Bolingbrook Commercial Eviction Lawyer

 Posted on January 03, 2023 in Commercial Landlord Evictions

This article discusses the Illinois Forcible Entry and Detainer Process for commercial evictions in Bolingbrook and Will County Circuit Court. Commercial evictions are generally done due to non-payment of rent or a material breach of contract. The commercial eviction process in Will County and Bolingbrook consists of three steps.

Will County Eviction Notices

The two major eviction notices are the five-day notice; the 30-day notice; and the 10-day notice for commercial evictions. The five-day notice is a notice where the tenant is alleged to failed to pay the full amount of their rent. The five (5) day notice gives the tenant five full days to pay their rent. If the commercial tenants fail to pay their rent after the five (5) day period, then landlord may file a lawsuit at the Will County Courthouse in downtown Joliet, Illinois. The 30-day notice is a type of eviction notice, which terminates the month-to-month rental lease. Often, a commercial tenant has a lease with an expiration date and neither party terminates the lease. In many instances, commercial landlords have attempted to verbally, through text message, and/or email a termination letter. These methods of informing the commercial tenant that the month-to-month rental tenancy is being terminated are ineffective. The ten-day notice is a notice that alleges that the commercial tenant has breached the terms of the written lease. The ten-day notice is a non-compliance with the material terms of the written contract eviction notice.

Service of Process Methods in Bolingbrook, Illinois

Service of process must occur in two permissible methods in Bolingbrook, Illinois. The first way to serve a commercial tenant an eviction notice is by personally handling the registered agent of a business a copy of the eviction notices. Serving the individual, the eviction notice may be ineffective in a commercial eviction. The proper person or entity to receive the legal paperwork is the registered agent. The registered agent may be found on the Illinois Secretary of State’s Website. The second manner to serve a commercial tenant in Bolingbrook, Illinois is through certified mail with return receipt requested. Certified mail has an option that the commercial tenant must sign the certified mail slip. Service of process is ineffective for certified mail unless the commercial tenant (or an employee over the age of 13) has signed the certified mail slip.

Commencing an Eviction in Bolingbrook and Will County

Filing an eviction complaint occurs through the e-filing system in Will County, Illinois. Court matters are filed online now and not at the local courthouse. The eviction complaint will allege reasons for the eviction such as the commercial tenant’s failure to pay rent timely. The eviction complaint should attach a copy of the written commercial lease; a copy of the eviction notice(s); and affidavit of service proving delivery of the eviction notice. 

To make a prima facie case in commercial evictions, the complaint must allege that the proper eviction notices and tenant was given to the tenant to rectify the situation. The second prong is the eviction notice was served properly as authorized by Illinois law. The third element is that the proper time has expired since the expiration of the eviction notice and the tenant is unlawfully withholding the commercial leased facilities from the landlord.

Contact a Bolingbrook Commercial Eviction Lawyer to Evict Your Commercial Tenant

Landlord Evictions, LLC is an eviction law firm that specializes in commercial evictions in Will County, Illinois. Our lawyers and support staff process evictions daily. Hire us and we will cost effectively and swiftly process your eviction matter. Call us today at 630-780-1034 or via online contact form.