When landlords in Chicago need to evict tenants, they must be sure to take the necessary legal steps in accordance with the city and state laws. Doing this protects the tenant from illegal eviction and landlords from litigation, and helps ensure the eviction occurs in a timely fashion. However, many times landlords are unsure of the legal process and there are many questions surrounding the process. This guide outlines many of the frequently asked questions about eviction in Chicago to provide landlords with the information they need for successful evictions.

What reasons can I evict my tenant in Chicago?

The Illinois Forcible Entry and Detainer Act provides that for a landlord to evict a tenant in Chicago the tenant must first violate some sort of obligation, such as not paying rent, not following the rules of the lease agreement, or damaging the property.

What is the process for evicting a tenant in Chicago?

Eviction proceedings in Chicago are handled through the Circuit Court of Cook County and the local municipality's local District Court. A landlord first must serve the tenant with a five-day notice to quit or terminate the tenancy which states why the landlord is evicting the tenant. The notice must be served in person, by registered mail, or by using an authorized private process server. It must also state the reason for eviction and the amount of rent that is owed. After the five-day notice is served the landlord can then file for an eviction suit with the court. The tenant will be served with a summons demanding they appear for the hearing. If the tenant fails to appear, the court is likely to issue a default judgment in favor of the landlord. The landlord must prove to the court that the tenant violated a portion of the lease agreement in order for the eviction to be granted.

How long does the eviction process take in Chicago?

The eviction process in Chicago generally takes around 30 to 45 days from the time the tenant is served with the five-day notice. However, the process could take longer if there are complicating factors, such as the tenant appearing in court and having the case hear or there are delays in the court.

What happens after the court grants an eviction order in Chicago?

After the court rules in favor of the landlord in an eviction case, the judge will issue an order for possession of the rental property. The tenant must then vacate the property within seven days or face legal consequences. After the seven-day period, the landlord will then be able to re-enter the rental property and regain possession.

Are there any defenses available to tenants in Chicago eviction cases?

Yes. Tenants do have rights when it comes to evictions and can raise several defenses in court. These include, but are not limited to, arguing that the landlord has violated the terms of the lease, that the tenant has paid the full amount due, or that the tenant is a victim of discrimination.

Can a landlord force a tenant to move out in Chicago?

No. Landlords cannot evict a tenant without first obtaining a court order from the Circuit Court of Cook County or the local District Court. The landlord must first follow the legal process by giving the tenant appropriate notice and filing an eviction action in court, then waiting for the court to grant an order for possession of the property.

Can a landlord in Chicago collect attorney’s fees and court costs from the tenant?

In some contexts, a landlord may be able to collect attorney’s fees and court costs from a tenant. In the case of an eviction, however, the law requires that tenants be liable for their own attorney’s fees and costs.

Who can help landlords with evictions in Chicago?

UpCounsel’s network of experienced attorneys has been providing legal services to landlords in Chicago for many years. From small businesses to the Fortune 1000, their attorney community provides high quality, cost-effective legal services. Access to experienced attorneys on demand, business attorneys have an average of 14 years of experience, profiles of their attorneys display client ratings and reviews of previous work, and with attorneys available 24/7 UpCounsel can help landlords every step of the way.

Topics:

Eviction,

Chicago,

Landlord