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Eviction laws in Illinois can be complex, and understanding your rights and responsibilities is crucial if you are a landlord. Here’s a breakdown of the key aspects of eviction law in Illinois.
Grounds for Eviction
In Illinois, a landlord can file for eviction for several reasons, including:
- Non-Payment of Rent: Failure to pay rent on time is the most common reason for eviction.
- Lease Violations: Violating terms of the lease agreement, such as unauthorized pets or excessive noise.
- End of Lease Term: When a lease expires and the tenant does not vacate.
- Substantial Damage: Causing significant damage to the property.
- Illegal Activity: Engaging in illegal activities on the premises.
Eviction Process
Notice to Quit
Before filing for eviction, landlords must provide a written notice to the tenant. The type of notice depends on the reason for eviction:
- 5-Day Notice: For non-payment of rent.
- 10-Day Notice: For lease violations.
- 30-Day Notice: For month-to-month leases or termination of tenancy.
Filing an Eviction Suit
If the tenant does not comply with the notice, the landlord can file an eviction lawsuit (known as a forcible entry and detainer action) in the appropriate circuit court.
Court Hearing
Both parties will be notified of the court date. At the hearing, the landlord must prove their case. If the court rules in favor of the landlord, a judgment will be issued.
Judgment and Eviction Order
If the landlord wins, the court will issue an eviction order. The tenant will typically be given a period to vacate the property voluntarily.
Sheriff’s Eviction
If the tenant does not leave, the landlord can request a sheriff’s eviction, where law enforcement will physically remove the tenant from the property.
Conclusion
Understanding the eviction process in Illinois is essential for landlords. If you are seeking to evict a tenant, being informed about your rights and obligations can make a significant difference. At Brandenburg & Rees, LLP, we assist landlords in obtaining evictions.
The materials provided on this website are for informational purposes only. These materials do not, and are not intended to, constitute legal advice.
