AGREED EVICTION COURT ORDERS IN ILLINOIS

 Posted on November 28,2022 in Residential Landlord Evictions

Can you evict tenants in Illinois on or after November 21, 2022

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/

How Do You Start an Eviction in Illinois?

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.

Illinois Eviction Agreed Court Orders in Eviction Cases

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.

Illinois Eviction Time (before Court)

Step One Preparation and Delivery of Eviction Notice(s)

• 5-day Notice

• 7-Day Notice

• 10-day Notice

• 30-day Notice

• 90-Day Notice

Step Two Filing of Eviction Case

• Eviction Complaint filed with residential lease (if applicable), which describes the type of relief sought such as monetary money damages and possession of the property address (back from the tenants)

• Summons, which is delivered to all the Defendants handing them a copy of the eviction complaint, which describes the alleged money damages due, the relief sought (possession of the premises back) and exhibits and evidence to back-up the landlord’s claim

• The summons is required to be delivered before the Illinois court has jurisdiction over the Defendants (tenants and unknown occupants)

First Court Date of an Eviction Case in Illinois

The purpose of the first court date in an eviction case serves three primary purposes:

• To make sure that the Illinois court has proper jurisdiction over the Defendant Tenants

• To determine whether mediation, rental relief and/or the matter can be resolved without a trial

• To come back for additional court dates if the Defendant tenants have not been served or whether the tenant is purposely evading service of the process server.

For this article, we will assume that the tenants have been served the complaint and summons in the residential eviction court case. In Illinois, the Defendant Tenants come to court and generally, do one of the three following things:

• Ask for mediation (or the court may suggest mediation between the landlord and tenant)

• Ask for Illinois rental assistance (and seek additional time for this to become a reality); and/or

• Enter an Agreed Court Order with the Plaintiff (or its’ attorney)

• Seek a trial date

In the event of mediation, rental assistance, and/or a trial date, the court may set a new court date to allow the parties time to settle the case, seek rental assistance, and/or come back for a trial. In many instances, an agreed order is entered at some point. This article describes the different types of orders in eviction cases:

• Agreed Dismissal Order

• Agreed Settlement Order with Status Date (Defendants will pay and stay); or

• Agreed Settlement Order with Status Date (Defendants will move)

Agreed Dismissal Order

Agreed Dismissal Order has the purpose of settling the eviction case and having an enforceable court order that may be enforced by the parties or the Judge in the Illinois eviction case. Generally, two outcomes are present for the landlord. 

The first outcome is the tenant will pay the back-owed rent and agree to pay the monthly rent consistent with the Agreed Dismissal Order. In return, the landlord will dismiss the eviction case and get paid. The role of the eviction attorney is to apply these different outcomes in a manner that is in the best interest of the landlord. The back-owed rent may be paid by the Illinois Housing Development Authority (or the government) and future rent will be paid by the tenant (or government for up to three months of future rent). In return, the landlord will agree to dismiss the case against the tenants without prejudice (or with prejudice) when the terms have been complied with. 

The second outcome is a move-out by the Defendant tenants by a certain date and time including the following:

• Return of the Keys to the Plaintiff by a certain date and time

• Notification of the move-out by the Defendant to the Plaintiff (or its’ attorney)

Effective legal counsel is critical to effectuate a good outcome in an Illinois eviction case. The landlord and tenant often have a non-trusting relationship and neither party effectively communicates with the other party. One of the roles of the eviction attorney is to openly communicate and listen to the concerns of the landlord and tenant. In many instances, the eviction landlord attorney will find a way for the Defendant Tenants to repay (or pay the entire (or partial) legal fees of the attorney. Therefore, the landlord attorney seeks to get their legal fees paid (or reimbursed) or partially paid. This is not always the outcome, but in many instances, this result occurs.

The Agreed Dismissal Order above achieves three possible outcomes:

• Dismisses the eviction case. 

• Allows the Defendant to pay rent and stay in the rental premises.

• The Defendants agree to a specified move out date and time.

Compliance Date

A compliance date in an Illinois eviction case is a follow-up court date to check on the status of whether the parties have done what they promised to do. The parties often will continue the eviction case to a future court date to see whether the promises entered in the Agreed Order by the landlord and tenant(s) were honored. If the terms of the Agreed Order have been met, then the eviction case will either be dismissed with or without prejudice. With prejudice, means that the eviction case is resolved, and the case is dismissed and may further proceedings be prohibited. Without prejudice, means that a Plaintiff may seek additional relief (if they desire) such as collect on unpaid rent. In many agreed order cases, unpaid rent will be dismissed without prejudice. The purpose of dismissing the rent claim is to eliminate an obstacle for the tenant vacating the rental premises. When a rent claim has been dismissed without prejudice, the landlord or its’ agent may seek future actions against the tenant for unpaid rent. The purpose of dismissing the rent relief claim is to motivate the tenant(s) to move out without objection quickly. Simply put, the timely possession of the premises allows the landlord to sell the property or re-rent the property to another qualified tenant. 

Eviction Order

A benefit of an Agreed Order in Eviction case is non-compliance by the tenant(s) often result in an immediate Eviction Order. An Eviction Order in Illinois is a lawful court order to forcibly remove the tenant from possession of the rental premises and restore the premises to the Illinois landlord.

Generally, an Eviction Order occurs in one of four instances:

• By default (which means the Defendants were not in court or did not file an appearance by the trial date as required in the court order)

• After contested hearing or trial 

• After compliance hearing and the Defendants failed to comply with the previous Agreed Order requiring them to do certain things under the Agreed Order

• By agreement of the parties (and the court made no factual findings) which means that the Defendant(s) and Plaintiff’ attorney (or Plaintiff) entered into an agreement to move out by a specified date and time.

Stay Order of Possession

Generally, the Illinois court will stay the enforcement of an Eviction Order for a period to allow the Defendants to move out. Generally, this time ranges from 14 days to months depending on the facts and circumstances of the case and the Defendant(s).

An eviction stay order may appear on a tenant’s record, which may hurt their attempt to move out and find another suitable apartment (or house) (or other property). Property managers and landlords often do a background check (or ask questions on a tenant application) whether they have been subject to eviction proceedings previously. 

This is an important question because unqualified tenants have a poor track record and have a higher risk of the landlord having to hire an eviction lawyer to begin eviction proceedings. Furthermore, residential tenants with eviction experience are more difficult to evict due to their experience with the Illinois eviction process (and court process).

Eviction proceedings and hiring a landlord eviction attorney costs the landlord money in paying an Illinois Eviction Attorney as well as lost rental income (and increased likelihood of property damage done by the tenants).

Experienced and Reputable Illinois Eviction Attorney

When hiring an Illinois eviction attorney, Landlord Evictions, LLC is an experienced and reputable law firm exclusively representing the interests of landlords, property managers, and/or real estate investors. We work hard to represent the best interests of landlords and property owners. When you want to save money and headaches, call us at 630-780-1034 (or via online court form). We will give you peace of mind and swiftly evict unwanted residential tenants.

Illinois landlords should know the following:

• Phone calls are encouraged to learn about the court process and whether we are a good fit

• No office visits are required to enter into an attorney-client agreement

• Engagement letters are signed via DocuSign

• Initial Legal Fees and Costs are paid electronically either via credit card or bank transfer without the need for the landlord to come into our offices (do this from the comfort of your home)

• Your attendance at court dates is not required unless a trial occurs, or you are ordered by the court (which is unusual).

Landlord Evictions, LLC serves landlords, property owners, and/or real estate investors (and property managers) in the following counties:

• DuPage County

• Kendall County

• Kane County

• Will County

• LaSalle County

• Grundy County

• DeKalb County

• Livingston County

• Kankakee County

• Suburban Cook County Only

Call Landlord Evictions, LLC today at 630-780-1034 or via the online contact form.