This article discusses the landlord and tenant process, otherwise known as the “forcible entry and detainer process,” as outlined under 735 ILCS 5/9-101. The forcible entry and detainer process outlines the law regarding evictions in Illinois. There are several reasons for commercial evictions in Illinois. Here are some reasons for commercial evictions:
Non-Payment of Rent
Non-Compliance issues such as property damages, pet issues, criminal issues, or other issues
...
The purpose of this article is to assist landlords who own rental properties in the Kendall County area of Oswego, Illinois. A landlord can force a tenant to vacate a rental property through eviction. To get an eviction order, the landlord must provide the tenant with notice and go through the legal process.
Since the Covid-19 pandemic first hit in early 2020, the eviction procedure has significantly increased in complexity, making it increasingly crucial to hire a qualified eviction attorney. The Forcible Entry and Detainer Process, commonly known as an "eviction," provides pertinent information on the eviction laws and processes in the State of Illinois.
Understanding intricate eviction and rental property eviction rules makes being a landlord, which is already a demanding profession, even more challenging. Cash flow is hampered by uncooperative and disruptive tenants, which makes the landlord business unprofitable. Landlords in Oswego are frequently preoccupied with managing several rental properties, bookkeeping, and problematic or disruptive tenants that break the conditions of the lease. This is the rationale behind why landlords in Oswego or elsewhere use eviction as a last resort.
...
Montgomery Illinois Eviction LawyerThis article describes the eviction process in Montgomery, Illinois, and Kendall County. Montgomery rental property owners need to understand the eviction process affecting them. The Kendall County Eviction Process begins in Room 116 of the Kendall County Courthouse. The first part of the eviction process begins with preparation of the appropriate eviction notice.
In Illinois, the 5-day notice is a non-payment of rent notice. The landlord must give the tenant the five-day notice, which gives the tenant notice of the amount of rent due within 5-days. The 5-day notice gives the tenant 5 calendar days (not business days) to pay the full-amount of rent or face the prospect of eviction proceedings in Kendall County. Generally, the 5-day notice must state the rental amount owed and due and that partial-payment is unacceptable. Landlords should be careful about accepting partial payments after the 5-day period because it will invalidate the 5-day notice.
The ten-day notice is a type of eviction notice where the landlord informs the tenant of their material breach in the residential lease. Simply put, the 10-day notice is a non-compliance notice because the tenant has violated the terms of the residential lease. An example of non-compliance issues involves illegal activity. Or perhaps the tenants have moved in pets and the residential lease has a strong no-pet policy. Essentially, the tenant has 10-days to fix the problem, or the landlord may commence eviction proceedings after the 10-day notice is delivered.
...
This article will discuss the commercial eviction process in Yorkville and Kendall County, Illinois. Our Yorkville Commercial Eviction Lawyer assists commercial property owners exercise their rights concerning the landlord-eviction process. The eviction process in Kendall County is set-forth in the Illinois Forcible Entry and Detainer Act. See 735 ILCS 5/9.
Commercial landlords in Illinois are not allowed to use illegal eviction steps such as “self-help” remedies. Self-help remedies are remedies designed to evict a commercial tenant in an illegal way. These self-help strategies involve locking out commercial tenants from their offices by changing the locks or preventing entry into the office complex. These self-help methods are outlawed by Illinois Eviction Law. The Illinois Eviction Law that governs the commercial eviction process is the Illinois Forcible Entry and Detainer Act. See 735 ILCS 5/9.
Recessions bring economic strife, which increases financial difficulties and brings enhanced economic instability. Economic hardship produces declining sales, lawsuits, and increased financial pressures, which increase the chances of a business experiencing bankruptcy or insolvency proceedings. Bankruptcy and insolvency proceedings increase the chances of non-payment of commercial rent.
...
This article's goal is to help Illinois landlords who own rental properties in Batavia and other Kane County communities. An owner of a rental property has the right to evict a tenant. The landlord must give the tenant notice and complete the legal process in order to get an eviction order.
...
This manual is designed to help owners of commercial rental properties in Bolingbrook, Illinois, a city in the Will County of Illinois. The eviction process has become much more complicated since the COVID-19 outbreak, making it increasingly important to retain the services of an experienced eviction lawyer. The Forcible Entry and Detainer Process, sometimes referred to as an "eviction," offers vital details on the eviction procedures and legislation in the State of Illinois.
Any type of business owner is vulnerable to declining sales and financial issues. Unfortunately, the landlord can be put in a tricky situation if this happens. On the one hand, commercial property owners could be willing to wait out a slow period for a delinquent business renter since they are aware that maintaining an existing tenant is often easier than finding a new one.
On the other hand, the delayed payments may have lowered the investor's earnings to the point that they are now at risk of experiencing their own financial problems. For this reason, it is essential for investors to understand the eviction process for a business tenant who is overdue on their rent and to carefully consider their options before moving forward with the action.
...
This article discusses the Illinois Forcible Entry and Detainer Process for commercial evictions in Bolingbrook and Will County Circuit Court. Commercial evictions are generally done due to non-payment of rent or a material breach of contract. The commercial eviction process in Will County and Bolingbrook consists of three steps.
The two major eviction notices are the five-day notice; the 30-day notice; and the 10-day notice for commercial evictions. The five-day notice is a notice where the tenant is alleged to failed to pay the full amount of their rent. The five (5) day notice gives the tenant five full days to pay their rent. If the commercial tenants fail to pay their rent after the five (5) day period, then landlord may file a lawsuit at the Will County Courthouse in downtown Joliet, Illinois. The 30-day notice is a type of eviction notice, which terminates the month-to-month rental lease. Often, a commercial tenant has a lease with an expiration date and neither party terminates the lease. In many instances, commercial landlords have attempted to verbally, through text message, and/or email a termination letter. These methods of informing the commercial tenant that the month-to-month rental tenancy is being terminated are ineffective. The ten-day notice is a notice that alleges that the commercial tenant has breached the terms of the written lease. The ten-day notice is a non-compliance with the material terms of the written contract eviction notice.
Service of process must occur in two permissible methods in Bolingbrook, Illinois. The first way to serve a commercial tenant an eviction notice is by personally handling the registered agent of a business a copy of the eviction notices. Serving the individual, the eviction notice may be ineffective in a commercial eviction. The proper person or entity to receive the legal paperwork is the registered agent. The registered agent may be found on the Illinois Secretary of State’s Website. The second manner to serve a commercial tenant in Bolingbrook, Illinois is through certified mail with return receipt requested. Certified mail has an option that the commercial tenant must sign the certified mail slip. Service of process is ineffective for certified mail unless the commercial tenant (or an employee over the age of 13) has signed the certified mail slip.
...
This article will discuss the eviction process in Morris and Grundy County. The eviction process in Illinois is summarized in the Illinois Forcible Entry and Detainer Act. 735 ILCS 5/9-101. The eviction process is described under the State of Illinois law, but there are specific differences in how each county proceeds with the eviction process. The process in Grundy County may also be known as the "law magistrate process".
The first step in beginning an eviction against a tenant begins with the eviction notice. There are four major notices for eviction in Morris, Illinois. The first type of eviction notice is the 5-day notice. The 5-day notice is the most common eviction notice because it addresses non-payment of rent. Essentially, the 5-day notice is delivered to the tenants with the full amount of the rent-seeking and the tenant has 5 days to pay the full amount of rent. If the tenant fails to pay the entire amount of rent, the landlord has the option of filing an eviction case. Accepting a partial payment of rent will invalidate the 5-day notice. The landlord may accept partial payments during the five-day period and apply the partial payment toward the unpaid balance. The key issue is the landlord must not accept a partial payment of rent beyond the 5-day grace period offered by the 5-day notice.
The second type of eviction notice is the 30-day notice. The 30-day notice is used to notify the tenant that the month-to-month rental tenancy will end at the expiration of that period. Generally, the landlord and the tenant enter into a written lease with an expiration period. Often, the landlord and tenant fail to create an additional lease and the tenant(s) stay beyond the expiration date and continue into the landlord-tenant relationship. Effectively, the landlord or tenant must notify the other party of their desire to terminate the month-to-month rental period. The point of the 30-day notice is to give the tenant or landlord time to find a suitable alternative. In the tenant's situation, the tenant must find another place to live and move out by the time written in the 30-day notice. The point of the 30-day notice is to give the tenant time to find another place to reside.
...
This article's goal is to help Illinois landlords who have rental properties in the Kendall and Joliet County regions. A landlord has the right to remove a tenant from a leased home. The landlord must give the tenant notice and go through the legal process to get an eviction order.
The eviction process has become more complicated since the Covid-19 outbreak first struck in early 2020, making it more important to work with an experienced eviction lawyer. The Forcible Entry and Detainer Process, sometimes referred to as an "eviction," contains vital details on the eviction procedures and laws in the State of Illinois.
Being a landlord, which is already a tough business, is made much more difficult by having to understand complex eviction and rental property eviction procedures. Uncooperative and disruptive tenants restrict cash flow, making the landlord industry unprofitable. In the Kendall and Joliet County areas, maintaining many rental properties, bookkeeping, and troublesome or disruptive tenants who violate the terms of the lease are common concerns for landlords. This is the rationale behind why landlords in the Kendall and Joliet County areas or elsewhere use eviction as a last resort.
...
This article discusses the residential eviction process in Plano, Illinois, County of Kendall. Eviction law prohibits evictions by force. The Forcible Entry and Detainer Act (“Eviction Law”) is the applicable law governing the landlord and tenant eviction process. There is a two-prong process for evictions in Plano, Illinois.
The Illinois Forcible Entry and Detainer Act (sometimes called the “Illinois Eviction Act”) is a state law that sets forth the procedures for evicting tenants from rental properties in Illinois. The law applies to both residential and commercial properties and covers issues such as the reasons for which a landlord may evict a tenant, the required notices and court procedures, and the rights and responsibilities of both landlords and tenants during the eviction process. The Act is intended to provide a fair and orderly process for resolving disputes between landlords and tenants, and to protect the rights of both parties.
An eviction lawyer specializes in handling legal matters related to the eviction of tenants from rental properties. This can include drafting eviction notices, representing landlords in court, and advising landlords on their rights and responsibilities under the Illinois Eviction Act.
...
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.
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:
30-day Notice is a termination of month-to-month rent notice
...
This 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.
There are several reasons why property owners or landlords desire to evict a tenant. Here are several of the reasons:
Failure to pay rent as agreed
...
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.
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:
Five-Day Notice, which is designed for non-payment of rent
...
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/
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.
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.
...
Yes, tenants may be evicted in Illinois during the winter months. There are no weather restrictions in Illinois with respect to eviction proceedings in Illinois.
There are multiple reasons landlords in Illinois want to forcible evict tenants in the winter months. These reasons include the following:
Non-Payment of Rent
...
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.
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.
...
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.
To initiate the court case against the tenant, the landlord must file a Complaint and Summons with the court. The complaint sets forth the factual allegations as to why the landlord is entitled to possession of the property and/or money damages, if applicable. In conjunction with a complaint, the landlord must also file a Summons form. This form is what calls the tenant to court by listing the court date and time so the tenant is on notice that there is a pending action against them.
...
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.
...
What 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?
...
An 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.
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.
...Being a landlord can be extremely challenging at times. An eviction may be required when tenants do not pay or... READ MORE
This article is intended for landlords and property owners in Sugar Grove, Illinois. This article will discuss the eviction process... READ MORE
Landlord Evictions, LLC is a real estate law firm specializing in eviction actions for landlords, property owners, and real estate... READ MORE
2020 Calamos Court, Suite 200,
Naperville, IL 60563
The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.
I have read and understand the Disclaimer and Privacy Policy.
