Illinois Complaint in Federal Court For Commercial Lease Matter
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How to fill out Complaint In Federal Court For Commercial Lease Matter?
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FAQ
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 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.
Other major lease violations can allow eviction - Nonpayment of rent is not the only reason a commercial landlord may need to evict a tenant. A tenant who has caused significant damage to the property or is creating a significant disruption to your other tenants can also likely be evicted.
The commercial landlord is responsible for paying maintenance, repairs, and insurance.
You Have an Early Termination Clause Your lease may contain a clause that lets you end the lease early by paying an early termination fee. If the lease has a fixed end date, you may be able to pay a specific fee such as two months' rent as long as you give a specific amount of notice such as one month.
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.
Withholding rent can seem like a very extreme measure to take and the tenant might fear getting evicted, but it is perfectly legal in some state. However, that is not the case in Illinois.