, you can go to the sheriff's department with the Eviction Order and ask to have your tenant evicted. You must do this within 120 days of the day the Eviction Order was entered. After that time, you must get a new Eviction Order.
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.?
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.
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.
You may also contact the Cook County Sheriff's Office Social Services Department if you need additional assistance by calling 312-603-3337. THE EVICTION: Evictions are generally scheduled in the order of filing but may occur as soon as twenty-four (24) hours after an Order has been placed with the Sheriff's Office.