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ROMEOVILLE LANDLORD EVICTION ATTORNEY

This article is written to help landlords that have a rental property in Romeoville, Illinois in the County of Will. The eviction process since covid has become much more complicated and hiring an experienced eviction lawyer is increasingly become important. The Forcible Entry and Detainer Process or otherwise known as an “eviction” details the relevant rules regarding the eviction procedures and laws in the State of Illinois.

BEGINNING PROCESS FOR EVICTIONS IN ROMEOVILLE, ILLINOIS

The beginning of eviction process in Romeoville begins with the eviction notice and delivery of the eviction notice to the tenant(s). There are four major types of eviction notices:

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oswego landlord eviction lawyerThis article will discuss the landlord eviction process in Yorkville and Kendall County, Illinois for Oswego, and nearby landlords. Evictions are processed in Kendall County in Room 116 of the Kendall County Courthouse.

Kendall County Landlord Eviction Process

There are several reasons why property owners or landlords desire to evict a tenant. Here are several of the reasons:

WILL COUNTY LANDLORD EVICTION ATTORNEYS

This article is designed to assist landlords and property owners who have a residential rental property in Bolingbrook and Will County. The eviction process in Illinois is also called the "forcible entry and detainer process". See 735 ILCS 5/9-101. The purpose of having an eviction statute is to govern the eviction process peacefully for landlords and tenants. The forcible entry and detainer act in Illinois prohibits landlords or property owners from evicting tenants without following a specified process.

WILL COUNTY LANDLORD EVICTION ATTORNEYS

The first step in the eviction process for landlords and property owners in Bolingbrook is to give an eviction notice. There are four major types of eviction notices for evictions. Here are the following eviction types:

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Illinois Eviction Attorney

Can you evict tenants in Illinois on or after November 21, 2022

Yes, Landlords, Real Estate Investors, and/or their agents may commence eviction cases in Illinois right now. At this point, eviction cases have Illinois government backed rental assistance for landlords and tenants. The Illinois Rental Assistance Program is administered by the Illinois Housing Development Authority or otherwise known as “IHDA”. At this point, landlords may get rental assistance directly paid to them for up to $25,000 (per tenant). See http://www.ihda.org/about-ihda/illinois-rental-payment-program/

How Do You Start an Eviction in Illinois?

In Illinois, the landlord must first give the tenant the eviction notices and allow the period to expire before proceeding to filing an eviction court case in Illinois. To file an eviction case, the landlord must file a complaint, which includes a copy of the residential lease (if applicable); the eviction notice; and affidavit of service proving the delivery of the eviction notice to the Defendant Tenants and Unknown Occupants.

Illinois Eviction Agreed Court Orders in Eviction Cases

This article describes the different types of agreed eviction orders in Illinois. This article does not comprehensively describe the eviction process in Illinois. This article has summarized the Illinois Eviction Timeline and a summary of the eviction process in Illinois.

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kendall county lawyer for landlordsYes, tenants may be evicted in Illinois during the winter months. There are no weather restrictions in Illinois with respect to eviction proceedings in Illinois.

Reasons for Evictions by Landlords in Illinois

There are multiple reasons landlords in Illinois want to forcible evict tenants in the winter months. These reasons include the following:

Illinois Eviction Lawyers

ILLINOIS EVICTION ATTORNEYS EXCLUSIVELY FOR LANDLORDS

A common question among landlords is whether they may turn off tenant’s utility service. The simple answer is “No.” The term “landlord” including the owner of the building, the owner’s agent, and the lessor of a building. 765 ILCS 735 1.1. This answer may be different if the tenant and the landlord agreed in a written residential lease for the tenant to provide for utilities such as gas, electricity, garbage, and/or trash service. 

Turning off the utilities mean that the Landlord requested that the service provider turn off the utilities to constructively evict tenants. In the alternative, the landlord cannot refuse to pay the bill and allow utilities to be shut off. Unfortunately, the last few years have been tough for landlords because a landlord’s ability to swiftly use the corrects to force a tenant to pay their rent and utilities has been limited. There is an exception for temporary utility shutoffs in case of emergencies such as gas leaks, fire or upon a seven (7) day written notice to each affected tenant for repairs or rehabilitation. 765 ILCS 735 1.4/Rental Property Utility Service Act.

Tenant Responsibility for Utilities

When a residential lease requires a tenant to be responsibility for utilities and a tenant fails to pay the utility bills and a shutoff occurs is not subject to the Rental Property Utility Service Act. In this instance, the tenant is responsible for restoring tenant and the landlord is not liable nor required to assist the tenant to restore utility services.

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 Kane County Eviction Attorneys

To ensure a landlord is filing an eviction case in the right county, the rule is that the case must be filed in the county in which the rental property is located. Unfortunately, some landlords are left having to file their case in Kane County, and they are met with a harder time obtaining an eviction order than landlords filing in neighboring counties. This is because Kane County is considered “pro-tenant” which means that the court gives multiple chances to the tenant and would rather the parties come to an agreement on their own accord than have to issue an eviction order against the tenant. The process is longer, more tedious, and overall very confusing, especially for landlords that choose to represent themselves in court, otherwise known as pro se.

The initial process is the same as any other county, meaning that the landlord must serve the tenant the requisite notice, whether that be a five-day, ten-day, or thirty-day notice. The landlord must then wait the appropriate amount of time to ensure the tenant had time to attempt to comply with the eviction notice. If the tenant does not abide by the notice, the landlord can then begin filing their case in Kane County, which is where the real struggle begins.

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landlord eviction attorney in Will County

As a landlord in Naperville (South), you have the right to evict a tenant for any of these reasons:

shutterstock_547275928-min.jpgWhat is a Foreclosure?

Foreclosure of residential real estate refers to “any real estate, except a single tract of agricultural real estate consisting of more than 40 acres, which is improved with a single family residence or residential condominium units or a multiple dwelling structure containing single family dwelling units for one or more families living independently of one another, for which an action to foreclose the real estate: (1) has commenced and is pending; (2) was pending when the bona fide lease was entered into or renewed; or (3) was commenced after the bona fide lease was entered into or renewed.”  (see 735 ILCS § 5/15-1225).

What is the Foreclosure Process Like in Illinois?

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yorkville eviction lawyerAn order of possession is a court order by an eviction court giving the tenant a certain period of time to remain at the property address. An order of possession grants the tenant a temporary period to move (and the landlord cannot forcibly evict during this “stay” period). After this stay-period, the property owner has authority to place the eviction court order with the local Sheriff’s Office. The order of possession enables a property owner or its’ agent the power to place an eviction order with the local sheriff to forcibly evict a tenant. The stay order grants a tenant permission to stay for a temporary period of time.  The court order will have the “stay-period” expire after a grace period specified in the court order.

An order of possession authorizes the Sheriff to forcibly evict a tenant. The entry of an order of possession court order is one of the final steps in returning the property back to the rightful owner. 

How Does a Landlord Get an Order of Possession?

An order of possession is granted by the Judge supervising the eviction case. The property owner or its’ attorney must bring an eviction case at the local courthouse where the rental property is located. A proper eviction must be commenced in the county where the property is located. The local Sheriff’s Office will not be able to execute the order of possession if the eviction case is in a different county than the proper county.

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LLCs for Real Estate Investments

Posted on in Real Estate

LLCs for Real Estate InvestmentsNaperville and Yorkville Real Estate Lawyer for Landlords

What is a Limited Liability Company?

Limited Liability Companies (hereinafter referred to as “LLCs”) are the preferred choice of business entity for real estate investors (except for real estate owners involving in flipping real estate). 

LLCs are increasingly popular because of their flexibility, liability protection, and flow-through tax treatment. In this article, we will discuss the pros and cons of an LLC for real estate investors and other considerations that must be considered by real estate owners and investors.

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will county landlord eviction lawyerProcedures for Residential Eviction for Romeoville, Will County

An eviction is the process of getting a court order to remove a tenant and other occupants from a rental property. A court order is required to evict someone from a property. In Will County, the Sheriff will schedule the eviction. In Will County, the Sheriff will then schedule a date to conduct the eviction. The time to execute an eviction and evict a tenant varies.

Summary process is the court case a property owner files to get a court order. An order of possession is the court order that allows a property owner to evict a tenant. The Will County Sheriff is Sheriff’s Office to evict a tenant and their belongings out of the property after the order of possession court order expires. 

The Illinois (IL) Rental Payment Program (“ILRPP”) is administered through the Illinois Housing Development Authority. The Illinois Rental Assistance Program (“IRAP”) unlike ILRPP is open and is accepting eligible participants on a rolling basis.  IRAP provides housing assistance to tenants and direct financial assistance to property owners. IRAP offers security for tenants and financial assistance for property owners. The program provides housing assistance to tenants and directly to property owners with the objective of providing housing security for tenants. 

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kendall county real estate lawyerSince Covid-19, Landlords are often left wondering what the eviction process now looks like. Below are some answers to frequently asked questions surrounding court evictions, otherwise known as cases in “Forcible Detainer and Entry.”

How Long Does an Eviction Take?

It is typical for residential landlord evictions to range anywhere from six to ten weeks, from start to end. Court availability can sometimes dictate whether a case can be heard sooner or later. However, tenant cooperation will largely determine how long the eviction will take. Things to consider when thinking of tenant cooperation include whether the tenant is purposefully evading service, whether the tenant fights the eviction, and whether the tenant is open to a settlement agreement to shorten the process.

How Do I Start an Eviction Against Current Tenants?

In order to initiate an eviction against current tenants, the landlord, through themselves or a private process server, must serve a notice onto the tenants. The most common types of notices are a five-day notice and a thirty-day notice.

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plainfield real estate lawyerAurora and Plainfield Real Estate Lawyers for Articles of Agreement

Articles of Agreement are known for their installment land contract, which usually requires two closings. Articles of Agreement are also land as “Land Sale Contract” or “Articles for Deed” or “Rent to Own” Installment Contracts. Going forward, we are going to refer to Articles of Agreement to describe seller financing and installment contracts. The benefit of seller’s financing is ability to avoid commercial lending requirements such as debt to equity ratios and poor credit scores.

Installment Contracts

An installment contract is a method of establishing a real estate transaction, which is an alternative to traditional mortgage financing. Under the installment contract, the buyer is essentially a “renter” with the ability to acquire an ownership interest in the future. An installment contract also involves an option to purchase. An option to purchase is the ability of the buyer to obtain traditional mortgage financing within certain time limitations. Furthermore, the buyer must also maintain a healthy renter and owner relationship. 

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naperville real estate lawyersReal Estate Attorneys for Landlords and Property Owners

This article summarizes the benefits and disadvantages to placing rental properties in a Limited Liability Company in the State of Illinois. A Limited Liability Company, or otherwise known as an “LLC”, is a hybrid between a partnership and a corporation. In Illinois, LLCs have increasingly become the favorite business entity for property owners.  

What are the Benefits of an LLC?

There are three (3) major benefits on an Illinois Limited Liability Company or otherwise known as an “Illinois LLC” or “LLC”. The following is the first major benefit of an LLC:

  1. Limited Liability Protection

The major benefit for rental property owners is limited liability protection. Simply put, this means that the business and the property owners are separate and distinct from one another. The basis of the LLC is to provide asset protection for the rental property owners.  A major concern for property owners is liability issues that may threaten the financial viability of a person or family. For example, lawsuits that typically deal with an LLC are limited to the business aspects of the corporation, rather than impacting a family’s assets such as other rental properties.  

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warrenville attorney for landlordsLandlord Attorneys Serving Warrenville, Wheaton, and Glen Ellyn

Landlord Evictions, LLC represents landlords in disputes with their tenants. Our law firm exclusively represents the interests of real estate investors and landlords. Our law firm specializes in representing landlords in the areas of Lisle, Naperville, Warrenville, Glen Ellyn, Lombard, Wheaton, and the surrounding areas of DuPage County.

Causes of Evictions

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Will County Residential Real Estate Eviction Attorneys

The Will County Residential Landlord Eviction Process will be discussed in this article. The eviction process is also called the “Forcible Entry and Detainer Process” otherwise known as the eviction process for residential evictions. This blog will focus on the Circuit Court of the Twelfth Judicial Circuit or otherwise known as the “Will County Circuit Court”. 

Joliet and Will County Residential Eviction Procedures

Will County Government and the Will County Courthouse has developed a partnership to assist residents, which have a likelihood of becoming homeless if the eviction process is finalized. Furthermore, the Illinois Rental Payment Program or otherwise known as “ILRPP” is the State of Illinois’s version of the rental assistance program to aid residential landlords and tenants. The purpose of the residential rental assistance programs is to provide housing assistance to tenants directly to landlords with the goal of providing housing stability for tenants.

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Will County Landlord Attorneys for Evictions

Evictions are also known as “forcible entry and detainer actions” in the Bolingbrook, Romeoville, Joliet, and Naperville areas of Will County, Illinois. Gateville Law Firm concentrates exclusively on behalf of landlords. Will County is one of the several counties that we offer our services and expertise in prosecuting prosecute eviction cases.

At the first court date, there are several possibilities as to what will happen. The first possibility depends on whether the Will County Court has jurisdiction over the Defendant and Unknown Occupants. To successfully obtain authority over the Defendants, the Plaintiff (the landlord, through their lawyer) must properly serve the Defendant (the tenant) and Unknown Occupants a summons with rental relief language attached. 

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Fox Valley property owner eviction attorney

This blog article discusses the eviction process or otherwise known as the “forcible entry and detainer process” throughout Fox Valley, including, but not limited to:

Rental Assistance and Landlord Evictions

Illinois HB 2877 signed by Governor Pritzker created the Covid-19 Federal Emergency Rental Assistance Program Act, which aimed to provide additional protections for renters and homeowners. The goal of HB2877 was to provide housing stability and provide rental assistance relief to rental property owners and renters. In Illinois, property owner evictions were sealed by HB2877 through August 1, 2022.

August 1, 2022

HB 2877 will allow forcible entry and detainer actions or otherwise known as “eviction cases” to be public record against a tenant’s record. The Illinois Rental Payment Program or otherwise known as “ILRPP” provides direct funding up to $25,000 for qualifying tenants and landlords for failure of a tenant to provide rental payment. The purpose of ILRPP is to provide funding to landlords to assist tenants to remain in their home and provide housing stability. 

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