Here's an overview of what this means for tenants in Illinois. This option is only available in Chicago. Eviction | Illinois Legal Aid Online Eviction Protection FAQs - Illinois Necessary cookies are absolutely essential for the website to function properly. In the case of a five-day notice, the tenant has five days after receiving the notice to pay their past due rent before the landlord can begin eviction proceedings. The landlord or a person working with the landlord must be present when the sheriff arrives. If the tenant wins, your Eviction Complaint will be dismissed, and you will not get any amount of damages. Cook County, outside of Chicago, has a different law. For evictions based on non-payment of rent, the landlord must give a 5-day notice before starting the eviction process in Illinois. All Rights Reserved. Our experienced attorney can assist property owners and sellers with their business transactions and negotiations throughout the state of Illinois. Because there is no long-term lease agreement, this is the extent of notice that you need to give to a tenant-at-will. Terms & Privacy | Legal Disclaimer | Sitemap | Contact Us. Unlawfully changing locks, cutting off utilities or taking any other self-help remedies intended to evict a tenant is punishable by a fine of $500 per day. To learn how to take your tenant to court over an eviction dispute, keep reading! The cost of your consultation, if any, is communicated to you by our intake team or the attorney. In a rental agreement, at the end of the 30 days, the landlord can alter the rent or even ask the renter to leave the property. If the tenant is being evicted for not paying rent on time, the landlord must give the tenant five days' notice to pay the rent (this is called a notice to quit or notice to pay rent or quit). Internet usage can be tracked. Evicting a tenant for this reason is called retaliation. Article IX - Eviction :: 2019 Illinois Compiled Statutes - Justia Law After paying the filing fee you will be given a copy of the complaint and a summons, which will include a court date that you and the tenant must attend. If a tenant has failed to pay rent on time, the landlord may demand payment with a 5-Day Notice to Quit in writing. See the Nolo article Housing Discrimination Prohibited by State and Local Law for more on laws prohibiting discrimination against tenants. There is no reasoning required for a landlord to end this type of agreement. 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. It can be very helpful to a tenant to find out more about how the courthouse operates when defending against an eviction lawsuit. Tenants must be given one of the following proper notices before the landlord proceeds with a court filing. (, For evictions based on non-compliance of the lease terms, the landlord must provide a 5-day notice for non-compliance (incurable). Lease Termination: If tenants holdover or stay in the rental unit after the rental term has expired, the landlord must give the tenants notice depending on the type of tenancy. You must do this within 120 days of the day the Eviction Order was entered. Receive timely and relevant articles directly to your email inbox. Reasons for a landlord to evict a tenant include: The first step to evicting a tenant is to provide the tenant with a proper eviction notice, which typically gives a deadline to comply with the lease and lists how much the renter owes. Make sure that the court is aware of the agreement and that the eviction order gets canceled. Yes, you are correct in your reading. Illinois eviction laws offer two main reasons for which you may evict a tenant, being failure to pay rent on time and Lease or Rental Agreement violations. Complaining about the unit or building that a building inspector determines is valid. Renters often enter a rental agreement called a lease to establish their tenancy with a landlord. Questions? If the tenant does not leave by the date stated in the Eviction Order, you can go to the sheriff's department with the Eviction Orderand ask to have your tenant evicted. Notice for Termination With Cause A landlord must have a legal reason, or cause, to make a tenant move out of a rental unit before the tenancy term has ended. Eviction is the legal process that a landlord uses to remove tenants from a rental property. Illinois has no state statutes on how much notice is required to change rent or other lease terms. Removing a tenant without a court order is sometimes called a self-help eviction or an illegal lockout. All Rights Reserved. The best thing to do is to contact your Circuit Clerk and ask how you obtain a date for the summons. If you win the case, the tenant will typically be required to vacate the rental unit within 14 to 21 days. A landlord must follow the eviction process in order to have a tenant evicted for any reason. A landlord who fails to abide by the appropriate procedures may have their eviction action dismissed by the court. Understanding eviction as a tenant | Illinois Legal Aid Online Awesome resource, thank you. This means they win the case by default since you didnt show up. I just filed. % of people told us that this article helped them. I had such an amazing experience, would definitely recommend Upsolve. An Illinois eviction notice is an official letter used by landlords when seeking to inform a tenant that they have violated their lease. If the tenant doesnt comply, file a complaint with the County Clerks Office. BLOOMINGTON, Ill. (WMBD) Illinois' eviction moratorium ended this past week meaning evictions of renters behind on rent can resume throughout the state. All Other Terms Except Year-to-Year: 30-Day Notice to Quit. Only logged-in users can post comments. This provided my officers with all the information. *. you may miss important information, notice of court dates, or documents from other parties. If you qualify for legal aid you may be able to get some help. Landlords must keep in mind that actions such as shutting off utilities, changing the locks or forcing renters to leave without proper notice are not legal and can result in action against the landlord. Leave the notice on the ground in front of the tenant in cases where the tenant refuses to accept it. 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