Illinois Eviction Procedures and Landlord or Plaintiff Responsibilities vary depending on the type of eviction and the county in which the property is located. Generally, however, all landlords or plaintiffs must provide notice to the tenant before filing a complaint for eviction. The type of notice required varies depending on the reason for eviction, and may include a 5-Day Notice to Pay Rent or Quit, a 10-Day Notice to Vacate, or a 30-Day Notice to Terminate Tenancy. Once the notice has been served, landlords or plaintiffs may file a complaint with the Clerk of the Circuit Court in the county where the property is located. The complaint must include all relevant details, including the date of the notice, the amount of rent due, and any other fees or charges. After the complaint has been filed, landlords or plaintiffs must have a written summons delivered to the tenant. This summons must include the date and time of the court hearing and the landlord or plaintiff's name and address. At the hearing, the landlord or plaintiff must prove that the tenant is in violation of the lease agreement and that the tenant failed to comply with the notice. If the landlord or plaintiff prevails, the court will enter a judgment for possession and the tenant will have a certain time period to vacate the premises. If the tenant fails to vacate the premises, the landlord or plaintiff must hire a sheriff to serve a notice to vacate and a writ of possession. The sheriff will then physically remove the tenant and their belongings from the premises.
Illinois Eviction Procedures and Landlord or Plaintiff Responsibilities
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FAQ
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.
An Illinois five (5) day non-payment notice to quit is an official document used to notify when a tenant fails to pay rent on time. If the landlord does not receive rent on the due date, they may issue a 5-day notice to quit the next day. This notice should be served in person or posted on the tenant's door.
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 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.
The amount of notice required depends on the reason for eviction: Non-payment of rent = 5 days notice, Violating a lease term = 10 days notice, Ending a month-to-month lease for another reason = 30 days notice.
Illinois Eviction Process Notice is posted to correct the issue/vacate. If uncured and tenant remains, complaint is filed and served. Court serves tenant with summons and complaint. Hearing is held and judgment issued. If granted, eviction order is posted. Possession of property is returned to landlord.
If the tenant pays within the 5 days, the landlord must take the money. If the tenant does not pay the rent within those 5 days, the landlord can file an eviction case in court. In Chicago, the tenant can even pay the rent after the 5 days is up and stay in the unit, as long as the landlord accepts the rent.
Free 5 Day Notice to Vacate Eviction Letter Template. In Chicago, eviction notices are called a ?5-day notice.? In Illinois, a landlord may not file an eviction process unless the tenant fails to pay the outstanding rent within five days after service of a written demand for payment.