Eviction Process in DuPage County

 Posted on March 22, 2023 in Residential Landlord Evictions

Evictions are unpleasant and something that the landlord and the tenants would like to avoid; however, if removal becomes necessary, it is crucial to understand the legal procedures for properly notifying and evicting a tenant. This article will explain the eviction process step-by-step for DuPage County. 

Step 1: Proper Notice

Before beginning the eviction process, proper notice must be given to the tenant. Three types of eviction notices may be given to the tenant: A five-day notice, a ten-day notice, and a thirty-day notice. Each of these notices serves a different purpose, meaning knowing which notice best fits your situation is crucial. 

A five-day notice is the most common in DuPage County; it is used when a tenant is behind on rent. The notice will state the exact amount that the tenant owes and that they have five days from receiving the notice to pay the precise amount in whole or vacate the premises. If the tenant fails to pay the amount owed or leaves the premises, the landlord can begin eviction by filing a court complaint. 

Secondly, a ten-day notice is used when a tenant has violated their lease agreement. A typical example of a violation would be a tenant owning pets in a no-pet property. A ten-day notice will give the tenant ten days from the day they receive the notice to come to terms with their lease agreement. If the tenant still violates the agreement after ten days, the landlord can pursue an eviction order from the court.

The last type of eviction notice is a thirty-day notice. A thirty-day notice is used when a landlord no longer wants to renew a lease with the tenant. This notice is used in the case of month-to-month lease agreements. An oral or written lease agreement must terminate within thirty days to properly use this notice. It can only be used during the middle of a valid lease agreement if the tenant is otherwise in default. Once the notice has been issued, the tenant will have until the date listed to vacate the premises. If they fail, the landlord can seek an Order of Possession from the court. 

For a notice to be valid, it must be properly served to the tenant. There are several ways to do this. First, the notice may be hand-delivered to the tenant (personal service). If the primary tenant is absent, the notice may also be given to any individual above the age of thirteen who resides in the property (substitute service). Lastly, the landlord may also send the notice through certified mail with the requested return receipt; however, this service is not preferable as the tenant can choose to reject the package and not sign for it. 

Step 2: Filing Eviction Complaint and Summons

If the proper amount of time has passed and the tenant still needs to comply with the provisions of the served notice, the landlord can then begin the eviction process by filing a complaint in the court for the county where the property is located. A complaint is a document that states the facts of the case and the relief requested by the landlord. For example, a request may include an order of Possession, a Money Judgement, and an Attorney's Fee award if the Lease Agreement allows it.

Once the court approves the complaint, it will be assigned a case number. Next, the landlord will call the circuit clerk for DuPage County to get a court date. Once the court date has been set, the landlord must complete a Summons form. A Summons form includes the name of the tenant and the court date, time, and location. The purpose of a Summons form is to properly notify the tenant of when and where they must appear and that there is a pending court case involving them. After the Summons is approved, the Summons and Complaint must be served to the tenant personally or through a substitute service (a Sheriff or professional private process server). Finally, once the service has been made, whoever served the documents will complete an affidavit of service and file it with the court.

Step 3: Initial Court Date

At the first court date, the Judge will review the complaint and summons and ensure that proper service was made. After confirming that all the documents and services were correctly completed, the parties will try to agree. If no agreement is made, the case will be set for trial; however, DuPage County implements a mediation program between the first court date and the possible trial date. If the tenant fails to appear in court, the Judge can find the tenant in default and issue an eviction order that same day. 

Step 4: Mediation

DuPage county implements a program called the DuPage County Eviction Mediation Program. This program aims to help mitigate eviction cases, reach a mutually beneficial agreement, and avoid eviction. During mediation in DuPage County court, a neutral third party (a trained mediator) will help the landlord and tenant communicate and resolve their issues through a mutual agreement. If an agreement is reached, it can be entered with the court; however, if it is not reached, the court case will proceed to trial. 

Step 5: Trial

The case will proceed to trial if there is no agreement between the first court and the mediation date. Both parties will submit any exhibits they plan to reference during the trial. They may also provide a witness list if they plan on calling witnesses. Both parties will present their case, and the Judge will decide. If the Judge finds the Defendant, the case will be dismissed. An Eviction Order will be entered if the Judge finds for the Plaintiff. Typically, the Judge will give the tenant fourteen days to vacate the property. If fourteen days pass and the tenant remains present on the premises, the landlord can move forward with a Sheriff's eviction.

Step 6: Sheriff’s Eviction

A Sheriff's Eviction is typically the last resort of an eviction case and only occurs if the tenant refuses to vacate the premises even after the Order of Possession. Then, the landlord will take the signed order to the Sheriff's office and schedule a time for a deputy to come and physically remove the tenant. During a Sheriff's eviction, there are specific requirements that the landlord must oblige to, such as hiring a locksmith, removing the tenant's belongings, etc. 

Eviction Attorneys in DuPage County

As seen above, the eviction process can be extremely lengthy and tedious. To ensure a smooth eviction, hiring an attorney with the proper experience and understanding of the legal procedures required in an eviction is vital. At Landlord Evictions, LLC, our attorneys and staff have the knowledge and expertise to resolve your eviction matter quickly. We proudly serve the DuPage County area, including Naperville, Bloomingdale, Carol Stream, Clarendon Hills, Darien, Glendale Heights, Hinsdale, and Itasca. To inquire more about our services, please call our office at 630-780-1034 or complete an online form.