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.
Complaint and Summons
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.
...