), (735 ILCS 5/9-213.1) (from Ch. Typically, 1-1-18. How can we improve this site? (a) It is an affirmative defense to an action maintained under this Article if the court finds that:(1) the landlord's demand for possession is based, solely or in part on the citizenship or immigration status of the tenant; or, (2) the landlord's demand for possession is based. 110, par. If the rent is paid within that 5-day window, the landlord may not lawfully file for eviction. (a) Where, pursuant to Section 9-316, a landlord has required that, before the tenant sells crops grown on the demised premises, the tenant disclose to the landlord the persons to whom the tenant intends to sell such crops, it is unlawful for the tenant to sell the crops to a person other than a person so disclosed to the landlord. Every landlord shall have a lien upon the crops grown or growing upon the demised premises for the rent thereof, whether the same is payable wholly or in part in money or specific articles of property or products of the premises, or labor, and also for the faithful performance of the terms of the lease. 82-280. ), (735 ILCS 5/9-117) (from Ch. (a) As used in this Section: "FmHA" means the Farmers Home Administration or a local housing authority administering an FmHA program. 100-173, eff. All common interest community associations electing pursuant to paragraph (8) of subsection (a) of Section 9-102 to have this Article made applicable to such association shall follow the same procedures and have the same rights and responsibilities as condominium associations under this Article. Thank you! 9-111) Sec. If the tenant thereafter fails and refuses to pay the rent, the Board of Managers may bring an eviction action after making a demand for rent in accordance with Section 9-209 of this Code. 9-106.3. If the plaintiff appeals, then, during and notwithstanding the pendency of such appeal, the plaintiff is entitled to enforce, or accept from the defendant or from any person claiming under him or her, performance of all obligations imposed upon such defendant by the terms of any lease, contract, covenant or agreement under which the defendant claims the right to possession, or by law, as if such appeal has not been taken, without thereby affecting the appeal or the judgment appealed from, and without thereby creating or reinstating any tenancy or other relationship of the parties. ), (735 ILCS 5/9-106.1) (from Ch. ), (735 ILCS 5/9-306) (from Ch. 8-21-02. A 30-day notice period to quit the premises is required if there is only an oral lease or if the lease is for less than 30-days. 9-106.2. We can't give legal advice in the comments, so if you have a question or need legal help, please go to Get Legal Help. 9-312. 9-103. We make the lives of landlords, tenants and real estate investors easier by giving them the knowledge and resources they care most about. 5-day notice (non-payment of rent) Demand - Notice - Return. 94-2, eff. (Source: P.A. ), (735 ILCS 5/9-313) (from Ch. Even if you are protected from eviction, you are still obligated to pay any and all rent that is due. In any case relating to premises used for residence purposes, either party may demand trial by jury, notwithstanding any waiver of jury trial contained in any lease or contract. (b) The provisions of paragraph (8) of subsection (a) of Section 9-102 and Section 9-104.3 of this Act shall not apply to any common interest community unless (1) the association is a not-for-profit corporation or a limited liability company, (2) unit owners are authorized to attend meetings of the board of directors or board of managers of the association in the same manner as provided for condominiums under the Condominium Property Act, and (3) the board of managers or board of directors of the common interest community association has, subsequent to the effective date of this amendatory Act of 1984 voted to have the provisions of this Article apply to such association and has delivered or mailed notice of such action to the unit owners or unless the declaration of the association is recorded after the effective date of this amendatory Act of 1985. this Article. The eviction is based on the tenants marital or family status, national origin, creed, gender, sexual orientation, religion or disability. tenant stating that (i) the tenant, or a person on the premises with the consent of the tenant, failed twice within a 30 day period to allow the landlord or agent of the landlord or other person authorized by State or federal law or regulations or local ordinance to inspect the premises and (ii) the tenant must allow the landlord or agent of the landlord or other person authorized by State or federal law or regulations or local ordinance to inspect the premises within the next 30 days or face emergency eviction proceedings under this Section; (C) the tenant subsequently fails to allow the, landlord or agent of the landlord or other person authorized by State or federal law or regulations or local ordinance to inspect the premises within 30 days of receiving the notice from the landlord; and, (D) the tenant's written lease states that the. Subject to paragraph (4) of subsection (a), the landlord may evict the tenant. By providing certain contact information herein, you are expressly authorizing the recipient of this message to contact you via the methods of communication provided. other than a condominium or cooperative with respect to which any person by virtue of his or her ownership of a partial interest or unit therein is obligated to pay for maintenance, improvement, insurance premiums, or real estate taxes of other real estate described in a declaration which is administered by an association. Before a landlord can start the eviction process, they are required to give the tenant an official written 5-Day Notice to Pay. ), (735 ILCS 5/9-112) (from Ch. threatened domestic violence, dating violence, stalking, or sexual violence against a tenant, lessee, or household member; (3) based solely upon criminal activity directly, relating to domestic violence, dating violence, stalking, or sexual violence engaged in by a member of a tenant's or lessee's household or any guest or other person under the tenant's, lessee's, or household member's control, and against the tenant, lessee, or household member; or, (4) based upon a demand for possession pursuant to. Residential eviction order; form. 110, par. ), (735 ILCS 5/9-116) (from Ch. (Source: P.A. The matter shall not be continued beyond 7 days from the date set for the first hearing on the complaint except by agreement of both the plaintiff and the defendant. For a 5 Day Notice to Quit, the eviction notice used for tenants that do not pay rent in full and on time, a landlord can serve notice the day after rent is due. the Condominium Property Act, the owner of a unit fails or refuses to pay when due his or her proportionate share of the common expenses of such property, or of any other expenses lawfully agreed upon or any unpaid fine, the Board of Managers or its agents have served the demand set forth in Section 9-104.1 of this Article in the manner provided for in that Section and the unit owner has failed to pay the amount claimed within the time prescribed in the demand; or if the lessor-owner of a unit fails to comply with the leasing requirements prescribed by subsection (n) of Section 18 of the Condominium Property Act or by the declaration, by-laws, and rules and regulations of the condominium, or if a lessee of an owner is in breach of any covenants, rules, regulations, or by-laws of the condominium, and the Board of Managers or its agents have served the demand set forth in Section 9-104.2 of this Article in the manner provided in that Section. 100-173, eff. If the plaintiff recovers, judgment shall be entered in favor of plaintiff, for the amount which the court finds to be due the plaintiff. 9-112. They should feel comfortable leaning on the experience and knowledge of our attorneys as their counselors and advocates. Proceedings - Pleading. You're all set! 84-1043. 9-305) Sec. 110, par. ERP PROCEDURES Applicability. A grace period may be available if stated in the lease/rental agreement. ), (735 ILCS 5/9-106.2) Sec. subsection (f) where the tenant, lessee, or household member who was the victim of domestic violence, sexual violence, stalking, or dating violence did not knowingly consent to the barred person entering the premises or a valid court order permitted the barred person's entry onto the premises. Notice to terminate tenancy for less than a year. ), (735 ILCS 5/9-109.6) Sec. These requirements are discussed in detail below in the section entitled, "Tenants in Foreclosure." Calculating the Date on which the Notice Expires Notice period starts to run on the day after the notice is served and expires at midnight on the last day of the notice period. He graduated from the University of Illinois College of Law. 1-1-18. 9-202) Sec. Visit the Illinois Housing Development Authority website to learn more about eligibility requirements,or call IHDAs call center at 1-866-454-3571. The landlord-tenant relationship is bound to be difficult. ), (735 ILCS 5/9-307) (from Ch. 82-280. 110, par. (Source: P.A. There are two main reasons a tenant may be evicted: not paying rent on time or violating a portion of the lease or rental agreement. 9-304) Sec. (Source: P.A. 9-102) Sec. 110, par. (a) Unless the Board of Managers is seeking to evict a tenant or other occupant of a unit under an existing lease or other arrangement with the owner of a unit, no demand nor summons need be served upon the tenant or other occupant in connection with an action brought under paragraph (7) of subsection (a) of Section 9-102 of this Article. 9-203. Do not file your case before the notice period is up. Landlords and practitioners must follow the statutory requirements of the Eviction Act, the terms of the lease agreement, and other applicable lawssuch as the ITPA. 82-280. For want of sufficient notice any cause may be continued from time to time until the court has jurisdiction of the defendant or unknown occupant. 9-104.1) Sec. Where can I go if I need legal assistance? (b) For purposes of determining reasonable attorney's fees under subsection (a), the court shall consider: (i) the time expended by the attorney; (ii) the reasonableness of the hourly rate for the, (iii) the reasonableness of the amount of time, (iv) the amount in controversy and the nature of the, (735 ILCS 5/9-111.1) Sec. (Source: P.A. 89-549, eff. Jury trial. This Section does not apply to any action based upon a breach of a contract entered into on or after July 1, 1962, for the purchase of premises in which the court has entered a stay under Section 9-110; nor shall this Section apply to any action to which the provisions of Section 9-111 apply; nor shall this Section affect the rights of Boards of Managers under Section 9-104.2. Use this to leave this site immediately. This notice must include a description of the unit or rental property (i.e. If you successfully offer this proof to the judge, the judge will issue an order requiring the tenant to vacate the property, typically within 14 to 21 days. 9-111. A program that helps you make notice and eviction complaint forms to evict a tenant in Illinois. 110, par. (Source: P.A. The initial step required by most leases and the Eviction Act is the issuance of a valid default or termination of tenancy notice. 1-1-18. This amendatory Act of 1993 is declarative of, (6) When lands or tenements have been conveyed by any. ), (735 ILCS 5/9-319) (from Ch. Notice to quit. The Eviction Process in Illinois: Rules for Landlords and Property Managers An overview of Illinois eviction rules, forms, and procedures. Service on a person 13 years old or older if residing on the premises or in possession of the premises; Certified or registered mail, with return receipt or posting, but only where no one is in actual possession. To prevent the eviction, you must be able to prove that (1) the plaintiff and you made an agreement after the judgment (for instance, to pay up back rent or to comply with the lease) and you have lived up to the agreement; or (2) the reason the plaintiff brought the original eviction case has been resolved or forgiven, and the eviction the plaintiff now wants the court to grant is based on a new or different reason; or (3) that you have another legal or equitable reason why the court should not grant the plaintiff's request for your eviction.