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Gateville Law Firm

Montgomery Residential Landlord Eviction Attorneys

Oswego rental property owner asset protection lawyer

Landlord Attorneys Serving Oswego, Bristol, and Kendall County, Illinois

Landlord Evictions, LLC provides thorough and comprehensive residential eviction, estate planning, and real estate closings for residential landlords and property owners. We are based in Yorkville, Illinois, and we serve Kendall County and the surrounding areas (including all of the Chicagoland area except for Lake County, Chicago, and Cook County).

We exclusively assist residential landlords and property owners with residential and commercial evictions. We serve landlords in the Montgomery, Oswego, Plano, Yorkville, and Bristol areas, among other areas in Kendall County and the surrounding areas.

The Kendall County Circuit Court Residential Eviction Process

Residential property owners and landlords may seek eviction services for multiple reasons, such as non-payment of rent, holdover tenant(s), family member (or boyfriend/girlfriend) breakup, and/or rental lease violations.

Service of Process of Eviction Notices

The Forcible Entry and Detainer Act governs residential evictions in Kendall County and the surrounding areas. Illinois has certain minimum requirements for residential evictions and service of process. Service of process details how landlords must legally inform tenants of eviction-related issues. There are three main types of residential eviction notices in Illinois.

Two methods of service of process of residential eviction notices may be used. The first type of notice is personal service in which the landlord or their agent personally delivers the eviction notice to the tenant(s) by hand. Personal service is a complex area of law, and depending on the facts and circumstances, delivery of a notice may or may not be considered personal service.

Delivering the notice to the tenant(s) by posting the notice on the door or communicating with the tenant(s) using email, text message, or oral communication is not an effective way to deliver an eviction notice for residential eviction cases. Use of a private process server is highly recommended, because they are a neutral party, they understand the laws regarding service of process, and they provide a professional service and an affidavit of service proving delivery of the eviction notice(s).

The second type of service of process method is certified mail. Certified mail requires a return receipt with a signature required by the tenant(s). The tenant(s) must sign the certified mail notice for effective service of process. Tenants often fail to pick up or sign certified mail notices. In these instances, the tenant has not been served in the proper way.

5-day, 10-day, and 30-day notices in Oswego, Bristol, and Montgomery

The first major type of eviction notice is the 5-day notice, which is a notice of non-payment of rent. The 5-day notice gives the tenant actual notice of the amount of rent that must be paid within five days of the receipt of the eviction notice. The benefit of the 5-day notice to the landlord is the ability of the landlord to void (or cancel) the remaining written lease with the tenant.

A tenant that fails to pay the rent owed after five days (or the amount of time permitted by the landlord) may face filing of an eviction complaint. The landlord may determine whether to accept rental relief, offer payment plans, and/or allow the tenant(s) to remain in the premises. Special attention must be paid by the residential landlord in these situations, because acceptance of partial payments will invalidate the eviction notice (after the expired term has occurred).

The second major type of eviction notice is the 10-day notice. A 10-day notice is for rental lease violations such as unwanted pets, excessive damage to the property, and/or homeowner association violations. The 10-day notice allows the tenant to cure the violation in the written lease or give the tenant 10 days to move out or face the consequences of an eviction action. The 10-day notice may also be used in nuisance and/or criminal matters.

Eviction Complaint Process: Tenant Removal in Montgomery, Bristol, and Oswego, Illinois

The final step in the residential eviction process is the filing of an eviction complaint. An eviction complaint is a written legal document that describes the nature of the facts, the violations of the law, and the relief sought.

Relief sought in residential eviction cases will address possession of the property and/or damages for unpaid rent, late fees, and reasonable attorney's fees. Reasonable attorney's fees, unpaid utilities, and other charges are only permitted when a written lease specifies that these damages are allowed when a default has occurred. Most standard residential leases prepared by realtors contain these clauses and permit recovery of attorney's fees, court fees, and/or unpaid utilities. In most family situations, a landlord who is a family member may only seek possession of the property back, and they are not allowed to recover rental damages. A property owner should consult with an attorney to determine the types of relief that may be available.

Landlords should know that property damage and security deposit issues are outside the scope of residential evictions. Compensation may be sought in small claims court for unpaid rental damages and property damage (including security deposit issues). Property damage issues and guarantor payments are outside the scope of evictions, because evictions are designed to be expedited processes. Therefore, residential evictions do not cover property damage.

The eviction Summons and the Complaint are usually filed at the same time, and the attorney will get a court date for an eviction hearing. Unlike the eviction notice, the Summons must be delivered by a licensed professional. The purpose of the Summons is to inform the tenant(s )of their rights and responsibilities and give them an opportunity to have their case heard.

What Happens at the First Court Date in Oswego, Montgomery, and Bristol, IL?

The first court date has multiple purposes. The first purpose is to see whether the Summons has been served correctly and to establish that the court has jurisdiction over the tenant(s) and any unknown occupants. Residential evictions in Kendall County can often be handled much more quickly and easily than in Kane County.

At the first court date in Yorkville, Kendall County, the tenant will generally admit or deny the allegations in the complaint. The tenant will often seek the leave of the court to hire an attorney or seek rental relief. In the alternative, the tenant and the landlord's attorney will seek a settlement to resolve the matter. Generally, Landlord Evictions, LLC understands what the landlord's motives are, and we will ask for the landlord's opinion prior to the first court date. This consultation will guide the goal of the first court date. In case of a dispute, the matter will be set for trial.

Kane County Circuit Court for Montgomery Residents or Surrounding Areas of Kane County, Illinois

The Kane County Circuit Court residential eviction process is a much more complex process that grants more rights to the tenant(s). In the end, the landlord and tenant(s) may be able to schedule mediation, their case will be set for trial, and/or they will enter into a settlement agreement.

Asset Protection and Residential Sales

Landlord Evictions, LLC is a full-service, one-stop shop for residential landlords and property owners. We offer a $500 discount for landlords or property owners who use our services when selling a house (certain limitations may apply; contact us for more information). For landlords who purchase and sell properties multiple times in a year, we provide discounts on legal fees and services. Please contact us to learn more.

We are exceptionally strong in the area of residential and commercial real estate. We have over 50 years of title insurance experience among our real estate employees. This title insurance background is important for real estate closings because of the experience that these employees bring to the real estate process for Landlord Evictions, LLC. During the purchase and sale process, our team works with Gateville Law Firm, the owner of Landlord Evictions, LLC. Our real estate attorneys and staff have exceptional legal, title insurance, and real estate experience, and we deliver excellent service and legal acumen in the areas of real estate law.

One of the biggest areas of concern for most landlords is asset protection and structuring of the title to their properties. Probate concerns and lawsuits are a major concern of landlords (or should be), and we can assist with asset protection and real estate legacy law.

Asset protection is the process of structuring your rental properties in a manner that will limit lawsuits that may potentially threaten your personal assets. Real Estate Legacy Law is the combination of estate planning and asset protection services for landlords, and it will address the process of passing down your wealth and legacy to your family or friends (or a charity of your choice).

Landlord Evictions, LLC provides comprehensive and professional legal services for landlords in the following areas:

  • Purchase and Sale of Residential, Investment, and Commercial Real Estate
  • Business structure and asset protection advice
  • LLC setup (including professional LLCs and series LLCs)
  • Residential and Commercial Evictions for Property Owners
  • Estate Planning tailored to Landlords
  • Development of Asset Protection Plans involving LLCs, Land Trusts, and other strategies

Residential Eviction Attorneys for Landlords Serving Oswego, Bristol, and Montgomery

Landlord Evictions, LLC serves property owners and landlords in Montgomery, Aurora, Yorkville, Plano, Bristol, Oswego, and the surrounding areas of Kane County, Kendall County, and other nearby counties. Reach us at 630-780-1034 or via our online contact form.

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