Fox Valley Eviction Process for Landlords and Property Owners

 Posted on September 14, 2022 in Residential Landlord Evictions

This blog article discusses the eviction process or otherwise known as the “forcible entry and detainer process” throughout Fox Valley, including, but not limited to:

• St. Charles

• Geneva

• South Elgin

• Fox River Grove

• Fox Lake

• West Dundee

• Cary

• Algonquin

• Campton Hills

• Elgin

• Aurora

• North Aurora

• Montgomery

• Sugar Grove

• Yorkville

• Oswego

• Batavia

• Millington

• Sheridan

• Millbrook

• Carpentersville

Cause for an Eviction

In most circumstances a landlord is seeking eviction of a tenant due to nonpayment of rent. In addition to nonpayment of rent, a tenant can be evicted for illegal use of the property, excessive damages to the property, or becoming a nuisance to those that live around the tenant. 

Eviction for Illegal Use of the Property (and the Five-Day Unconditional Quit Notice)

A landlord may evict a tenant from the property if the tenant is using the property to commit illegal acts. Specifically, if a tenant is using, possessing, or selling illegal drugs or controlled substances on the premises of the rental unit, the landlord may evict the tenant by giving the tenant a five-day unconditional quit notice. A five-day unconditional quit notice advises the tenant that the tenant has five days to move out of the rental property permanently. If the tenant does not move out by the end of the five-day period, then the landlord can terminate the tenancy and file an eviction lawsuit against the tenant (see 740 Ill. Comp. Stat. § 40/11).

Eviction for Excessive Damages to the Property

A certain level of ‘wear and tear’ damage to a rental property is expected from a tenant occupying a property, but when the damage becomes excessive, a landlord may use such damage as grounds to evict the tenant. The damage may be intentionally caused by the tenant or the damage may be a result of the tenant not properly taking care of the property, allowing preventable excessive damage to occur (for example, not properly cleaning up after a pet or allowing a pet to damage walls, doors, carpets, etc.).

Nuisance Eviction 

A tenant may be evicted by a landlord if their behavior rises to the level of becoming a nuisance. A tenant becomes a nuisance when their behavior becomes so unruly that to those that live around the tenant cannot reasonably use and enjoy their own property. A tenant can become a nuisance by having continual noise violations and/or complaints, harassing neighbors, or disruptive behavior that causes others not to feel safe. 

The Eviction Process

The first step in the eviction process is for the landlord to prepare and serve an eviction notice on the tenant. The most common types of eviction notices include the 5-day, 10-day, and 30-day eviction notice.

5-Day Notice

The 5-day notice is a notice for non-payment of rent. This type of notice gives the tenant five days to pay the amount that is specified on the eviction notice or face the possibility of the landlord filing an eviction case. After the five-day period, the landlord has the right to void the written (or oral) lease and terminate the remainder of the lease permanently (see 735 Ill. Comp. Stat. § 5/9-209).

30-Day Notice (Month-to-Month Rentals)

The purpose of the 30-day notice is to terminate a month-to-month rental tenancy. A 30-day notice is required in two scenarios. First, when there is an oral lease that started at the commencement of the tenant and landlord relationship. Second, the 30-day notice applies when a written lease expires and the tenant fails to move out after the lease expiration. A written lease that has expired will continue on a month-to-month basis until the tenant or the landlord terminates the monthly rental arrangement (see 735 Ill. Comp. Stat. § 5/9-210).

Terminating a Month-to-Month Rental Period

In many instances, a landlord may believe that the tenant’s rental period ends when the residential lease has expired. However, this is a faulty assumption. A tenant’s rental period will extend beyond the expiration of the written lease until either party gives the other party sufficient notice to terminate the month-to-month rental tenancy.

Methods of Service in Eviction Matters

Service of process in forcible entry and detainer actions (otherwise known as eviction matters) can be done one of two ways, personal service and certified mail.

Option 1: Personal Service

The first method of service is through personal service on a tenant. Personal service is when the landlord, their agent, or a private process server serve the tenants with an eviction notice in person. An eviction notice posted on the door is an insufficient method of personal service. 

Personal service occurs when a person hand-delivers an eviction notice (typically a 5-day, 10-day and/or 30-day notice) to the tenant(s) on the lease. 

Using a Private Process Server

The use of a private process server is highly recommended. A private process server is a licensed professional authorized to deliver legal papers. Effective personal service can be done to the tenant or a household member 13 years of age or higher. A private process server is experienced in delivering legal papers and often they will attempt up to five attempts to serve a tenant. This is considered one service. After the private process server has delivered the papers, the private process server will email the landlord’s attorney an affidavit of service. This affidavit explains who was served by providing a legal description and is under oath and notarized. The major benefit of using a private process server is their skill and education in understanding what is considered sufficient “personal service” for court purposes. There can be a lot of grey area in eviction law. Therefore, a licensed private process server is a wise investment to remove unwanted tenants cost-effectively and efficiently.

Option 2: Certified Mail 

The second method of service of process authorized by the court system is through certified mail including a return receipt with signature. Certified mail is effective only when the tenant has signed the certified mail notice. Often, the tenant fails to sign the certified mail slip and rendering the certified mail is ineffective.

Delivering eviction notices in an effective, legal manner is incredibly important. Eviction cases are won and lost based upon effective delivery of eviction notices. Hiring an experienced residential eviction law firm is a wise decision. More importantly, it is a cost-effective decision. The area of residential evictions is a complex and changing area of law.

Removal of the Tenant

It is important to note that it is illegal for a landlord to try to force a tenant to move out of a rental unit. Even if the landlord is successful with the eviction lawsuit, the only person authorized to remove the tenant is a sheriff or constable. There are many nuances to landlord tenant law in Illinois and this is one of the many reasons it is advised to have legal counsel to assist with this process.

Experienced and Responsive Eviction Attorneys Serving the Fox Valley Area

Landlord Evictions, LLC consists of attorneys and staff skilled in the areas of property owner evictions. We exclusively serve the interests of landlords. Our process is cost-effective and efficient. We also oversee residential closings, asset protection, and estate planning for property owners and landlords. Our focus is tailored around the legal needs of landlords and property owners. Reach out and discuss your legal concerns with an experienced property owner eviction attorney at (630)-780-1034 or via online form. Landlord Evictions, LLC can assist you with residential property owner evictions in DeKalb, Kane, Kendall, Will, and DuPage Counties.

Sources:

https://www.ipropertymanagement.com/laws/illinois-eviction-process

https://www.nolo.com/legal-encyclopedia/the-eviction-process-illinois-rules-landlords-property-managers.html