Kendall County Eviction Process for Property Owners and Landlords

 Posted on August 15, 2022 in Residential Landlord Evictions

This blog article will discuss the forcible entry and detainer process in Yorkville and Kendall County. Property owners understand the forcible entry and detainer process as “Landlord Evictions.”

Kendall County Landlord Evictions

In Yorkville and Kendall County, evictions are processed in Room 116 of the Kendall County Courthouse. The first step in the eviction process is to prepare and deliver the eviction notices. As a rule, the most common eviction notices are a five-day and thirty-day notice. 

Five-Day Notice

The purpose of a five-day notice is a written notice that gives the tenants warning that they have five days (not business days) to pay the full rent day or face the prospect of an eviction. We highly recommend that a private process server serves the five-day notice. A private process server is a licensed professional that is authorized to service official court paperwork to tenants. 

Thirty Day Eviction Notice

The second type of notice is a thirty day-notice. A thirty-day notice is a written notice that terminates the month-to-month rental tenancy. The thirty-day notice informs the tenants that they have thirty (30) days from the written notice to move out. In many instances, landlords and tenants have an old written agreement that expired years ago, and the tenants have continued to live at the premises on a month-to-month basis. 

Landlords often falsely believe that the tenant’s rental tenancy terminates when the residential lease has expired. This is a false assumption. A tenant’s rental tenancy will continue as well if the property owner has verbally informed the tenant that they are not renewing their lease or failed to personally serve the tenants with a termination notice such as a thirty-day notice. Note, the property owners may give the tenants a sixty-day notice, which is recommended (if possible) because it gives the tenants’ reasonable notice to find new rental housing.

Oral leases and termination of a yearly lease are prime examples of the types of property owners that must serve the tenants a thirty-day notice.

Effective Methods of Service

There are two methods, which are effective for serving five-day and thirty-day notices or otherwise known as an “eviction notice” for property owners. The first method is personal service, which means that the eviction notice is personally handed to the tenants on the lease or a member of their household at least 13 years of age or higher. The tenants do not have to accept or sign anything, but the landlord or its’ agent is responsible for delivering the eviction notice to the tenant (or at least attempting to serve the tenant). 

One of the prime reasons to use a private process server is ambiguity in serving eviction notices. A private process server is professionally trained to work with the attorney and understands the laws regarding service of process of eviction notices. Service of process is the type of method of serving an eviction notice. Leaving the notice on the door is an ineffective method of serving the eviction notice. There is a lot of grey area in serving eviction notices and that is why we strongly recommend the use of private process servers.

The second major type of service of process method of an eviction notice is certified mail with return receipt (signature required). Certified mail is often ineffective because most tenants fail to sign for the certified mail notice. If the tenant did accept the certified mail notice and sign their signature on the certified mail notice, then this is effective service for delivery of the eviction notices. Note, that delivery of a five-day notice is not effective through text messages and emails. 

Often, property owners call us, and they have served the five-day notice through verbal communication, text message and/or email. The best method of serving a five-day notice is by certified mail with return receipt (signature requested) and personal service. Personal service means by personally handing the notice to the tenant.

Kendall County Residential Eviction Lawyers 

If you are a landlord and need assistance with a difficult or non-paying tenant, contact us immediately. We assist landlords and property owners in the Kendall County area and nearby communities such as the following:

• Bristol

• Newark

• Aurora

• Joliet

• Plainfield

• Oswego

• Yorkville

• Plano

• Boulder Hill

• Plattville

• Lisbon

• Millbrook

Oswego and Plainfield Landlord Eviction Attorneys in Kendall County

Landlord Evictions, LLC is comprised of support staff and attorneys that concentrate in property owner evictions. We specialize in assisting landlords and property owners with the eviction process in Kendall County and nearby counties. Our staff and eviction team are experienced, and we effectively help landlords swiftly eviction tenants in Yorkville, Bristol, Plano, Oswego, Aurora, Minooka, and Kendall County. Reach us at 630-780-1034 or via online form.