Illinois Complaint for Forcible Entry and Detainer - Defendant Refuses to Surrender Premises on Demand

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US-03314BG
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Unlawful entry is illegal entry upon lands or structures without force but by means of fraud or other willful wrong. It is closely related to housebreaking. But unlike housebreaking, the intent to commit an offense within the place entered is not needed for this offense. The basis of proof for this offense is that the entry was unlawful and that the conduct of the accused was contrary to good order and discipline.


Unlawful detention means keeping in custody unlawfully. Under criminal law it means keeping or confining a person in custody without any lawful reason. In civil law it is keeping in custody real property to which one is not entitled. A person is guilty of unlawful detention of real property when entry is made wrongfully without any right or title into any vacant or unoccupied lands tenements or other possessions.

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FAQ

This Court advises the parties that when a motion to dismiss is filed, the non-moving party has a right to amend its pleading once within 21 days.

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.

These include dismissals for: (b)(1) a lack of subject-matter jurisdiction. (b)(2) a lack of personal jurisdiction. (b)(3) improper venue.

At the request of a party the court shall order witnesses excluded so that they cannot hear the testimony of other witnesses, and it may make the order of its own motion.

?In a 2-615 Motion to Dismiss, the defendant argues that there is some defect on the face of the Complaint that makes it improper and makes dismissal of the case appropriate. Typically, 2-615 Motions are granted when the Complaint fails to state allegations which amount to a cause of action.

Illinois Code of Civil Procedure 2-619 governs the involuntary dismissal of an action by the motion of a defendant (or other party against whom a claim is asserted) based upon specified defects or defenses.

9-102. When action may be maintained. (a) The person entitled to the possession of lands or tenements may be restored thereto under any of the following circumstances: (1) When a forcible entry is made thereon.

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.

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Illinois Complaint for Forcible Entry and Detainer - Defendant Refuses to Surrender Premises on Demand