Illinois Complaint In Forcible Entry and Detained is a legal action taken when a tenant has wrongfully occupied a property after their lease has expired. It is also used when a tenant has failed to pay rent for the property or is otherwise in violation of the lease agreement. It is a way for the landlord to regain control of the property and remove the tenant from the premises. The two types of Illinois Complaint In Forcible Entry and Detained are Residential and Commercial. When filing a Residential Complaint In Forcible Entry and Detained, the landlord must provide proof that the tenant has failed to pay rent or has violated the terms of the lease agreement. For Commercial Complaint In Forcible Entry and Detained, the landlord must prove that the tenant has wrongfully taken possession of the property and must demonstrate that the tenant has not been paying rent or is otherwise in violation of the lease agreement. Once the complaint has been filed, the court will issue a summons for the tenant to appear in court. The tenant will then have a chance to defend themselves and present evidence to the court as to why they should not be evicted from the property. If the tenant is found guilty of the complaint, the court will issue a judgment of eviction and the tenant must vacate the property within a specified amount of time.
Illinois Complaint In Forcible Entry and Detainer
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You will need to electronically file ("e-file") them unless you have an exemption. Do this at the courthouse in the county where you live to start your court case. After the forms are filed, take a copy of the Eviction Complaint and Summons to the sheriff's office.
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.
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 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.?
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.
Illinois eviction laws vary from county to county, but they still follow the same general eviction process: Send a clear written notice. Fill out the forms. Serve the tenant. Attend the trial. Wait for judgment.
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. Two (2) Certified copies and two (2) additional copies of the court order are required at the time of filing.