Batvia Eviction Lawyer: Landlord Eviction 101 in Kane County

 Posted on January 04, 2023 in Residential Landlord Evictions

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.

Being a landlord of a residential or commercial property is a laborious and time-consuming chore that is made more difficult when you have to deal with a tenant who owes you money or has broken other lease clauses. At some point, eviction becomes the only option.

The eviction process has become substantially more complicated since the Covid-19 outbreak first struck in early 2020, making it even more important to work with a knowledgeable eviction lawyer. The Forcible Entry and Detainer Process, also referred to as a "eviction," contains important information on the eviction procedures and laws in the State of Illinois.

THE PROCESS FOR EVICTION IN BATAVIA AND KANE COUNTY

Evicting a tenant is probably the last thing you want to do as a landlord. Procedures for eviction are rarely quick or simple. When a difficult tenant won't leave on their own, formal eviction processes are usually the last resort. Sometimes landlords are obliged to evict renters because they are not paying their rent, causing damage to their property, or committing crimes. In these situations, having an attorney on your side who has experience in eviction issues may be quite helpful. There are legitimate reasons for evicting a tenant, and the courts usually support them, despite the extensive legal protections that Illinois tenants enjoy.

The eviction processes in Batavia and the adjacent parts of Kane County are usually known to landlords. When a residential eviction is required, Illinois state law prohibits landlords from locking out tenants, turning off the heat and water, or conducting self-help evictions. Residents in Kane County who are being evicted from their houses receive assistance from the Landlord Evictions, LLC. Our eviction lawyers are able to assist with the proper processes thanks to their years of experience.

BEGINNING THE EVICTION PROCESS IN BATAVIA AND KANE COUNTY

Residential landlords who must start the eviction process in Batavia and other Kane County locations must carefully adhere to the guidelines listed below. To prevent unneeded delays in the Kane County eviction process, Landlord Evictions, LLC carefully comprehends and complies with local and state standards. The landlord eviction process in the areas of Batavia and Kane County is largely divided into three steps:

1. Eviction Notices in Batavia and Kane County

The required eviction notices that apply to the tenant circumstances are laid forth in the Illinois Forcible Entry and Detainer Statute. In the Kane County regions, there are normally three different sorts of eviction notices:

• 5 days’ notice: A 5-day notice informs the renter of the amount of rent owing and serves as an eviction notice. If the rent is not paid on time or is paid slowly, a 5-day notice is required. It is crucial that the 5-day notice is sent. Inappropriate service techniques include sending the tenant an email or posting a 5-day notice on the renter's door. The precise procedures that must be followed in order to deliver an eviction notice are laid forth in the Forcible Entry and Detainer Statute.

• 10 days' notice:  When a signed lease has a specific clause that refers to 10 days' notice and this clause is broken, a 10-day notice of eviction is given. A 10-day warning is frequently provided when a signed residential lease is broken. The 10-day notice's main goal is to give the renter 10 days before the eviction procedure may start.

• 30 days' notice: The rental tenancy ends when the 30-day notice is received. There are essentially two reasons why a rental agreement might be terminated. In the case of an oral lease, a 30-day notice is necessary before the landlord-tenant eviction procedure may start. A tenant with a written lease who has continued to pay their rent after the term has expired is an example of the second kind.

To remove unnecessary complication from the eviction process in Batavia and Kane County, we at the Landlord Evictions, LLC diligently review and adhere to local and state standards. For you, our team of knowledgeable attorneys and support staff reviews, assists with, and generates 5-day, 10-day, and 30-day notices.

2. Service of Notices in in Batavia and Kane County

As per the provision regarding ‘Service of Notices’ in Section 9-211 of the Forcible Entry and Detainer Act in Illinois:

“Sec. 9-211. Service of demand or notice. Any demand may be made or notice served by delivering a written or printed, or partly written and printed, copy thereof to the tenant, or by leaving the same with some person of the age of 13 years or upwards, residing on or in possession of the premises; or by sending a copy of the notice to the tenant by certified or registered mail, with a returned receipt from the addressee; and in case no one is in the actual possession of the premises, then by posting the same on the premises.”

In Batavia and other Kane County areas, there are basically 3 major methods for serving legal papers with notice windows of 5, 10, or 30 days.

1. Personal service is the earliest and most effective kind of assistance. The tangible copy of the eviction notice is given to the renter or another adult occupier of the property who is older than 13. 

2. Sending a certified mail copy of the eviction notice is the second way to serve legal papers. Since the renter must sign for the certified postal notification, this tactic has flaws. Given that many renters choose not to pick up certified mail, this might be challenging. The certified postal notice cannot be validly served if it is not signed. Consequently, serving the eviction notice might not be suitable.

3. Registered mail with a return receipt is the third option. The restrictions that apply to mailing the eviction notice by certified mail still apply to this. The certified mail cannot be picked up by the renters directly, and they cannot choose to sign for it.

A licenced professional with such power is referred to as a private process server in Illinois. However, a qualified process server is not required to deliver the original eviction documents. Anyone above the age of 18 is allowed to serve the renter with an eviction notice. For the landlord or its representative, such as a private process server, to be judged to have properly served the notice, the eviction notice must be physically given to the tenant, or at the very least tried to be delivered.

The fact that serving an LLC or company is handled differently from serving a person must always be kept in mind. The Landlord or an agent acting on its behalf must be the Registered Agent of the company or LLC in the State of Illinois. A company or LLC must select a registered agent who will get legal notices on their behalf.

Therefore, the most efficient method of serving the eviction notice to the tenant is through hand delivery. The eviction notice is pointless to put on the door. Legal notices, including eviction notices, should not be delivered through email or text message. Only when a rental flat is vacant may a notice of eviction be displayed on the door.

3. Filing a Complaint in Batavia and Kane County

The filing of a complaint in forcible entry and detainer, sometimes referred to as a "eviction lawsuit," is the third stage in the eviction procedure. A complaint is essentially a written lawsuit asking the Kane County courts to provide relief. The nature of the eviction issue, the terms of the relevant rental agreement, and the manner and timing of how and when the landlord (or its agent) served the necessary eviction papers on the tenants and other residents are all described in an official document known as a complaint.

A formal demand for compensation and/or an order giving possession of the rental property unit are included in a court complaint for forced entrance and detainer. Rent that is still owed beyond the move-out date; late fines, if applicable; court costs and fees for sending court documents; and reasonable legal costs, if permitted under the signed residential lease, are typically included in a complaint for forced admission and detention.

Because of its experience with the eviction procedure in Batavia and the surrounding Kane County communities, Landlord Evictions, LLC frequently finds ways to collect legal fees, court charges, unpaid rent, and late fees for you.

An order of possession from the court gives the renter a window of time to leave the property before the landlord steps in. It's important to keep in mind that the Kane County Court typically permits a maximum 14-day possession stay beginning with the initial court appearance. By delaying the order of possession, it is inferred that the landlord won't be able to take possession of the property for some time.

Anywhere in Batavia and the neighbouring Kane County, if a tenant stays longer than the period permitted by the court, the landlord or their representative may start the process of a forcible eviction.

CONTACT A QUALIFIED EVICTION ATTORNEY IN KANE COUNTY

On behalf of landlords, The Landlord Evictions, LLC conducts evictions quickly and successfully. Only for landlords, our attorneys are experienced and skilled in conducting landlord evictions. We do business at the Kane County Circuit Court, 26th Judicial Circuit. Regular landlords find evictions more difficult since they must be filed online. The necessary paperwork is hard to complete, and errors are costly. The experienced landlord eviction lawyers at Landlord Evictions, LLC serve Batavia and surrounding areas in Kane County. 

The services offered by Landlord Evictions, LLC to landlords or their representatives include the drafting, issuance, and filing of eviction notices as well as the preparation, submission, and filing of eviction actions. You can reach our legal team right away by calling 630-780-1034 or using our online contact form as well.