Dupage County Eviction Process For Landlords

 Posted on September 30, 2022 in Landlord Eviction

Landlord Attorneys Serving Warrenville, Wheaton, and Glen Ellyn

Landlord Evictions, LLC represents landlords in disputes with their tenants. Our law firm exclusively represents the interests of real estate investors and landlords. Our law firm specializes in representing landlords in the areas of Lisle, Naperville, Warrenville, Glen Ellyn, Lombard, Wheaton, and the surrounding areas of DuPage County.

Causes of Evictions

Evictions or otherwise known as “forcible entry and detainer actions” are caused by the following issues:

• Unpaid rent or slow payment in rent

• Illegal Use of Property

• Lease Violations

• Terminate Written or Oral Lease (Month to Month Rental Tenancy)

The above reasons are the most common reasons for eviction proceedings. Non-payment of rent are addressed by 5-day notices. A 5-day notice is a type of written notice that gives a tenant actual notice of their entire unpaid rent. The 5-day notice requires full-payment of rent (the full amount of rent). Landlords may not accept partial payments of rent after the eviction notice expiration period (or they risk invalidating the eviction notice).

The landlord has the power to terminate the written lease (or oral lease) if the tenant fails to pay all the rent due within 5-days. The 5-day period is five days (and not 5 business days), and the five-day period includes the weekends. The 5-day notice is the written notice that gives the tenant actual notice that the full amount of rent is due. 

After the five-day period has expired, the landlord (or the landlord’s agent such as an attorney) may file an eviction complaint in DuPage County (or surrounding county). The five-day notice gives the tenant a five-day grace period to pay the entire rent due. Under the forcible entry and detainer act, the landlord must give the tenant’s five-days to pay the entire rent. After the expiration of the 5-day period, the landlord’s attorney may commence an eviction matter.

Thirty Day Notice

The 30-day notice is a notice that terminates the written lease (upon its’ expiration date) or terminates the month-to-month rental tenancy. Landlords often fail to give proper notice to inform tenants that they will not be continuing the rental contract after the written lease expires. The 30-day notice provides the tenant notice that they must find a new place to leave at the conclusion of the written lease. 

In the alternative, a 30-day notice may terminate an “oral” lease arrangement where a written lease never occurred (or the written lease expired) and the tenant(s) remained in the premises. Family members often rent their premises to friends and family and believe that the traditional eviction process is inapplicable to them. On the contrary, the eviction process applies to any tenant including non-paying family and friends (including significant others such as boyfriends or girlfriends).

Acceptable Manners of Service of Process of Eviction Notices

There are two acceptable methods for service of process of eviction notices in DuPage County. These two methods are personal service or certified mail. Personal services involve the use of the Sheriff’s Office, or a private process serve to serve the tenant the actual 5-day, 30-day notice, and/or 10-day notice (or combination of these eviction notices). 

Personal service may also be conducted by the landlord or their agent (such as an attorney or a friend or family member (over 18 years of age). Personal service means delivery of the actual eviction notice by handling the notice to the tenant(s). Personal service does not mean by posting the notice on the door or by cell phone (or text message) or email.

The second method of service is by certified mail. Certified mail with return receipt (signatures required) is the second method of service of process. Certified mail is unreliable because the tenant must sign the certified mail slip. If the tenant fails to sign the certified mail slip, service of process is ineffective. 

Service of process is important because eviction cases in DuPage County such as Glen Ellyn, Carol Stream, Lombard, West Chicago, Warrenville, Lisle, and surrounding areas of DuPage County. At Landlord Evictions, LLC, we assist landlords with the eviction notice process to filing an eviction complaint in DuPage County (or nearby Counties). 

An eviction complaint may not be commenced until the tenant(s) have failed to move out of the rental premises (after the grace period provided in the written eviction notices have expired) after the grace period has expired. 30-day notices have tricky timing periods and are major area of concern for landlords if done the wrong way.

Wheaton and DuPage County Residential Eviction Attorneys

In conclusion, the attorneys and staff at Landlord Evictions, LLC specializes in representing landlords in the forcible en and retainer process against tenants. Our law firm is unique because we specialize in representing landlords in the eviction process and with regards to their real estate legal needs such as the following:

• Forcible entry and detainer actions or otherwise known as “residential evictions” for landlords

• Real Estate Transactions including real estate closings for sellers and buyers

• 1031 Real Estate Matters for investment properties and tax deferrals of capital gain’s taxes

• Asset Protection for Rental Property Owners

• Estate Planning for Rental Property Owners

• Tax Planning for Real Estate Property Owners

Contact us today at 630-780-1034 or via online contact form here.