Geneva Landlord Eviction Attorneys

Kane County Landlord Eviction Attorney for Real Estate Investors and Property Owners

Landlord Evictions, LLC is a boutique law firm that assists with forcible entry and detainer eviction actions exclusively on behalf of landlords, real estate investors, and property owners. We focus on Kane County eviction matters, and we represent property owners with rental properties in Geneva, Batavia, North Aurora, Elburn, Montgomery, Aurora, Sugar Grove, and surrounding areas.

Lawyers for Rental Property Evictions in Geneva, St. Charles, and Sugar Grove in Kane County, Illinois

Rental property evictions are complex in Kane County, because the Kane County Courthouse hears evictions two days a week and has an unusual eviction court call. This eviction court call is friendly to tenants and demands a law firm that understands the unique complexities that affect landlords in Geneva and Kane County, Illinois.

Unlike most court jurisdictions, the Kane County Court process gives tenants 28 days to file responsive pleadings. Moreover, any part of an eviction proceeding may ask for mediation, which is mandatory for the parties. Mediation has the goal of resolving the residential eviction dispute prior to trial.

Mediation in Kane County, Illinois

Mediation is required pursuant to Local Court Rule 9A. The purpose of mediation is to aid judicial efficiency and protect families from homelessness in Kane County. The primary goal of the mediation program is to aid the parties in finding mutually beneficial alternatives to litigation. In our experience, mediation results in most matters being resolved prior to trial. However, landlords and property owners are disadvantaged in the Kane County system when compared to proceedings in nearby counties. Navigating the court system in Kane County requires experienced legal counsel. The Kane County system requires multiple e-filings and court filings, which can be duly burdensome for a solo attorney (without staff).

Court After the 28-Day Initial Period

After the 28-day period (from the initial court date), the parties go back to court on a Thursday and set the matter for trial if they have not been successful in resolving their matter.

In the alternative, if the tenant(s) fails to file an appearance and an answer or otherwise file other pleadings, they may face a default judgment. If the tenant(s) fails to file an answer and/or responsive pleadings, then the court will give them another opportunity at the second court date to file the answer and/or responsive pleadings.

After a period, the Plaintiff may seek a default judgment. Therefore, the Kane County process will be prolonged in the case of a default situation. A default situation will result in a minimum of a 50-day period to obtain a default judgment (otherwise known as an order of possession). In most jurisdictions, a default judgment is entered against a tenant(s) who fails to show up for court at the initial court hearing.

Eviction Paperwork Required for Kane County, Geneva, and Elburn Evictions

There are three primary eviction notices for residential eviction cases. The first eviction notice is called a 5-day notice. The 5-day notice is the most common eviction notice, and it requires the tenants to pay any amounts owed within five days of receipt of the actual notice.

The second major type of notice is a 30-day notice. The 30-day notice gives the tenant notice that the landlord is terminating a month-to-month rental contract. In most cases, landlords and property owners allow a tenant or tenants to holdover after a written lease expires. The technical term for this is a holdover tenant.

A holdover tenant is a person who is renting the premises on an expired lease or has stayed beyond the expiration date of the lease. If the landlord does not formally give a 30-day notice in the correct manner and at the correct time prior to the expiration of a written lease, then the tenants can legally remain beyond the expiration date of the written lease. The rental agreement will become a month-to-month rental agreement under the same terms as before. After a period of sixty (60) days beyond the expiration of the rental lease, the tenant(s) will be considered a "holdover tenant".

Delivery of a 30-day notice is also required in cases where a friend or family member was staying in a property for free (or without a specific written lease). An oral lease is presumed to be on a month-to-month basis, and a 30-day notice is required to discontinue the oral lease. The tenant must be given a 30-day notice, and an eviction action cannot be commenced until the expiration period of the 30-day notice.

The purpose of the 30-day notice is to give the tenant(s) sufficient time to move. In our experience, a landlord should give a tenant more than 30 days to move (if practical) unless they have a reason to evict the tenant. The reason for the additional time is that 30-days is insufficient in our experience for a tenant to voluntarily move. Perhaps a better way to phrase it is that the tenant feels that 30 days is insufficient planning time for them to move.

Tenants with families (particularly young children) will be resistant to move in such a quick manner. During this period, the tenant(s) must continue to pay the rent. In our experience, the tenants will often stop paying rent and rely on security deposit retainers. Relying on security deposit retainers is against the written lease, and this provides the landlord with grounds for giving a 5-day notice. The goal of Landlord Evictions, LLC is to process timely evictions. Timely evictions often are enhanced when the tenants feel that it is in their best interest to move expeditiously. Often, landlords fail to grasp the practical constraints that affect their tenants. An independent lawyer can gain the trust of tenants and get results that the landlord often cannot get on their own.

Service of Process Methods for Service of Eviction Notices

Service of process is the method of delivery of eviction notices authorized by the Forcible Entry and Detainer Act. There are two primary methods to deliver eviction notices such as the 5-day, 10-day, and 30-day eviction notices. The first method is via certified mail with return receipt (signature required). Certified mail is ineffective if the tenant fails to sign the certified mail slip.

The second method of service of process is by hand delivery (otherwise known as "personal delivery"). The landlord or their agent may hand deliver the eviction notice. An example of an agent is an independent third party such as a private process server, a person over 18 years of age (such as a friend or family member of the landlord), or a realtor or property management company.

Rental property owners may fail to understand the proper method to serve tenants. Landlords often post the notice on the door or give notice via text message or email. These methods are ineffective methods of service of process. The court in Kane County will not recognize these methods of service of process. Consequently, the landlord or property owner will lose their case and lose valuable time to evict their tenant(s).

Effective and Experienced Rental Property Eviction Attorney in Geneva, St. Charles, and Elburn in Kane County, Illinois

Landlord Evictions, LLC is owned by Landlord Evictions, LLC, which is a real estate law firm. Landlord Evictions, LLC provides cost-effective, timely, and experienced legal representation in the areas of Geneva, Elburn, St. Charles, Sugar Grove, North Aurora, Batavia, and surrounding areas of Kane County.

Unlike most law firms, we provide a full-service shop for landlords. We offer the following legal services for rental property owners and landlords:

• Real Estate Closings: Purchase, Sale, and Investment Properties, including For Sale by Owner Transactions and Installment Sales (Articles of Agreement)
• Estate Planning and Trust Planning
• Real Estate Asset Protection and Wealth Preservation Planning
• Real Estate Legacy Planning, which is the coordination of estate planning and asset protection goals for real estate investors and property owners
• Forcible Entry and Detainer Actions and Eviction Actions in Kane County and surrounding counties
• Business Formation Services such as Limited Liability Company Formations (or otherwise known as "LLCs") and Series LLCs for Rental Property Ownership

Call Our Rental Property Eviction and Landlord Attorneys Today

Landlord Evictions, LLC is eager to assist property owners, rental property managers, and investors. Our law firm's team is experienced and comprised of young to experienced attorneys and support staff. Our real estate staff has over 50 years of title insurance background. This real estate experience is important, because it gives us an enhanced ability to handle real estate closings swiftly and professionally. Our principal partner has over 18 years of legal experience in the areas of real estate, real estate evictions, estate planning, business formation, and asset protection. Fill out an online contact form or call us at 630-780-1034.