Bolingbrook Commercial Eviction Attorney: Will County Commercial Eviction Process

 Posted on January 03, 2023 in Residential Landlord Evictions

This manual is designed to help owners of commercial rental properties in Bolingbrook, Illinois, a city in the Will County of Illinois. The eviction process has become much more complicated since the COVID-19 outbreak, making it increasingly important to retain the services of an experienced eviction lawyer. The Forcible Entry and Detainer Process, sometimes referred to as an "eviction," offers vital details on the eviction procedures and legislation in the State of Illinois.

Any type of business owner is vulnerable to declining sales and financial issues. Unfortunately, the landlord can be put in a tricky situation if this happens. On the one hand, commercial property owners could be willing to wait out a slow period for a delinquent business renter since they are aware that maintaining an existing tenant is often easier than finding a new one.

On the other hand, the delayed payments may have lowered the investor's earnings to the point that they are now at risk of experiencing their own financial problems. For this reason, it is essential for investors to understand the eviction process for a business tenant who is overdue on their rent and to carefully consider their options before moving forward with the action.

FACTORS TO CONSIDER BEFORE EVICTING A COMMERCIAL TENANT IN BOLINGBROOK AND WILL COUNTY

Although you alone must finally determine if eviction is the best course of action in any circumstance, there are a few factors you may want to consider before starting the eviction process. These may consist of the:

1. rental and payment history of the tenant.

2. lease's duration with the tenant.

3. duration of the tenancy at the moment.

4. cost of any necessary maintenance or upgrades.

5. local economy, especially in regions suffering from a recession or a seasonal lag.

6. the period during which, in the event of an eviction, the property may be vacant.

7. potential tenant pool, in the event that eviction occurs, and the tenant's business type. For example: if it is a seasonal company, it may recover in the next quarter.

Whatever course of action you select, there are several things you should do to lessen the likelihood of monetary loss and future problems. Primarily, you should consult with and look for assistance from a seasoned Bolingbrook, Illinois, business eviction lawyer. The eviction processes in Bolingbrook and the adjacent areas of Will County are usually known to landlords. According to Illinois state law, landlords are not permitted to lock out tenants or conduct self-help evictions when a commercial eviction is required.

The Landlord Evictions, LLC aids with the Will County commercial eviction procedure in Bolingbrook and surrounding regions. With years of expertise, our eviction lawyers can help with the right steps.

BEGINNING THE COMMERCIAL EVICTION PROCESS IN BOLINGBROOK AND WILL COUNTY

Renters in business spaces must be evicted in a unique way than those in homes. First off, the procedure is more difficult. Second, the process may vary according on the type of business using the facility. Finally, you face the risk of incurring a sizeable loss in financial resources as well as potential reputational injury if you make a mistake during the commercial tenancy eviction process.

Because there are considerable dangers and complex legal processes involved, commercial landlords are advised to consult an attorney before taking any form of action against a non-compliant commercial tenant. This helps the investor make decisions primarily on business needs rather than any potential emotional relationships, which helps reduce the likelihood of making a mistake.

The Landlord Evictions, LLC helps with the Will County commercial eviction procedure in Bolingbrook and surrounding regions. With years of expertise, our eviction lawyers can help with the right steps.

EVICTION NOTICES IN BOLINGBROOK AND WILL COUNTY

The eviction notices and its delivery to the renter mark the start of the eviction procedure in Bolingbrook and neighboring areas of Will County. In this process, four primary categories of eviction notices exist. 

The most typical kind of eviction notice is a 5-Day Notice, which serves to warn the tenant that they have five days to pay the rent or face the eviction procedure. A 30-Day Notice is a termination of month-to-month rent notice. When renters have broken the terms of the rental agreement, a 10-day Notice is used as a sort of eviction notice. A 7-day Notice is used when a tenant is on a weekly or seven-day rental term. To end the weekly renting arrangement, the landlord need just provide the renter a 7-day notice.

A crucial element in the eviction process is the way the process is served. A person can get significant legal documents by being served with them. The idea behind the service is that individuals should have the right to know when there is a problem so they can fix it. Who is legally permitted to serve eviction notices and who is qualified to receive them form the second pillar of the service procedure.

In Illinois, a licensed professional with this authority is known as a private process server. The first eviction document does not need to be served by a licensed private process server. Anyone who is at least 18 years old can give a renter a notice of eviction. The landlord or its representative, such as a private process server, must physically deliver or at least try to deliver the eviction notice to the tenant for it to be legally served.

Any authorized person who is 13 years of age or older may get services from the landlord or the landlord's agent. If a tenant is over the age of thirteen, the landlord or its representative may serve them with a notice of tenancy. There is a lot of uncertainty about what constitutes proper serving of an eviction notice in the realm of process service. The eviction complaint must be served by a local sheriff's deputy or a certified private process server in the county where the lawsuit is filed, unlike the eviction notice.

SERVICE ON COMMERCIAL ENTITIES

Service on a business or LLC is managed differently from service on a person. The registered agent for the company or LLC in the State of Illinois shall be the Landlord or its agent. A person or organization designated by a company or LLC to receive notice of legal actions is known as a registered agent.

Delivery through registered or certified mail with a signature request constitutes the second way of service. Simply defined, this implies that the landlord or its representative must send the tenant an eviction notices through certified mail or registered mail. The renter must sign the letter that is enclosed with the certified mail notice or registered mail. The service procedure is useless if the tenant refuses to sign the certified mail notice or pick up the certified mail notice.

A private process server is the most efficient way to deliver an eviction notice in Bolingbrook and the surrounding regions of Will County. A private process server will make up to five tries, or this many, to serve the tenant. The private process server's job is to effectively serve the tenants with the eviction notice. Another crucial step is for the private process server to create an affidavit of service outlining how they delivered the eviction notice to the tenants and who received it, including their name, age range, and time and date of delivery.

FILING A COMPLAINT IN BOLINGBROOK WITH AN EVICTION ATTORNEY: WILL COUNTY EVICTIONS

In Bolingbrook and the neighboring regions of Will County, the Landlord Evictions, LLC supports landlords, rental property owners, and their agents with the eviction process. The landlord has the right to file a complaint against the renter to evict the tenants after the period specified in the eviction notice has passed. The creation of a complaint marks the official commencement of the eviction procedure. The nature of the eviction issue, the relevant conditions of the rental agreement, and the manner and timing of the landlord's or its agent's service of the proper eviction notices on the renters and other occupants are all described in the complaint, which is a legal document.

The following prayers for relief will be included in the eviction complaint filed in Bolingbrook and Will County: 

• the right to enter a judgment against the Defendant Tenants for a certain number of damages, including past-due rent, late fees, reasonable legal expenses, and court costs. 

• and the transfer of ownership of the property back to its original owner.

A landlord may only file a possession lawsuit in Will County. When the landlord is merely asking for possession of the property, this is relief. Because a possession-only claim does not include a demand for rental damages, possession-only evictions can cost less to file in Will County. One of the most common eviction scenarios that call for possession-only orders are cases of foreclosure. A foreclosure case occurs when "unknown tenants" inhabit the apartment or home and there was no written lease between the landlord and the tenant. This might happen in the event of an eviction of a friend or member of the family when no agreed-upon rent was paid. In a foreclosure case, a landlord who bought the property at an auction may be involved.

A situation where the landlord believes the renter is not creditworthy and wants to avoid incurring more court fees or an eviction involving a squatter, where someone or a group is occupying the property illegally are alternate scenarios.

The conditions mentioned above are instances of why submitting a possession-only complaint may be appropriate. The second and most typical kind of eviction complaint includes a demand for monetary compensation and the restoration of the property i.e., possession. A claim for rental damages asks for compensation up until the date of ownership.

The time frame that a Will County Judge will provide the tenant to lawfully remain at the rental premises without departing and giving the property back to the landlord is known as the date of possession or order of possession. If properly pled, the landlord may lawfully move the eviction court order to the Will County Sheriff's Office for the forcible eviction of the renters and unknown occupants after the order of possession expires or the allotted period.

CONTACT AN COMMERCIAL EVICTION ATTORNEY FOR BOLINGBROOK AND WILL COUNTY

Contact Landlord Evictions, LLC for professional guidance and assistance when dealing with non-paying commercial renters. Our commercial eviction attorneys in Bolingbrook and Will County, who are among the most well-known real estate lawyers in the state, can protect your business's interests during the whole procedure. Call 630-780-1034 to speak with a member of our legal team right away.