Kendall County Commercial Eviction Attorney: Kendall County Commercial Eviction Process

 Posted on January 05, 2023 in Commercial Landlord Evictions

This article will discuss the commercial eviction process in Yorkville and Kendall County, Illinois. Our Yorkville Commercial Eviction Lawyer assists commercial property owners exercise their rights concerning the landlord-eviction process. The eviction process in Kendall County is set-forth in the Illinois Forcible Entry and Detainer Act. See 735 ILCS 5/9.

Commercial landlords in Illinois are not allowed to use illegal eviction steps such as “self-help” remedies. Self-help remedies are remedies designed to evict a commercial tenant in an illegal way. These self-help strategies involve locking out commercial tenants from their offices by changing the locks or preventing entry into the office complex. These self-help methods are outlawed by Illinois Eviction Law. The Illinois Eviction Law that governs the commercial eviction process is the Illinois Forcible Entry and Detainer Act. See 735 ILCS 5/9. 

Yorkville Commercial Eviction Attorney: Recession Will Increase Commercial Evictions in Kendall County, Illinois

Recessions bring economic strife, which increases financial difficulties and brings enhanced economic instability. Economic hardship produces declining sales, lawsuits, and increased financial pressures, which increase the chances of a business experiencing bankruptcy or insolvency proceedings. Bankruptcy and insolvency proceedings increase the chances of non-payment of commercial rent.

Commercial property owners must be proactive in providing systems, which decrease the chances of financial losses. An effective Yorkville Commercial Eviction Law Firm can assist commercial property owners’ set-up steps to minimize financial losses resulting from unpaid rent and eviction proceedings. Non-payment of rent and reduced rent claims challenge commercial property owners' cash flow and produce business losses. These business losses increase when commercial tenants fail to honor their rental obligations. Generally, these business losses are the result of a breach in the terms of a written commercial agreement. The default in the material terms of commercial written leases are likely to include the following issues:

• Failure to pay base rent, common area and maintenance costs, and other financial terms of one’s business rent creates challenging economic circumstances

• Breach of key terms of a written commercial lease creates non-economic reasons for eviction

The First Step in the Commercial Eviction Process Involves Delivering the Proper Eviction Notices

In Illinois, the first step in the commercial eviction process involves delivering the proper eviction notices to the tenant. The specific type of notice that is required will depend on the reason for the eviction. Generally, there are three major reasons for a commercial eviction in Kendall County in the areas of Yorkville, Oswego, Plano, Newark, Bristol, Montgomery, Aurora, Plainfield, Joliet, and Boulder Hill. 

These three reasons are the following:

• If the eviction is based on non-payment of rent or slow payment of rent, the landlord must deliver a 5-day demand for possession notice to the commercial tenant. This type of notice specifies the amount of rent due and it must be delivered (to the landlord) within 5 days of receipt of the 5-day notice.

• The eviction is based on a material breach of the written commercial lease such as non-compliance with the written lease

• The eviction notice involves the expiration of the lease term where the landlord must deliver a 30-day or other type of notice (of greater length) for the tenant to vacate the rental preemies. The 30-day notice is delivered to the registered agent and gives the commercial tenant 30 days to vacate the premises. Generally, the 30-day notice involves a month-to-month rental tenancy or expiration of the written lease. Note, the commercial lease may require a different type of notice such as a 60-day or 90-day notice. Reviewing the terms of the commercial lease are important along with consulting a qualified commercial eviction lawyer are wise steps to take to protect one’s legal rights.

An important part of the delivery of the commercial eviction notice is the method of delivery. For commercial and business tenants, the commercial landlord must serve a business’s registered agent. A registered agent is an individual or business entity that agrees to accept legal paperwork on behalf of a commercial enterprise. A registered agent is mandated by the Illinois Secretary of State and their website will specify the “registered agent’s name and address”. A business must keep up-to-date records of the registered agent’s name and address. Failure to update one’s address and registered agent can lease to default orders, which will affect a commercial tenant or owner’s liability concerns. In Illinois, the Secretary of State allows an online “Corporation/LLC Search/Certification of Good Standing”, which will notify a commercial landlord or its’ agent of a commercial tenant’s registered agent and address.

An affidavit of service is a sworn statement under oath by a private process server or adult that has served the commercial tenant with an eviction notice. The affidavit of service is a sworn statement that identifies the individual (or business) personally served; the registered agent and the address served, and the type of eviction notices and papers that were served. The affidavit of service is important because it is proof that the commercial landlord served the proper eviction notice on the commercial tenant. Serving the eviction notice to the tenant via personal service is important because the eviction lawsuit may not be brought until the expiration of the notice period specified in the eviction notice has expired.

Oswego Commercial Eviction Lawyer: Commencing a Commercial Eviction Lawsuit in Kendall County, Illinois

A landlord may file an eviction lawsuit in the Yorkville and Kendall County Courthouse after the expiration of the eviction notice (as delivered by the process server). The eviction notice must specify a period given to a tenant to resolve any concerns outlined in the eviction notice such as non-payment of rent. The eviction notice may also state non-compliance issues and generally, a commercial tenant has 10 days to cure a non-compliance issue. The non-compliance issue must be a “material” or “important” term in the commercial lease agreement.  

In addition to the complaint, the commercial landlord must file a summons, which gives the return date and relevant court date, location, and courtroom information. In Illinois, the Illinois Supreme Court has given specific items, which must be contained or attached to a summons. A complaint is a legal document, which states the material facts and procedural history of the eviction process involving the commercial parties. The eviction complaint also will give the reasons for the eviction and attach evidence that the commercial landlord wants the Kendall County Judge to consider.

After the eviction case, the Judge will give the commercial landlord an eviction order. In Illinois, an eviction order is a court order issued by the Kendall County Judge, which requires a commercial tenant to vacate the property by a specified date. The eviction order will typically give the commercial tenant a period to remain at the commercial facilities lawfully. This period is called the “stay period”. 

The stay period is the time, which is granted to a commercial tenant that gives them a grace period to remain in the office space. The grace period generally ranges from 14 to 30 days (or some other specified period). After the grace period, the commercial landlord may commence the forcible eviction process against the commercial tenant through the Kendall County Sheriff’s Office.

Additionally, a commercial landlord’s attorney may seek damages against a commercial tenant for a specified amount of money. These damages in a lawsuit are called a “judgment”. A judgment is a money judgment, which is granted by the courts against a Defendant. A judgment may hurt a defendant’s creditworthiness or prevent them from purchasing items or moving into a different rental facility.

HIRE AN EXPERIENCED KENDALL COUNTY COMMERCIAL EVICTION ATTORNEY SERVING KENDALL COUNTY AND NEARBY AREAS

 It is important to hire an experienced commercial landlord for your commercial eviction case. Landlord Evictions, LLC is a Yorkville Commercial Eviction Lawyer concentrating in Kendall County and nearby areas. Call us at 630-780-1034 to protect your legal rights and responsibilities. We offer a free initial consultation with an attorney by phone.