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Landlord Eviction Process in South Naperville, Will County

Posted on in Residential Landlord Evictions

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:

  • He/She refuses to pay rent on time.

  • He/She breaks the rules of the lease/rent agreement. 

  • There's property damage in the rental unit.

  • Does not evacuate property when rent or lease ends.

  • Does not have a written lease but pays rent on a monthly basis and receives a notice to vacate from your rental property.

In this article, you will learn the process of evicting your tenant as a landlord in Naperville (South).

Steps to Legally Evict a Tenant as a Landlord.

The landlord eviction process legally begins with a tenancy termination. 

This is a process when you begin to give your tenant a couple of eviction notices. You cannot just forcefully drive him/her out of the rental unit. 

If a tenant does not evict or comply with the eviction notice, then you can file a lawsuit—an eviction lawsuit is also known as forcible entry and detainer action.

The landlord eviction process in Will County areas like Naperville, Joliet, Plainfield, Bolingbrook, and other areas is similar. 

First Step: Eviction Notice.

As mentioned earlier, the first legal step in the landlord eviction process is the eviction notice. For Naperville, Will County, let us look at the two common types of eviction notices required by law.

  1. 5-Day Eviction Notice.

For most landlord eviction processes in Will County and South Naperville, the eviction starts with a 5-day notice. You cannot just walk up to your tenant and ask him/her to quit. Quite traditionally, you must give a written 5-day eviction notice. This means that he/she (the tenant) has five days to pay up full rent or face the full eviction process.

The 5-day written eviction notice would include the following:

  • Date of notice,

  • Address of property and unit number (if any),

  • Date lease will end (more than 5 days after the date of the notice),

  • The amount owed (not including costs and fees), and

  • That the tenant has 5 days to pay in full.

This is in reference to an article published on Illinois Legal Aid. 

If the tenant refuses to pay within the 5-day notice, you as the landlord may terminate the tenancy and file an eviction lawsuit known as forcible entry and detainer action against the tenant. 

However, if the tenant pays fully within five days, you must accept the money and withdraw filing a lawsuit against the tenant.

  1. 30-Day Eviction Notice.

This type of eviction notice is given when the lease is a month-to-month lease. It simply informs the tenant that he/she has thirty days to move out or an eviction lawsuit will be filed against him/her.

You as the landlord can decide to terminate the tenancy by giving him/her an eviction notice without any reason. This can happen if you do not wish to renew his/her tenancy. 

However, it is required that you give an eviction notice at least 30 days before the lease expires. 

These notices are sometimes called "non-renewal" notices or "no-cause" lease termination notices.

For a 30-day eviction notice, the content would contain:

  • Date of notice

  • Address of rental property and unit number if there is any.

  • Lease end date. It must be for a whole month. 

During the 30-day deadline to move out, the lease agreement is still effective. 

Second Step: Filing an eviction lawsuit against the tenant.

The tenant has not paid before the end of 5 days or 30 days. Then the next step is to file an eviction lawsuit against him/her. 

You must be patient enough for the eviction notice to expire before filing a court case. Keep that in mind. Now to the steps of filing an eviction lawsuit.

For South Naperville, Will County, the court proceedings take place at the Circuit Court of the Twelfth Judicial Circuit or otherwise known as the “Will County Circuit Court”.  But first:

  1. Fill the eviction forms.

Your eviction lawsuit against your tenant begins with filling and signing two forms. They are: Will County Complaint form (19E) and Will County Summons form (19F). 

Form 19E, which is the Will County Complaint form, generally asks you the landlord whether you want the property possession and/or money damages. 

You can ask your attorney about this form to fill to start your court proceedings. 

The Will County Summons form (19F) is a form filled to tell the tenant who has refused to evict about the court case coming up. In other words, you are required to serve the tenant notice of the "complaint" or action taken against them. 

If you do not get the name of the tenants when you are filling out the Summons form, you can fill in"Unknown Occupants".

In Will County, Summons are usually served by a sheriff from the Will County Sheriff's Office.

  1. File your forms with the Will County Circuit Court.

The Will County Circuit Court clerk is the appropriate clerk you will file your forms with. 

  1. Inform the tenant you want evict about the upcoming case.

When you are done filing the forms with the court clerk at Will County Circuit Court, the next step takes a copy of the forms; i.e, Eviction Complaint and Eviction Summons to the sheriff's office.

It is the duty of the sheriff to serve a copy of the forms to the tenant you want evicted. Otherwise, you can use an independent process server. 

You should note that the eviction cannot go on if the tenant is not served. It is advisable to notify the sheriff's office a few days to court hearing. 

  1. Appear in court.

You must appear in court on the return date on the Will County Summons form. On the day of court hearing, take with you:

  • A copy of your Will County Complaint form (19E) and Will County Summons form (19F). 

  • A copy of your written eviction notices to your tenant. 

  • A witness(es) to support your case

  • Objects, photographs, or other evidence to give you an upper 

  • hand in court.

What to do when you get to court.

It is advisable to get to the court earlier—preferably 30 minutes earlier. This way, you have time to sign in with the court clerk, find the appropriate courtroom, especially if it is your first time.

You are to sit in the courtroom and wait for your case to be called. If your tenant does not show up in court, you are most likely to win the case— he/she will be held in default.

When your case is called, you will give reasons to the judge as to why you want your tenant evicted. 

If the trial is in your favor, the judge will grant an Eviction Order. Usually, in Will County and others, the Eviction Order gives the evicted tenant two weeks to move out. 

But if the tenant wins the case, your Eviction Complaint will be dismissed and the whole eviction process comes to naught.

3rd Step: Enforce  the Eviction Order.

If the court trial is in your favor, the judge will sign an Eviction Order. Most Eviction Orders from the judge gives the tenant about two weeks to move out from the place.  This is called stay of execution. You must not act rashly during this period or conduct a forceful eviction. 

If he/she does not move out in two weeks, you can file your Eviction Order at the sheriff department and request that your tenant be evicted.

How long is the landlord eviction process in Will County? 

According to experience, it takes about 6-10 weeks on average to start and complete a landlord eviction process in Will County and cites in it. 

In South Naperville IL, it involves the whole process discussed in this article:

  • Eviction Notice

  • Filing an eviction lawsuit

  • Court hearing 

  • Enforcing the eviction with the sheriff department.

Hiring the best landlord eviction attorney in Will County: Gateville Law Firm.

As a landlord looking to evict a tenant, the legal eviction process is time consuming and overwhelming, especially if you are not used to it or a new landlord. 

Gateville Law Firm has the staff and attorneys to provide residential landlords efficient and cost-effective legal process. 

Our staff and attorneys understand the ins and outs of the residential eviction process in the Crest Hill, Joliet, Bolingbrook, Naperville, Mokena, Frankfort, Plainfield, Shorewood and nearby areas of Will County, Illinois. 

Our law firm serves the entire Will County area in service to residential landlords. Contact our law office today at 630-780-1034 or via online contact form. We handle residential evictions virtually and residential landlords do not have to attend court unless there is a trial for eviction which is seldom.

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