Bolingbrook Landlord Eviction Process in Will County

 Posted on December 05, 2022 in Residential Landlord Evictions

This article is designed to assist landlords and property owners who have a residential rental property in Bolingbrook and Will County. The eviction process in Illinois is also called the "forcible entry and detainer process". See 735 ILCS 5/9-101. The purpose of having an eviction statute is to govern the eviction process peacefully for landlords and tenants. The forcible entry and detainer act in Illinois prohibits landlords or property owners from evicting tenants without following a specified process.

WILL COUNTY LANDLORD EVICTION ATTORNEYS

The first step in the eviction process for landlords and property owners in Bolingbrook is to give an eviction notice. There are four major types of eviction notices for evictions. Here are the following eviction types:

• Five-Day Notice, which is designed for non-payment of rent

• Ten-Day Notice is to provide tenants notice that they are in non-compliance with the residential lease agreement

• Seven-Day Notice is the period to terminate a week-by-week rental term

• Thirty-Day Notice is the type of notice to terminate the monthly rental tenancy

Service of Process Methods in Bolingbrook, Illinois

There are two primary methods of service process in Will County (Bolingbrook, Illinois). The first method is delivery by certified mail or registered mail. This method of delivering the service of the process requires the landlord to mail the appropriate eviction notice(s) by certified mail or registered mail to the tenant(s). This method of service requires that the tenant sign the certified mail or registered mail slip. Service of process is ineffective if the tenant fails to sign the certified mail (or registered mail slip). 

The second type of service process is personal service. Personal service is delivering the eviction notice(s) by handing the tenant the eviction notice. The landlord or its' agent such as a private process server may hand a copy of the notice to any named tenant (or household member). The household member must be a person that resides at the property and is over 13 years of age. The area of personal service has a lot of grey areas whether service has been properly made.

Filing of an Eviction Complaint in Bolingbrook and Will County (Illinois)

After the expiration period has expired on the eviction notice, the next step is filing an eviction complaint in the Circuit Court of the Twelfth Judicial Circuit or otherwise known as "Will County Courthouse." A complaint is a legal document that describes the basic facts such as whether there was a residential lease entered into and the amount of the money rent and the period of the lease. In many instances, the tenant will not have a written lease, or they may have overstayed the period allowed by the written lease. The tenant(s) is automatically considered to be renting on a month-to-month basis when the written lease has expired or is otherwise called a "holdover tenant".

The eviction complaint will contain the prayers of relief such as the following:

• The specified money damages due to the landlord by the tenant's failure to pay the monthly rent as agreed

• Return of the property to the landlord because the tenant is unlawfully withholding possession of the property

CONTACT A BOLINGBROOK LANDLORD EVICTION ATTORNEY IN WILL COUNTY

Landlord Evictions, LLC specializes in landlord evictions meaning that we only accept property owners and landlords as clients. We never represent tenants in eviction matters. We assist landlords in swiftly and cost-effectively evicting tenants for non-payment of rent; terminate month-to-month rental tenancies; and represent the interests of landlords near Bolingbrook and Romeoville, Will County. Landlords can call us, and we will answer your questions and concerns. Landlords can do everything over the phone and no office appointments are necessary. In most cases, landlords will not have to take time off work and the attorneys and staff at Landlord Evictions, LLC will represent your interests in court. Call us today at 630-780-1034 or via the online contact form.