Kane County Eviction Assistance for Maple Park, Illinois Landlords  

 Posted on March 08, 2023 in Landlord Eviction

Maple Park is a growing city with new construction throughout. The reasonably priced homes and small community feel make the area a prime location for investors. Like any area, landlords choosing to invest in a Maple Park home run the risk of having to evict a tenant at some point. At Landlord Evictions, LLC, our attorneys can assist in the eviction process, from serving an eviction notice, to scheduling a removal of a tenant by a sheriff, to navigating the court forms and procedures quickly and competently.

Initiation of an Eviction

Before a landlord can file an eviction complaint with the county court, he or she must properly serve the tenant a notice of possible eviction, thus ensuring the tenant is aware of their status. This also provides useful information for the tenant to take action instead of being evicted, running the risk that the eviction becomes a permanent part of their record. Some of the most common notices landlords can provide include a five-day, ten-day, and thirty-day notice.

The landlord must serve the appropriate notice to the tenant so they have the proper amount of time to take action. For example,

•  a five-day notice will be used when the tenant is behind on rent,

•  a ten-day notice is used when a tenant is violating a specific lease agreement provision, such as owning a pet when the lease has a no-pet policy or allowing another individual to reside in the property in violation of the lease agreement,

• a thirty-day notice is used when the expiration of the lease agreement, a tenancy of one year or less, is coming to an end; this can include termination of a month-to-month tenancy. 

To have proper legal standing the landlord must serve the correct notice and wait the applicable amount of time before filing the case with the court. The attorneys and staff at Landlord Evictions, LLC can assist in determining the best notice to serve based on the landlord’s specific situation.

In order to properly serve the eviction, the landlord must do one of the following three things:

• personally serve the tenant by handing them a copy of the notice,

• utilize a substitute service by leaving the notice with an individual over 13 years of age, residing at the property, or

• mail the notice to the tenant via certified mail with a return signature required. 

The down side of serving using certified mail is that the tenant can opt not to sign, and can then claim they were never served. 

Most landlords want to avoid the stress and time wasted when properly serving a tenant, that is the time to choose Landlord Evictions LLC, as they work directly with a private process-serving company to get the job done smoothly and efficiently.

Continuing with an Eviction Complaint

If the tenant was properly served with the correct eviction notice, and the time stated in the notice has lapsed without compliance by the tenant, the landlord can then begin the court process by filing an eviction complaint with the appropriate court. Illinois law dictates that the case must be brought in the circuit court for the county where the property is located, Maple Park properties lie within Kane County boundaries, therefore the lawsuit must be filed in Kane County. To file a lawsuit in Kane County, the landlord must file both a Complaint and a Summons. A Complaint brings forth the factual allegations surrounding the tenancy, such as: 

• who holds the title, 

• when the lease began, 

• if the tenant is behind on rent, and

• what relief the landlord seeks. 

For example, if the tenant is behind on rent, the landlord will seek both an Order of Possession and a Money Judgment against them.

In conjunction with a Complaint, the landlord must file a Summons form. This document is used to properly notify the tenant of an open court case against them and includes:

• the tenant's name,

• the address in dispute, 

• the court date, and 

• the time and location of the court appearance, 

Per Kane County rules, each Summons must include a copy of the Illinois Supreme Court Approved Rent Relief form in both English and Spanish, as well as a copy of the Kane County Mediation form should the tenant choose to attend mediation. 

The Complaint and Summons forms must be served on the tenant by either a private process server or the local Sheriff's office, they cannot be served via a layperson as the eviction notices were, for the court to exercise jurisdiction over that tenant. 

Once the case is in court, an order can be entered in several ways, for example, 

• a landlord can obtain an Order by Default if the tenant fails to appear on their court date,

• an Agreed Order can be entered following a mediation attempt, meaning both parties agree on a specific outcome, or

• An Eviction or Dismissal Order can be entered following a bench trial. 

Enforcement of an Order of Possession

Depending on the case's outcome, a landlord may have been awarded an Order of Possession. This order dictates the date and time the tenant must leave the property. If the tenant is still in the property once that date has passed, the landlord can then pursue a Sheriff's eviction. For this process, the landlord must obtain a certified copy of the Order of Possession and bring it to the Sheriff's office along with a check to pay the applicable fees. A new date and time will then be scheduled for a deputy officer, along with the landlord, to physically remove the tenant and the tenant's belongings from the property. 

Eviction Attorneys Local to Maple Park

The eviction process can be cumbersome and lengthy, especially if the procedures and rules enforced by Kane County are not followed appropriately. Navigating without attorney assistance could cause you as the landlord to waste time and money.  The attorneys and staff at Landlord Evictions, LLC have extensive experience pursuing evictions in the Kane County Courthouse. Your case will follow all necessary procedures efficiently and effectively through the court system if you allow us to handle the process as for you. To inquire more about our eviction services, call our office at 630-780-1034 or fill out our form online.