Lisle Residential Eviction and Property Owner Attorneys

Landlord Attorneys Serving Lisle, Wheaton, Warrenville, and Surrounding Areas

Landlord Evictions, LLC exclusively represents landlords in residential and commercial evictions in DuPage County and the surrounding areas with respect to forcible entry and detainer actions (otherwise known as "landlord evictions"). It is important for landlords to understand the residential eviction process in DuPage County and surrounding areas of Lisle, Wheaton, Warrenville, and Glen Ellyn.

The DuPage County Circuit Court Residential Eviction Process

In our experience, residential landlords may pursue evictions in the following situations:

• Non-payment of rent
• Holdover tenants for whom a landlord wishes to terminate month-to-month rental tenancy
• Excessive damages to the property
• Family member tenants who have exceeded their welcome
• Nuisances

Non-Payment of Rent (5-Day Notice)

The 5-day notice is an eviction notice due to non-payment of rent. The 5-day notice grants the tenant a grace period of five days to pay their unpaid balance or face the prospect of a residential eviction. After the grace period, the landlord or property owner has the right to terminate the written or oral lease.

Termination of Month-to-Month Rental Tenancy (30-Day Notice)

The 30-day notice gives the tenant a written notification that a month-to-month rental tenancy is being canceled. The 30-day notice terminates the month-to-month rental tenancy or gives the tenant notice that the landlord is not renewing the written lease. As an example, a 30-day notice may be provided in cases where a tenant is exceedingly late with their rent and the landlord desires to terminate the rental contract at the expiration of the lease.

In the alternative, a tenant may have remained in the premises after a written lease has expired, and they may have continued to pay rent on a month-to-month basis. A 30-day notice will be required in these situations. An exception to the 30-day notice requirement may apply if a lease requires a different time frame for notice (such as 60-days), or the landlord wants to be generous and give the tenant more than 60 days to move. The key point is the time provided by the notice must be at least 30 days.

Lease Violation of the Terms of the Written Lease (10-Day Notice)

A 10-day notice is an eviction notice that informs the tenant that they have violated the terms of the written lease agreement. Examples of situations where a 10-day notice may be used include:

• A tenant gets a pet when the lease states that pets are not allowed
• Excessive property damage or nuisances
• Illegal drug use
• Homeowner's association violations

The 10-day notice gives the tenant 10 days to cure the breach or 10 days to move out of the rental premises. The date of the notice begins after the tenant has been served the written 10-day notice in a manner consistent with Illinois state law.

Effective Methods of Service of Process in Residential Evictions in DuPage County and Surrounding Areas

Illinois law requires a process to inform tenants of an impending eviction, give them the opportunity to cure the default, or allow them appropriate time to vacate the premises. The purpose behind this rule is to give tenants rights and provide them with sufficient time to move while also protecting the residential landlord's rights. There are two ways in which residential eviction notices may be served to tenants.

Personal Service

The first method of service of process is personal service. Personal service involves handing the tenant the eviction notice in person. In summary, personal service provides the defendant (or a member of their household who is at least 13 years old) with the actual eviction notice. The eviction notice informs the tenant of any pending legal action that may be necessary if they are non-compliant.

Personal service may be done by the landlord, their agent (or realtor or property manager), or a private process server licensed to serve tenants with an eviction notice in person. Generally, a private process server will make up to five attempts to serve an eviction notice without giving up.

Personal service requires hand delivery of an eviction notice, which is typically a 5-day, 10-day, or 30-day notice. Posting the notice on the door is insufficient service of process. Notice by oral delivery, text message, and/or email are insufficient means of personal service.

Certified Mail

Certified mail with a return receipt signature required is the second way to serve a tenant an eviction notice. Certified mail is ineffective if the tenant does not sign the certified mail slip. The tenant may refuse to sign for certified mail, or they may fail to pick up the certified mail notice. In either circumstance, the certified mail is ineffective and is not proper service of process.

Delivering of eviction notices is essential, because a forcible entry and detainer action (otherwise known as a residential eviction) may be lost or won based upon service of process. Landlord Evictions, LLC is experienced when it comes to serving eviction notices, and we have outside private process servers that help our clients with service of process.

Often, landlords find process servers to be convenient and cost-effective. Private process servers have the ability to understand the grey areas of law, and they will provide an affidavit of service, which is used to prove that the tenants were served the eviction notices in the correct manner under Illinois law. The area of residential evictions is rapidly changing, especially since the onset of COVID-19.

Removal of Unwanted Tenants by Landlords in Lisle, Wheaton, and DuPage County

The next step in the residential eviction process is filing of a complaint. A complaint is a legal document that describes the nature of the case, including the key facts detailing why the landlord deserves to regain control of the premises and/or receive compensation for rental damages for non-payment of rent (including late fees, unpaid utilities, and reasonable attorney's fees, if included in the written lease).

The Summons gives the tenant and unknown occupants actual notice of the pending eviction court proceedings, including the date, time, and location when a hearing will be held (or when a person may make a virtual court appearance via Zoom). Unlike the written eviction notice, the Summons must be served by a licensed professional under the Circuit Court of DuPage County, and this person may be a licensed private process server and/or Sheriff. A Summons must include either a mediation notice and/or rent relief under Illinois Supreme Court rule.

Proper delivery of the Summons is mandatory. An authorized court officer must provide an affidavit stating that they served the tenant, and the attorney's office must upload a copy of the proof of service with the court's office within at least three days prior to the court date. The Summons notifies the tenant of the pending allegations and gives them the ability to seek proper legal counsel. In today's environment, it should be assumed that Prairie State Legal Services will grant free legal assistance to tenants. Because of this, residential evictions have become more difficult post-COVID, and a landlord will need to work with an experienced residential evictions attorney to ensure that they can complete an eviction successfully.

At Landlord Evictions, LLC, our attorneys and staff are experienced in the residential eviction process. Unlike solo attorneys, we have sufficient staff to move a case forward cost-effectively and in a time-sensitive manner while meeting all legal requirements.

What Happens at the First Court Date in Lisle, Warrenville, Wheaton, and DuPage County?

The first court date is when mediation will be ordered, or the parties may enter into a written agreement or settlement of the case. The first order of business at the first court date is to see whether the court has jurisdiction over the tenants. Jurisdiction is required, because the court has no control over a tenant that has not been properly served the Summons and Complaint.

The second order of business is to determine whether the tenant agrees to the merits in the Complaint. The matter often will be set for mediation, trial, and/or another court date. In many cases, we are able to settle matters with tenants, although the ability to do so will depend on their willingness to work with us and reach agreements.

It is important to remember that tenants operate from a cost-benefit analysis, just as a landlord does. Therefore, the tenants will assess their options, which will be explained by Landlord Evictions, LLC (or Prairie State Legal Services), and an immediate settlement will be sought. However, cases do not always proceed in this manner, and residential evictions can be complex processes that depend on the specific facts and circumstances of a particular case (as well as possible defenses that may be raised by a tenant).

Residential Sales and Estate Planning Services

Landlord Evictions, LLC offers a discount of $500 on legal services for residential sales for landlords that hire us to handle an eviction case. For residential landlords, we offer repeat discounts on title insurance and/or attorney's fees for residential property owners who purchase and sell properties often. The team at Landlord Evictions, LLC has over 50 years of title insurance experience on our residential and commercial real estate team. Our employees have worked at title insurance companies, where they have handled hundreds of thousands of real estate transactions throughout the Chicagoland area, ranging from simple purchases and sales to the most complex transactions.

Title insurance experience for real estate attorneys is the gold standard for understanding the real estate closing process. We have an experienced and solid real estate team in addition to our eviction and estate planning team for landlords.

Landlord Evictions, LLC is a full-service shop for residential landlords, providing the following legal services:

• Residential Purchases and Sales
• Asset Protection and Business Structure Planning for Landlords
• Estate Planning tailored to Landlords and their Asset Protection Plans
• Setup of Limited Liability Companies (and Series LLCs).
• Residential and Commercial Landlord Evictions

Effective Residential Evictions for Landlords in Lisle, Wheaton, Warrenville, and Nearby Areas

In summary, Landlord Evictions, LLC focuses on representing landlords in residential and commercial evictions in DuPage County, which includes Lisle, Wheaton, Warrenville, Woodridge, Naperville, Glen Ellyn, Carol Stream, and surrounding areas. We provide high-quality legal services for landlords in a timely and cost-effective manner. Landlords can lose money due to delays, and Landlord Evictions, LLC helps avoid these losses by providing timely and professional service. Call us today at 630-780-1034 or fill out our online contact form.