Illinois Eviction - Forcible Entry and Detainer Complaint

State:
Illinois
Control #:
IL-SKU-3027
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PDF
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Eviction - Forcible Entry and Detainer Complaint

An Illinois Eviction — Forcible Entry anDetaineder (FED) Complaint is a legal document used by landlords to evict tenants who are occupying a rental property without permission or whose lease has expired. There are two different types of FED Complaints in Illinois: 1. Regular FED Complaint: This is used to evict a tenant from a rental unit or space who is occupying the premises without authorization or whose lease has expired. 2. Summary FED Complaint: This is used to evict a tenant from a rental unit or space who is occupying the premises without authorization or who is engaged in illegal activities or is in breach of the lease agreement. The FED Complaint is filed with the Circuit Court Clerk in the county where the property is located, and the tenant is served with a summons. The summons will contain a three-day notice to vacate, which the tenant must comply with or face eviction. If the tenant fails to comply, the landlord can then proceed with the eviction process.

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FAQ

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.

Notice Requirements for Illinois Landlords A landlord can simply give you a written notice to move, allowing you 30 days as required by Illinois law and specifying the date on which your tenancy will end.

Once the written termination notice has been properly served and the termination notice period has expired, the landlord can then take legal action against you and file a court case seeking to evict you. Specifically, the landlord will file a Complaint in the Circuit Court of Cook County.

You must file your appeal within 30 days of the eviction order. To do this, go to the court that ordered the eviction, find the court clerk, and request to file a notice of appeal. Make sure you have a copy of the eviction order with you.

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 Writ of Execution gives the tenant 7-14 days to vacate the property depending on the type of eviction. Evictions related to illegal activity gives tenants only 7 days to vacate the property.

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.

You can file a motion to vacate a default judgment. If you successfully vacate the judgment, you will be able to stay on the property until the court enters a new judgment. This will give you more time to live on the property. The Eviction Order will say when you have to move out.

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Illinois Eviction - Forcible Entry and Detainer Complaint