There are proper evictions procedures that landlords must follow when looking to evict a tenant from their Illinois rental unit. Illinois Eviction Notice Forms - Process and Law - Legal Templates If it isn't, then the notice is an order for you to leave within 10 days. Before beginning the eviction lawsuit, though, the landlord must first terminate the tenancy. Landlords should ask tenants to clean the property before moving out. If you are suing more than 1 Defendant, fill out an Eviction Summons form for each Defendant, including 1 Eviction Summons for all Unknown Occupants, if checked. Asummonsis an official notice of a lawsuit. as well as assist you in all your other rental management needs, just as we have for many other landlords. Free Illinois Eviction Notice Forms (4) - PDF | Word - eForms Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. Draft a notice of eviction. If the rental unit is in Chicago city limits, the landlord must store the personal property for seven days. If a landlord does not have cause to terminate a tenancy, then the landlord must wait until the end of the lease term before expecting the tenant to move. Alternatively, you may be served by certified or registered mail, with a copy of the notice and a return receipt from the addressee. eviction would likely render the individual homelessor force the individual to move into and live in close quarters in a new congregate or shared living settingbecause the individual has no other available housing options. Under the law, renters who are facing an eviction not relating to illegal or criminal activities are allowed up to 14 days to collect their personal property and vacate the premises. In Illinois, all evictions require a court process and assistance from the sheriff. A tenant can use a defense (legal reason) to ask the judge to throw out an eviction case. After mediation, the mediation program will file a mediation report with the court. This article explains the rules and procedures landlords must follow when evicting a tenant or ending a tenancy in Illinois. For the full Supreme Court order, click here. the individual either (i) expects to earn no more than $99,000 in annual income for Calendar Year 2020 (or no more than $198,000 if filing a joint tax return), (ii) was not required to report any income in 2019 to the U.S. Internal Revenue Service, or (iii) received an Economic Impact Payment pursuant to Section 2001 of the CARES Act (i.e. The landlord or tenant is allowed to request a jury trial. A program to help you certify that you are exempt from e-filing forms in Illinois Circuit Court. The landlord must give the tenant notice and go through the court process to get an Eviction Order. Lake County Eviction Prevention Program (LCEPP): (resources for self-represented litigants), How To Get Help - Prairie State Legal Services (, Additional Financial and Information Resources, Lake County Bar Association Lawyer Referral Service, www.dhs.state.il.us/page.aspx?item=134895, https://www.illinoishousinghelp.org/ilhaf, Click here to learn about relief for households across the state, How to Electronically File Your Forms (Odyssey). During the Covid pandemic, the courts require waivers to be e-filed. While the Executive Order requires landlords to provide their tenants with a copy of the declaration form before initiating an eviction proceeding, tenants may submit a completed and signed declaration form to their landlords at any time. The most common reasons have to do with the tenant not paying rent or violating the lease or rental agreement. PDF IMPORTANT: You have been sued. - .NET Framework Violations to the lease or rental agreement. Serving Process (Summons) - Cook County Sheriff's Office Notice, and an opportunity to be heard, are required. Moving out after a judge orders an eviction. Step 4 The next step is that the court will schedule a day in court. If this seems daunting, dont worry! This may require ahearing or it may be approved without one. A Guide to the Eviction Process in Chicago, IL, Unfortunately, there are instances when owning a rental unit in the city of Chicago where removing your renter may be the only option left for you. For example, this means that in a divorce case, a person would be able to get the divorce itself, but would not be able to get a judgment requiring the other side to paychild support. IF YOU DO NOT GO TO COURT:The case will go ahead whether or not you go to court. You will also need a filing fee of $234. A person can serve an alias summons just like a normal summons. 10-Day to Cure. Eviction Complaint : This form starts your eviction case. All residential eviction summons must include a notice about Court-Based Rental Assistance in English and in Spanish. If the parties do not reach an agreement in mediation, the landlord may return to court and go to trial. On November 13, Governor Pritzker issuedExecutive Order 2020-72to continue to protect many individuals from eviction. In total, you can expect the eviction process in Illinois to take up to 90 days: Rent demand or notice cure: Wait five or 10 days. It is given to a person (or business) so that they know they are being sued and they are given the opportunity to defend themselves. Nope! The filing fees vary depending on the county. The reason must be included in the notice to quit along with the number (#) of days the tenant has to correct the issue. An alias summons is a second summons. These counseling agencies on this list are approved by the U.S. Department of Housing and Urban Development (HUD); they can offer independent advice, often at little or no cost to you. Do Not Sell or Share My Personal Information, Illinois Notice Requirements to Terminate a Month-to-Month Tenancy, Tenant Defenses to Eviction Notices in Illinois, Handling a Tenant's Abandoned Property in Illinois, Collecting and Returning Security Deposits, Rent Rules: Rent Control, Increases, & More, See All Landlords & Rental Property Articles, Do Not Sell or Share My Personal Information. 5-Day Notice for Illegal Activity. If a single minority group makes up 45% of that area's population, the notice must also be published in a newspaper of that minority group's native language. Eviction is when a landlord makes a tenant leave a unit. on Tuesdays and Thursdays from 9:00 a.m. to 12:00 p.m. and 1:30 p.m. to 3:00 p.m. Community Partners for Affordable Housing: Understanding Eviction during the Pandemic: Community Partners for Affordable Housing, Illinois Court-Based Rental Assistance Program Toolkit. For legal help in Cook County, visit Cook County Legal Aid for Housing & Debt.Message and data rates may apply; Terms of use. To help you, MTD Property Management put together a list of all the rental documents landlords must have. ILAO's tax identification number is 20-2917133. https://www.illinoislegalaid.org/legal-information/serving-summons. The summons and complaint may only be served by a sheriff, coroner, or a special process server authorized by law to serve court papers. Once due, the landlord can give the tenant the 5-Day Notice to Pay if they're looking to remove them. Households are eligible for up to 12 months of past rent and 3 months of future rent, for a maximum grant of $25,000. What is the difference between a summons and a subpoena? A First Notice describing the Kane County Eviction Mediation Program (the Program") will also be served with the summons. The program seeks to avoid exposing Kane County families to homelessness during a serious health crisis, while also helping landlords mitigate losses during the extraordinary circumstances that have precipitated the need for this program. Some counties require the plaintiff to ask the judge for permission to use a professional process server. This timeline does not include special cases such as requests for an appeal or continuance. The tenant may have a valid defense, such as the landlord making procedural mistakes during the eviction (for example, improperly serving a notice or not waiting long enough before filing the eviction lawsuit) or the landlord failing to maintain the rental unit according to law. To find a professional process server, a person can do a searchon the internet. https://www.kclawlibrary.org/ (legal resources), Illinois Housing Development Authority: Then they must get the Sheriff to remove the tenant from the unit. Watchhelpful Kane County Legal Services videosto understand the process of eviction mediation: Kane County Area Legal Services|Servicios Legales del Contado de Kane, Eviction Help Illinois: call For legal help outside of Cook County, go toGet Legal Helpor text eviction to ILAOHelpsat85622*to apply for legal help. The Department of Human Services (DHS) has additional resources available for renters including case management and legal assistance. Eviction is when a landlord makes a tenant leave a unit. Explains situations where a Section 8 landlord can evict a tenant. Both the landlord and tenant must participate, and mediation sessions may be conducted in person or remotely. Even if you are protected from eviction, you are still obligated to pay any and all rent that is due. What if I don't move out by the date ordered by the court? ILAO's tax identification number is 20-2917133. https://www.illinoislegalaid.org/legal-information/understanding-eviction-tenant. In such a case, the tenant may use that in their defense to delay their eviction. What Maintenance Issues Are Emergencies and What Can Wait for Regular Business Hours. A special process server: anyone over the age of 18 who is not involved in the case. If there are multiple defendants, you must fill out a separate Small Claims Summons for each one. They are as follows: The 2-page form will be available on theIllinois Housing Development Authority's webpage. Anyone 18 years of age or older who is not a party in the lawsuit can serve a defendant, but theplaintiffmust first ask the judge for permission. This notification procedure is called service of process. I am a landlord that received an eviction order against my tenant before the stay-at-home order was issued in March, can those evictions move forward? 5-Day Notice to Quit (Non-Payment of Rent), 30-Day Notice to Quit (Month to Month Tenancy). Landlord files an eviction action with the court. Translation services are available., 630-762-2758|WrightChristina@16thCircuit.IllinoisCourts.gov. LETTER TO THE SHERIFF (SERVING AN EVICTION SUMMONS & EVICTION COMPLAINT) Instructions: 1. of the month 9a-12p), Illinois Legal Aid: PDF IMPORTANT: You have been sued. - .NET Framework In most other counties (with populations less than 2 million), process may be served by a private detective or private server without special appointment by the judge. The sheriff will serve the tenant with the complaint (says what they are being sued for) and the summons (says when and where the first court date will be). Once theyve gotten an execution, they need to have a sheriff to remove you or prevent you from entering your apartment. Where can I go if I need legal assistance? Credit card, debit card and pre-paid debit card transactions incur a standard processing fee. You will need to have three copies: one for the court, one for yourself, and one for the sheriff. Do you need help sorting your rental business' paperwork? call 630-762-1900, (Hire an attorney or Ask a Lawyer" second Sat. PDF Letter to The Sheriff (Serving an Eviction Summons & Eviction Complaint) If someone thinks they need to file their lawsuit against the government or a government agency, they should talk to anattorney. Applying for a rental assistance can be considered best efforts to make timely partial payments. However, a tenants failure to apply for rental assistance should not be evidence of failure to make best efforts.. Under Illinois law, only public law enforcement agencies can enforce eviction orders. Eviction | 19th Judicial Circuit Court, IL The tenant must comply or the landlord may begin eviction proceedings. It is also served on the tenant in conjunction with the Summons to inform them of the reasons for which they are being sued. If you miss your court date and the judge orders you to move, you can file a motion explaining why you missed court and ask the judge for another chance to explain why you should not be evicted. This timeline, however, does depend on the location of the court and the nature of the eviction. The eviction process begins when a tenant violates their lease, for example, by not paying the rent on time. You may come to court and tell your side of the story. If the tenant refuses to pay the rent or doesnt move out after receiving written notice, the landlord can continue with the eviction process. Use this to leave this site immediately. 2023Illinois Legal Aid Online. Help with Rent, Legal Aid, and Mediation Services are Available, IL Supreme Court's Special Rules Regarding Starting Eviction Cases, Approved Statewide Forms - Eviction Suite (Spanish), Approved Statewide Forms - Eviction Suite, Getting Started Different Types of Orders in Eviction Cases, How to Use Different Types of Orders in Eviction Cases, Agreed Dismissal Order (Case May be Reinstated if Defendants Violate Agreement), Agreed Settlement Order with Status Date (Defendants Will Move), Agreed Settlement Order With Status Date (Defendants Will Pay & Stay), Compliance (Follow-Up) Order in Eviction Case, Plaintiff's Certification for Exemption from the 30-Day Stay, How to File & Present an Eviction Complaint, Notice of Termination for Non-Payment of Rent, Notice of Termination for Lease Violation (Other than Non-Payment of Rent), Notice of Non-Renewal of Lease or Termination of Tenancy, Affidavit of Service of a Demand or Notice, Affidavit - Supporting Documents Not Attached to Eviction Complaint, Letter to Sheriff (Serving an Eviction Summons & Eviction Complaint), Notice by Posting Requiring Appearance in Pending Eviction Action, Expungement and Sealing - Adult and Juvenile, Fee/Assessments Waiver for Criminal Cases. All rights reserved. 2022 Eviction Process in Illinois: Laws for Landlords - Medium Make a difference in the lives of those who come to ILAO looking for help and hope. There are separate rules for service of process on corporations, partnerships and the government. The eviction can happen any time after the date listed on the court order. If you are unsure about what rules to follow, you should get legal advice from a lawyer. However, if the lease or rental agreement does not require this, then the landlord does not need to give the tenant any notice to move. After a certain period, Illinois landlords can. All rights reserved. It is recommended that you consult with an attorney for any legal matters. If you are not a citizen, please call 855-631-0811. For information about court operations, online access to court records, e-filing information and forms, contact the Kane County Circuit Court. Rules and regulations for landlords and tenants in Chicago, unless the building has 6 or less units and the landlord lives there. If you cannot afford an attorney, contact Prairie State Legal Services (847-662-6925) to see if you are eligible for free legal aid. Corporations and partnerships: Generally, the summons and complaint must be served on theregistered agentrepresenting the corporation or partnership or on an officer of the corporation or partnership. In 1(a), enter the name and primary address of Defendant. The tenant can, however, ask the court to Contact us today! This notice will inform the tenant that the tenancy will expire at the end of 30 days and the tenant must move out of the rental unit by that time (see 740 Ill. Comp. How can we improve this site? If you think the defendant will not sign the receipt (green card) that shows they got the forms, you may not want to use this method of service. 2023 Electronic Forms LLC. Anyone who either: (1) meets the definition of a covered person or (2) does not owe rent, is protected under this Executive Order, regardless of immigration status. PDF Illinois Standardized Forms - Approved - Eviction Summons If the tenant attends court but the parties do not want to mediate and the judge does not order them to mediate, the judge will ask whether the tenant agrees with the complaint. This is not an eviction, but you do have to move out. Eviction Spanish Exemption from E-Filing for Good Cause Spanish Expungement and Sealing Spanish Fee Waiver for Civil Cases Spanish Fee/Assessments Waiver for Criminal Cases Financial Affidavit Spanish | Polish | Arabic | Chinese | Russian | Korean Identity Theft Spanish Interpreter Request Limited Scope Mortgage Foreclosure If the person serving the papers speaks to the person receiving, or sees them come to the door, but then they go back into the house, the person can leave the papers on the door, or they can slip them under the door. Jury trials are complicated, so you may want to consult with a lawyer before demanding a jury trial. Serving a defendant who resides outside of Illinois with an Illinois summons is often more complicated than serving someone who resides in Illinois. If you are facing eviction, it is important for you to understand the process and your legal rights. Eviction Protection FAQs - Illinois Different types of notices and procedures will be needed for different situations. The landlord failed to maintain their rented premises. Follow these steps to serve a summons through the sheriff: A person can hire a professional process server who is licensed to serve people. Evicting a tenant resources - Illinois Legal Aid A program to help you complete the forms to start a case in the Northern District of Illinois federal court. Serving a summons | Illinois Legal Aid Online Once they serve the defendant, they will fill out a sworn statement on the back of the summons explaining how they served the defendant. 5/9-207). For legal help outside of Cook County, go toGet Legal Helpor text eviction to ILAOHelpsat85622*to apply for legal help. Eviction Complaint (Sample) The Eviction Complaint begins the eviction process by providing the Court with the necessary information to start a case. Submitted by Stephen Aghahowa II on Sat, 06/03/2023 - 14:19. It must say that failure to remedy the breach within five days would lead to a start of the eviction process. If I am a covered person, do I still owe rent to my landlord? Remember to clear your browser history to hide activity. If the tenant does not adhere to the terms of the notice to quit, the landlord can seek eviction by filing a Forcible Entry and Detainer lawsuit in the Local Circuit Court. Check with the local circuit clerk. See below for guides and resources related to eviction cases. Executive Order 2020-72, as amended and re-issued, continues to protect many individuals from eviction. What resources are available for tenants who cannot afford to pay their rent? You can find a local attorney through the, If you cannot afford an attorney, contact, There is a virtual Funding Help Desk available (. ) For more information on what this order means if youre a tenant or a landlord, please see below. Then, they will have the summons served on the other party. If the tenant does not move out, you will have to have the sheriff effect eviction by providing a copy of the Order. The answer depends upon the e-filing process in the county where the case was filed. A proof of service must be filed when sending a summons electronically. Unfortunately, there are instances when owning a rental unit in the city of Chicago where removing your renter may be the only option left for you. The declaration form must be provided at least five days before the landlord issues a notice of termination of tenancy. If a tenant is late paying rent, the landlord must give written notice to the tenant and the tenant has five days to respond. After a certain period, Illinois landlords can https://www.illinoislegalaid.org (legal information), Kane County Law Library & Self Help Legal Center: A program that helps you make notice and eviction complaint forms to evict a tenant in Illinois. Even if the landlord is successful with the eviction lawsuit, the only person authorized to remove the tenant is a sheriff or constable. In some states, the information on this website may be considered a lawyer referral service. After a person files a complaint or petition, they will fill out a summons. A judge must issue an order appointing the server before they can serve the defendant. Steps on how to respond if you received a Complaint and Summons for an eviction from your landlord. Reasonable accommodations may be made to hold appearances via phone or video call. Eviction Summons : This form tells the tenant about the eviction case. The Sheriff also charges a fee of $60. 1. Are you unsure what counts as regular maintenance or what constitutes an emergency? The 16th Judicial Circuit eviction mediation program is designed to help mitigate the surge of evictions resulting from the COVID-19 pandemic, and the ensuing economic fallout. In Illinois, rent is due on the date agreed to by the tenant and the landlord in the lease. Steps of the eviction process: Lease expires or is violated. Note:A person cannot get everything they asked for in the suit from the other party if they serve them by publication. Home Court Divisions Law Library Self-Help Information 10th Circuit Forms Evictions Evictions Help with Rent, Legal Aid, and Mediation Services are Available IL Supreme Court's Special Rules Regarding Starting Eviction Cases Approved Statewide Forms - Eviction Suite ( Spanish) In order to give proper notice, a person usually must give the other party a summons. The Eviction Process in Illinois. A landlord, owner of a residential property, or anyone with the legal right to pursue an eviction action, must provide each tenant, lessee, sub-lessee, and other residents of the property who are signatories to the lease, with the 2-page declaration form prior to commencing an eviction action for nonpayment of rent. Formal Eviction? Civil Services Evictions Facing an Eviction? 7 to 60-Day Notice to Quit for a holdover tenant. The Executive Order requires that landlords provide the declaration form to tenants at least five days prior to issuing a notice of termination of tenancy. If yes, the judge will ask how long the tenant needs to move out and enter an eviction order. If there is more than 1 Defendant and they do not all live in the same county, you will need to complete this letter for each sheriff that you will be asking to serve an Eviction Summons. If so, the following alternative methods of service may be ordered: In these cases, attach a copy of the summons/complaint petition, and any other required documents. Disclaimer: This blog is only intended to be informative and not a substitute for expert legal advice. We cannot provide legal advice through our blog. Its chief goal is to assist tenants and landlords in avoiding residential eviction and pursuing mutually beneficial alternatives. However, hearings for an application to waive fees may now be held over phone or video call within 5-10 days. A landlord cannot pursue an eviction proceeding until the notice period has lapsed. A person needs to file aMotionfor Leave toServeby Publication and anAffidavitfor Service by Publication before being allowed to give service through the newspaper. Eviction is when a landlord makes a tenant leave a unit. Internet usage can be tracked. What is considered a non-discretionary expense? A program that helps you make notice and eviction complaint forms to evict a tenant in Illinois. Eviction Summons (01/15/21) CCM 0081 C. Iris Y. Martinez, Clerk of the Circuit Court of Cook County, Illinois cookcountyclerkofcourt.org Page 4 of 4 hard J Daley CenterRic 50 W Washington o, IL 60602Chicag District 2 - Skokie If needed, an eviction post card is 50 cents, bringing the total to $60.50. 5-Day Notice to Quit (Unlawful Activity) In accordance with735 ILCS 5/9-120, a landlord may give 5 days notice to vacate to a tenant who is engaged in illegal activity. If the other party does not respond to the summons, they may not have received it. Talk to a lawyer or visit illinoislegalaid.org/ for more information. Only the circuit clerk, not you, may mail the Small Claims Complaint and Small Claims Summons. Can my landlord evict me for a minor lease violation if I do not owe rent? Unconditional Quit Notice: A landlord can also evict a tenant who . This timeline, however, does depend on the location of the court and the nature of the eviction. Make 4 copies of each form. No One has answered this can a summons be started thru the efile system or how is the process started. Explains different ways a tenant can stop an eviction. You may have a lawyer represent you in court but the court will not appoint a lawyer for you. It is recommended that you consult with an attorney for any legal matters. I suggest you contact IllinoisCourtHelpfor help. If the defendant was not served, the person who is suing must serve analiassummons. The eviction hearing will usually be held within 7 to 40 days after the court summond are issued. By going to the defendant's home, and giving the summons and complaint to someone who lives with the defendant and is at least 13 years old. Forms are free at ilcourts.info/forms. 90-Day Notice for Foreclosure of Rental. But, you may receive an exception to file in person or by mail. This is a section of the housing law manual for attorneys by Lawrence Wood of Legal Aid Chicago. 5-Day Eviction Notice (Non-Payment): This eviction notice, also known as a 5 day notice to pay rent or quit, must be given to a tenant five days before eviction in Illinois. Eviction Help Illinois provides free legal aid and mediation services to prevent evictions and increase housing stability. Kane County Eviction Mediation Program Of course, the due date for paying rent can be extended where the landlord provides a grace period. It is important for those who can pay to do so, which allows flexibility for those that cannot. Court rules on the eviction. When they go to court on the date their motion is heard, they will need to show the judge that thesheriffor the specialprocessservertried but was unable to serve the other party. This is when the tenant receives their final notice to Then you'll get legal information or be connected to a legal professional. Illinois Eviction Timeline Below is the average timeline for a complete eviction process. Pay the circuit clerk the fees for each party. Step 1 You must first provide one of the following types of written notice to your tenant about the potentiality of eviction depending on whether the tenant hasnt paid rent or is in breach of the lease or you wish the tenant move out at the end of the tenancy: Step 2 If the tenant fails to respond to the notice by remaining at the premises and continuing to be in breach of the lease, the landlord may commence proceedings in the Local Circuit Court. of the month 9a-12p), https://www.illinoislegalaid.org/legal-information/fee-waiver, https://www.illinoislegalaid.org/legal-information/written-eviction-notices, Kane County Law Library & Self Help Legal Center. This must be completed by the date indicated in the Summons. Usually, they will need to use one of the 3 following people: If the defendant/respondent is in Cook County, aprivate detective or private process server must be specially appointed by a judge. This form is approved by the Illinois Supreme Court and must be accepted in all Illinois Courts. A lawsuit starts when a person files acomplaintorpetition. This is when the tenant receives their final notice to. Check, money order, credit card, debit card or pre-paid debit card are all acceptable payment methods, excluding cash and temporary checks. Its chief goal is to assist tenants and landlords in avoiding residential eviction and pursuing mutually beneficial alternatives. For tenants who do not owe rent: If the tenant is current on rent, their landlord may not file an eviction action against them unless certain health and safety exceptions apply. July 11, 2023 12 min read Download Resource Illinois eviction laws vary from county to county, but they still follow the same general eviction process: Send a clear written notice Fill out the forms Serve the tenant Attend the trial Wait for judgment
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