THIS FREQUENTLY ASKED QUESTIONS PAGE IS FOR LANDLORDS IN ILLINOIS.
What the below videos for helpful hints on how to do a 5 day notice.
OMG, CAN I EVICT A TENANT WITH THE MORITORIAM??
In certain cases, yes. We have been evicted tenants throughout Covid. In one village the chief of police called to let us know that we were the only ones to get a tenant out in their village. The Federal government stopped putting a moratorium on evictions. Also, every time there is a new Executive Order by the Governor, it is becoming easier to evict someone. Call us, 331-222-9529, to find out the current status.
CAN YOU EVICT SOMEONE FOR NOT PAYING ONE MONTH RENT?
Yes. If the tenant is late on the payment of rent, you must give them a five day notice. If they do not pay the outstanding rent within the five days, you can then file to evict them.
IF THE TENANT BREAKS THE LEASE, I CAN REMOVE THEM?
You cannot remove a tenant without the sheriff doing it, after the court orders that you can evict the tenant. Even if you get a court order to evict the tenant, the tenant may file a motion to vacate or reconsider, so the sheriff may refuse to come out.
HOW QUICKLY WILL THE JUDGE ORDER THE TENANT OUT?
It depends upon things. How many infants, how cold it is out, holidays, the judge’s experiences… Usually, a Judge has a pattern and they follow it. The stories you heard are usually an exception and because someone did not know what they were doing. For example, if the notice was not done right, then the court can dismiss the lawsuit and make you start all over again.
I TEXTED THE TENANT THAT THEY HAVE FIVE DAYS TO PAY THE RENT OR I AM EVICTING THEM. IS THAT GOOD ENOUGH?
No. The law requires that the five day notice, or any notice, be given to the tenant in a specific manner. A Judge may ask right away how you served the five day notice. If you did it wrong, the lawsuit gets dismissed and you have to start all over.
WOULDN’T A NATIONWIDE EVICTION TEAM BE BETTER?
Each court house has specific local rules. Each Judge has their own rules. If you want to have someone evicted, you need an attorney that is familiar with the court and Judges. Jeff Jacobson has been active in DuPage for over twenty five years. His firm knows what needs to be done right, the first time.
WHAT ARE TENANT’S RIGHTS?
Tenant have rights. However, if they are not paying the rent or breaching the agreement, then you have a right to remove them. Please contact us at 331-222-9529 to discuss if you can evict your tenant.
IF A TENANT MOVES OUT BEFORE THE LEASE WHAT DO I DO?
Until the lease is over the tenant is responsible for the rent and keeping the place in good condition. You may still have to file an eviction.
WHAT HAPPENS IF THE TENANT LEAVES ON THE 5TH DAY, BUT THEY WERE SUPPOSE TO PAY ON THE 1ST OF THE MONTH?
Depending upon the lease agreement, if a tenant is to pay on the 1st of the month for the whole month, then no matter when they leave, they have to pay the rent for the month through the last date of the lease. Yet, the landlord has to make reasonable efforts to rent the place out to reduce the loss of rent. For example, it is a one year lease starting on January 1. The tenant moves out March 5. They paid January and February rent. They still owe you for March and all the remaining months. However, you have to try to rent the place so that the tenant owes less. Call for more help.
What is the eviction process?
This is a brief description. You can contact us for one that is specific for your needs. The eviction process in Illinois is basically this: You serve the tenant with a notice. Depending upon whether it is for breach of the lease, or failure to pay rent determines the type of notice. The notice must be done according to law. It also must be served upon the tenant(s) according to law. After you serve the notice as required by law, you have to wait a period of time. After that period of time expires, you can file a lawsuit. You go to the county court that covers the place the tenant lives, and file a lawsuit either for eviction or eviction and money judgment. You will need to serve the summons on the defendant(s). If the summons is served, there will a court date for the landlord and tenant. If the tenant does not show up after being served with summons, the court will eventually order that the tenant must vacate the property. Sometimes it will be that date, sometimes, the court will schedule it for a future date. Once again, we can explain the specifics for your matter. If the tenant refuses to leave by the date the court orders them out, you have to pay the Sheriff to remove them. Each county has different rules on how to remove the tenant. Once the Sheriff removes the tenant, they are forever barred from ever coming back. That ends your eviction process.
WHAT IS DUPAGE COUNTY SHERIFF'S PROCESS ONCE THE COURT ALLOWS ME TO REMOVE THE TENANT?
The sheriff’s website states:Order of Forcible Entry and Detainer Procedures
- An order for a forcible entry and detainer will not be accepted until the stay date has expired. Two (2) writ certification stamped copies of the order are required. The order must have the name(s) of the defendant(s) and the exact address of the property, including apartment, building or suite number. Wrong or incomplete addresses are the major reason for forcible entry and detainers being unenforceable. There is a non-refundable fee of $200.
- Three (3) business days after the order is received by this office the plaintiff must contact the eviction department at (630) 407-2054 to schedule the physical eviction. A deputy will post a “red notice” on the property indicating the date and time of the physical eviction. This action often results in the defendant(s) moving out of their own accord.
- Using force to effect an eviction can become costly to the plaintiff and traumatic to the defendant. Therefore, the office has established a set of procedures to encourage the defendant to voluntarily vacate the premises; a copy of the order is either personally served or posted on the door of the property and a letter is sent to the defendant advising them they will be evicted “as soon as scheduling permits.”
- The plaintiff, or his/her agent is required to be present on-site during the entire eviction process. The plaintiff must provide a minimum of three (3) able-bodied movers, a locksmith or maintenance person to change the locks, plastic bags, and tarp or plastic cover in case of inclement weather.
- The defendant’s personal property will be removed from the property to a area designed by the on-site deputy. This property must remain undisturbed by the plaintiff for 24 hours. After 24 hours it is the responsibility of the plaintiff to remove all items still remaining at the site. It is also the plaintiff’s responsibility to have any vehicles on the premises removed.
- The eviction fee covers the first 1/2 hour of the deputy’s time. If additional stand-by time is necessary, the plaintiff will be billed accordingly with a 2 hour minimum charge of $80.00 per hour.
- Emergency eviction requests must include documentation to justify the emergency. Requests will be authorized on a case by case basis.
- If the defendants move out prior to the eviction date, the eviction office must be notified immediately.
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