Are you a landlord in Illinois? Facing the daunting task of evicting a tenant? Wondering, when does eviction start? Look no further.

This guide is here to help you navigate the Illinois eviction process. From serving eviction notices to filing a lawsuit and going through court proceedings, we've got you covered.

Learn about the different types of eviction notices, how to serve them properly, and the necessary documents to file.

By the end, you'll be equipped to handle the Illinois eviction process with confidence.

Eviction Process in Illinois

During the eviction process, you, as a landlord, must serve a five- to ten-day Illinois eviction notice to the tenant. This notice is the first step towards initiating the eviction proceedings. If you’re wondering, how long does it take to evict someone in Illinois? The specific duration of the notice depends on the type of violation or non-payment involved.

Once the notice is served, the tenant has a set period to either pay the rent or address the violation. If the tenant fails to comply, you, as the landlord, can then proceed to file an eviction lawsuit with the court. From there, the court will serve the tenant a summons, and both parties will attend a court hearing.

The entire process, from serving the eviction notice to receiving a judgment, can take several weeks to months, depending on various factors such as court availability and tenant response.

Types of Eviction Notices

To initiate the eviction process in Illinois, as a landlord, you must serve the tenant one of several types of eviction notices depending on the specific violation or non-payment involved.

The first type is the Rent Demand Notice, which gives the tenant 5 days to either pay the overdue rent or vacate the premises.

The second type is the Lease Violation Notice, which allows the tenant 10 days to correct the violation or move out.

The third type is the Unconditional Notice to Quit, which gives the tenant 5 days to vacate the property without the option to remedy the situation. It's important to note that partial payments can be accepted during the five-day notice period.

The eviction notices can be served by an officer/process server or by the landlord themselves.

Serving Eviction Notices in Illinois

Serve eviction notices in Illinois by personally delivering them, leaving them with a person at least 13 years old who lives in the unit, or posting them at the premises. If the person in possession is a squatter, a copy should be delivered to unknown occupants or posted on the premises.

It's also necessary to mail the eviction notice to the tenant by certified mail. Remember, using the forms provided by the circuit court clerk is important, and make sure to recover any actual damages and reasonable attorney's fees.

Serving eviction notices is a crucial step in the Illinois eviction process, so ensure that you follow the proper methods to notify the tenant of their impending eviction.

Filing an Eviction Lawsuit

Now, let's delve into the next step of the eviction process in Illinois: filing an eviction lawsuit with the court.

To initiate the lawsuit, as a landlord, you need to file an Eviction Complaint with the Illinois Circuit Court. It's important to note that e-filing is mandatory for most civil cases in Illinois.

When filing the complaint, make sure to state the grounds for eviction and provide all necessary information. Additionally, you'll be required to pay a filing fee, which varies depending on the county and the claim amount. If there's a monetary claim for overdue rent, you can include it in the same filing.

Once the complaint is filed, the court will serve the tenant a summons along with a copy of the complaint, and the legal proceedings will move forward from there.

Court Proceedings and Judgment

Once the eviction lawsuit is filed, you'll proceed to the court proceedings and await a judgment. The court will serve the tenant a summons along with a copy of the complaint.

At this point, the tenant has the option to file an Appearance to participate in the case and request a jury trial. Additionally, the tenant can file an Eviction Answer, Defenses, and Counterclaims if they wish to contest the eviction.

During the eviction hearing, both the landlord and tenant will have the opportunity to present their cases and provide evidence to support their claims. It's important to be prepared and organized for this hearing.

Conclusion

In conclusion, understanding the eviction process in Illinois is vital for landlords to protect their rights and navigate the legal requirements successfully.

This comprehensive guide has provided all the necessary information, from serving eviction notices to filing a lawsuit and going through court proceedings.

By following the steps outlined in this guide, landlords can effectively and efficiently navigate the Illinois eviction process and ensure a positive outcome for their property ownership.