heaton Commercial Eviction Attorney: DuPage County Commercial Eviction Process

 Posted on January 16, 2023 in Commercial Landlord Evictions

This article assists owners of commercial rental properties in Wheaton and DuPage County, Illinois. The eviction process has increased in difficulty since the beginning of COVID-19. The complexity of the eviction process requires the expertise of an experienced commercial eviction lawyer. The eviction process in Wheaton, Illinois governed by the Illinois Forcible Entry and Detainer Act, See 735 ILCS 5/9. While commercial landlords may face difficult financial circumstances, they still must follow the legal process for properly evicting commercial tenants. 

Commercial Landlords Are Prohibited from Using Self-Help Remedies to Evict Commercial Tenants 

Under Illinois law, commercial landlords are generally prohibited from using “self-help” remedies to evict a business tenant. Commercial landlords must follow a legal process and it outlaws the following conduct:

• Prohibits commercial property owners from locking the business tenants from the commercial property

• Protects tenant’s belongings from illegal self-help lockouts by the commercial landlord

• The Illinois Forcible Entry and Detainer Process outlines a legal process that commercial landlords must follow up to properly evict a commercial tenant

If a commercial landlord uses self-help remedies to evict a tenant, then the tenant may seek a counterclaim against a commercial landlord seeking damages for their illegal self-help efforts. Tenants have certain rights and are more likely to see the efforts of an attorney than residential tenants. Often, a commercial tenant lacks the financial safeguards available to residential tenants because unemployment insurance is often inapplicable. Commercial tenants are resourceful and have a wider network than traditional workers. The rest of this article will explain the rights and responsibilities of commercial landlords when commencing the eviction process against business tenants.

An eviction Notice is Required for Commercial Tenants

In Wheaton and DuPage County, Illinois, a commercial landlord seeking to evict a tenant from a commercial property must first serve the commercial tenant an eviction notice. The written eviction notice is often called a “notice to vacate”, which specifies the reason for the eviction notice and the deadline for a response from the commercial tenant.

There are three major eviction notices in commercial evictions:

5-Day Notice

The first major eviction notice is a 5-day notice. In Illinois, the first step in the eviction process is delivering the commercial tenant with a 5-day notice. The 5-day notice must be in writing and must specify the amount of rent allegedly due. The 5-day notice must also explain that a partial payment of rent is unacceptable. The 5-day notice must state that the full rent is due in 5 days. The 5-day notice refers to a calendar, which includes the weekends and holidays as a day. If the tenants fail to pay the full rent due within the 5-day deadline, the eviction may begin. 

After the five days, the landlord has a right to void the remainder of the commercial lease and seek rental damages for the remainder of the outstanding lease including requesting the possession of the premises back. One of the challenges involved in a commercial eviction lawsuit is the number of damages alleged. In a residential eviction, the damages are limited because it is easier to find substitute tenants and the written lease terms range from one-year to a month-to-month tenancy. It is important to carefully review the commercial lease, which shall describe the commercial landlord and tenant’s rights and responsibilities in case of a default.

10-day Eviction Notice

In Illinois, a commercial landlord may serve a ten (10) day notice to vacate on a commercial tenant in the event a tenant has breached the terms of the lease agreement. The 10-day notice is used for violations of the “material terms” of the written commercial lease. A “material term” is generally the following:

• Subleasing the premises without the consent of the landlord

• The new commercial tenant purchased a business from a previous commercial tenant and the business has failed to result in the commercial tenants moving out and failing to pay the rent

• Making material changes to the premises without consent of the landlord or using unlicensed professionals to perform the work on the leased premises

• Damaged the property or failed to maintain commercial liability insurance as required by the commercial written lease

• Failed to make timely Common Area Maintenance (“CAM”) payments, real estate tax payments, and/or other required payments.

• Failure to maintain the landscape or provide timely snow removal services

• Failure to pay the utilities as required in a multi-tenant commercial property

• Illegal activity

In Illinois, the terms of the commercial lease will typically specify how the CAM charges are to be calculated and paid by the commercial tenant. The CAM payment may be based on the percentage of a tenant’s space, the square footage of the tenant’s space, or some other method. 

Generally, CAM payments are due and paid in addition to the base rent.

If a commercial landlord believes that a tenant has committed a material violation of the lease, the landlord may serve the tenant with a 10-day notice to vacate and initiate the eviction process (after the 10 days). The commercial landlord should hire an experienced commercial eviction attorney, which will review the terms of the commercial lease. The commercial lease outlines the commercial landlord’s rights and options in case of a “material” default of the terms of the written lease including the right of reimbursement of attorney’s fees and costs. Commercial tenants that are unable to “cure” the violation may face an eviction lawsuit by the commercial landlord for their failure to rectify the material violations of the written lease.

If the commercial tenant fails to vacate the premises within 10 days, then the landlord has the right to void the remaining term of the commercial lease. Furthermore, the commercial landlord has a right to commence an eviction lawsuit alleging a breach of the terms of the written lease. The commercial landlord may seek a judgment of possession and damages because of the material default of the written lease. The consequences of a commercial breach of the tenancy often result in disputed commercial litigation

30-Day Notice

In Illinois, a commercial landlord must give a 30-day notice to vacate a month-to-month rental tenancy when there is a one-year lease term. If the rental term is longer than one year, the commercial landlord must give the commercial tenant greater than a 30-day notice. Notice is important in eviction cases because Illinois requires the commercial landlord to give the commercial tenant “sufficient” notice to vacate and find a suitable, alternative office or commercial space. In general, termination of the lease is effective 30 days after the delivery of the eviction notice to the commercial tenant. A 30-day notice is used when a commercial landlord wants to terminate a commercial tenant’s rental tenancy.

Commercial Landlords Must Properly Serve the Eviction Notice to the Tenant(s)

Proper service of process is critical in commercial eviction cases. Generally, the eviction notice is served by a private process server via personal service. Personal service means that the eviction notice was hand-delivered to the registered agent and/or business owner. In eviction cases involving commercial lease terms, it is important that commercial landlords serve as the “registered agent” of the commercial business.

In Wheaton and DuPage County, a registered agent is an individual or business entity designated to receive legal documents on behalf of the partnership, limited liability company, or other business entity. The registered agent is responsible for accepting service of a process such as a summons, subpoena, or eviction notice for the business tenant. 

In Illinois, a business may appoint themselves (the owner or officer of a business) to act as a registered agent. The registered agent must be listed on the business’s articles of incorporation or articles of organization (for a corporation or limited liability company, respectively) and must be filed with the Illinois Secretary of State. Landlord Evictions, LLC offers specialized Wheaton Commercial Eviction Lawyer services for commercial landlords in Wheaton and nearby areas.

DuPage County Commercial Eviction Lawyer: Beginning a Commercial Eviction Lawsuit in DuPage County

Landlord Evictions, LLC is a law firm that concentrates on evictions and commercial evictions in Wheaton and nearby areas of DuPage County (and surrounding counties). Our Wheaton Commercial Eviction Law Firm specializes in the eviction process and assists commercial landlords with the eviction process.

With a recession increasing in chances, the likelihood of declining sales and financial issues are increasingly becoming a big issue. The recession and losses resulting from it make it more important for commercial landlords to maintain a proactive stance on their eviction procedures and systems. 

Delayed payments and non-payments add financial stress to commercial landlords. It is critical for commercial landlords to pay particular attention to their accounts receivables and quickly begin the eviction process to minimize any losses resulting from the commercial eviction process. Call Landlord Evictions, LLC today at 630-780-1034 to discuss your legal remedies and the best method to advance your legal rights. In the alternative, fill out the online contact information, and a representative of Landlord Evictions, LLC will call you quickly.