Understanding Eviction Laws in Chicago
Eviction is the process of removing someone from a property they are lawfully occupying3 min read
Eviction is the process of removing someone from a property they are lawfully occupying. In the state of Illinois, the process of evicting a tenant is complex and highly regulated, and Chicago has its own special laws and restrictions that must be taken into consideration. This guide provides an overview of the eviction process in Illinois, particularly in Chicago, so that landlords, tenants, and others involved in the process have a better understanding of the laws and how to use them appropriately.
The eviction process begins with a written demand for the tenant to Pay Rent or Quit. This demand must be in writing and describes the amount of rent that is due, how it needs to be paid, and when. It must also include the date on which the tenant is required to vacate the premises if the rent is not paid. If rent is paid in full within seven days of the demand being given, the tenant can remain on the property. If not, the landlord can proceed with filing an eviction suit against the tenant.
In Chicago, it is important to note that the eviction process also requires the landlord to obtain a possession order from the court. This is not required in other areas of Illinois, but in Chicago, the landlord must obtain an order from the circuit court granting them possession of the property. This can be done in two ways: the landlord can either file an emergency petition and request an immediate order of possession, or they can file a standard eviction complaint and wait for the court's ruling before they can take possession of the property.
The court will consider the landlord's complaint, the tenant's defenses, and any other evidence that is presented in the case before ruling on the matter. In some areas of the state, a jury trial is available in an eviction case. In Chicago, however, the case will be decided by the judge. If the court finds that the landlord is entitled to possession, an order will be issued that requires the tenant to vacate the premises within a certain time frame.
Tenants in Chicago must also be aware that they can be ordered to pay the court costs and expenses incurred by the landlord during the eviction process. Additionally, a tenant can be liable for damages to the property that were caused by them or their guests during their occupancy. If the tenant fails to vacate the premises in the time frame specified by the court, a writ of possession can be issued to allow the landlord to evict them with the assistance of the sheriff.
If you are a tenant or landlord in need of an experienced local attorney to help you navigate the eviction process in Chicago, look no further than UpCounsel. At UpCounsel, our attorneys have years of experience in navigating eviction laws in Chicago. Whether you need a one-time consult or an entire freelance legal department, UpCounsel’s network of experienced lawyers has you covered. From small businesses to the Fortune 1000, groundbreaking companies of all sizes trust UpCounsel and its attorney community to provide high quality, cost-effective legal services. With features such as profiles of our online attorneys displaying client ratings and reviews of recent work, businesses have the assurance they need to make the right choice.
Evicting a tenant is complicated and requires a significant amount of knowledge about the laws. It is important to consult a qualified local attorney so that you know the right steps to take to ensure that the process goes smoothly. With UpCounsel’s network of experienced lawyers, you can rest assured that you are getting top quality, legal representation.
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