Maple Park Eviction Lawyer: Residential Evictions 101 in Kane County

 Posted on February 07, 2023 in Residential Landlord Evictions

This article's goal is to help Illinois property owners who have rental properties in Maple Park and the surrounding regions of Kane County. An owner of a rental property has the right to evict a tenant. The landlord must give the tenant notice and complete the legal process in order to get an eviction order.

Being a landlord of a residential or commercial property is a laborious and time-consuming chore that is made more difficult when you have to deal with a tenant who owes you money or has broken other lease clauses. At some point, eviction becomes the only option.

The eviction process has become substantially more complicated since the Covid-19 outbreak first struck in early 2020, making it even more important to work with a knowledgeable eviction lawyer. The Forcible Entry and Detainer Process, also referred to as an “eviction,” contains important information on the eviction procedures and laws in the State of Illinois.

Having a lawyer on your side who has handled eviction cases before may be quite beneficial in these instances. Despite the numerous legal safeguards that Illinois renters have, there are nevertheless legitimate grounds for evicting a tenant that the courts will frequently uphold.

THE PROCESS FOR EVICTION IN MAPLE PARK AND KANE COUNTY

Evicting a tenant is probably the last thing any person wants to do. Procedures for eviction are never straightforward or simple. When a difficult tenant will not leave on their own accord, formal eviction processes are usually the last resort. Sometimes landlords are obliged to evict renters because they are not paying their rent, causing damage to their property, or committing crimes. In these situations, having a lawyer on your side who has experience in eviction issues may be quite helpful. There are legitimate reasons for evicting a tenant, and the courts frequently uphold them, despite the numerous legal protections that Illinois renters have.

The eviction processes in Maple Park and the adjacent regions of Kane County are generally known to landlords. When a residential eviction is required, Illinois state law prohibits landlords from locking out tenants, turning off the heat and water, or conducting self-help evictions. Residents in Kane County who are being evicted from their houses receive assistance from the Gateville Law Firm. Our eviction lawyers are able to assist with the proper processes thanks to their years of experience.

BEGINNING THE EVICTION PROCESS IN MAPLE PARK AND KANE COUNTY

Residential landlords who must start the eviction process in Maple Park and other Kane County locations should always strictly adhere to the guidelines listed below. To prevent unneeded delays in the Kane County eviction process, Gateville Law Firm carefully comprehends and complies with local and state standards. The residential eviction process in Maple Park and other Kane County areas is largely divided into three steps:

1. Eviction Notices in Maple Park and Kane County

The required eviction notifications that apply to the tenant circumstances are laid forth in the Illinois Forcible Entry and Detainer Statute. In the Kane County regions, there are normally three different sorts of eviction notices:

• 5 days’ notice: A 5-day notice serves as an eviction notice and notifies the tenant of the amount of rent that is due. A 5-day warning is needed if the rent is not paid on time or is paid slowly. The delivery of the 5-day notice is essential. The 5-day notice being posted on the renter's door or notifying the tenant through email are examples of inappropriate service methods. The Forcible Entry and Detainer Statute specifies the exact steps that must be taken in order to deliver an eviction notice.

• 10 days' notice:  A 10-day notice of eviction is issued when a written lease contains a particular clause that mentions 10 days' notice and this clause is violated. A signed residential lease breach is often given a 10-day warning. The primary objective of the 10-day notice is to allow the tenant 10 days before the eviction process may begin.

• 30 days' notice: Once the 30-day notice is received, the rental tenancy is over. There are two basic reasons why a rental lease might be broken. A 30-day notice is required in the event of an oral lease before the landlord-tenant eviction process may begin. The second type of example is a tenant on a signed lease who has kept up with their rent obligations after the term has ended.

We at Landlord Evictions, LLC painstakingly examine and carry out the local and state regulations to eliminate unneeded complexity in the eviction process in Maple Park and Kane County. Our team of skilled attorneys and support professionals review, help with, and draft 5-day, 10-day, and 30-day notices for you.

2. Service of Notices in Maple Park and Kane County

According to Section 9-211 of the Illinois Forcible Entry and Detainer Act's "Service of Notices" clause:

“Sec. 9-211. Service of demand or notice. Any demand may be made or notice served by delivering a written or printed, or partly written and printed, copy thereof to the tenant, or by leaving the same with some person of the age of 13 years or upwards, residing on or in possession of the premises; or by sending a copy of the notice to the tenant by certified or registered mail, with a returned receipt from the addressee; and in case no one is in the actual possession of the premises, then by posting the same on the premises.”

There are basically 3 main ways to deliver legal documents in Maple Park and other parts of Kane County with notice periods of 5, 10, or 30 days.

The earliest and most efficient kind of support is personal service. The tenant or any adult occupant of the property who is older than 13 receives a physical copy of the eviction notice. 

The second method of serving legal papers is by sending a certified mail copy of the eviction notice. This strategy has drawbacks since the renter must sign for the certified postal notice. This might be difficult because many tenants opt not to pick up certified mail. If the certified postal notice is not acknowledged, it cannot be properly served. Hence, it might not be acceptable to serve the eviction notice.

The third choice is registered mail with a return receipt. The limits that apply while mailing the certified eviction notice still apply. The tenants are not permitted to pick up certified mail themselves or decide whether to sign for it.

A licensed professional with such power is referred to as a private process server in Illinois. However, a certified process server is not required to deliver the original eviction documents. Anyone above the age of 18 is allowed to serve the renter with the eviction notice(s). For the landlord (or their representative, such as a private process server), to be judged to have properly served the notice, the eviction notice must be physically given to the tenant, or at the very least tried to be delivered.

The fact that serving an LLC or firm is handled differently from serving a person must always be kept in mind. The Landlord or an agent acting on its behalf must be the Registered Agent of the Business or LLC in the State of Illinois. A firm or LLC must select a registered agent who will get legal notices on their behalf.

Therefore, the most efficient method of serving the eviction notice to the tenant is through hand delivery. The eviction notice is pointless to put on the door. Legal notices, including eviction notices, should not be delivered through email or text message. Only when a rental flat is vacant may a notice of eviction be displayed on the door.

3. Filing a Complaint in Maple Park and Kane County

The third step in the eviction process is the submission of a complaint for forcible entry and detainer, popularly known as an “eviction suit.” A complaint is fundamentally a written lawsuit seeking redress from the Kane County courts. A legal document known as a complaint contains information on the nature of the eviction issue, the terms of the applicable rental agreement, and the date and method in which the landlord (or their representative) served the renters and other residents with the requisite eviction papers.

A court complaint for forcible entry and detainer includes a formal demand for compensation and/or an order granting control of the rental property unit. A complaint for compelled entry and detention frequently includes the following items: rent that is still outstanding over the move-out date; late fees, if applicable; court expenses and fees for mailing court papers; and reasonable legal charges, if allowed under the signed residential lease.

Gateville Law Firm usually establishes methods to recover legal fees, court costs, unpaid rent, and late fees for you because of its familiarity with the eviction process in Maple Park and the neighboring Kane County areas.

A window of time to vacate the premises before the landlord intervenes is provided by a court order of possession. It is crucial to remember that the Kane County Court normally allows a possession stay of no more than 14 days, starting with the initial court hearing. It is implied that the landlord won't be able to gain possession of the property for some time by postponing the order of possession.

Anywhere throughout Maple Park as well as the neighboring Kane County, the landlord or their representative may begin the process of a forced eviction if a tenant remains longer than the amount of time allowed by the court.

CONTACT A QUALIFIED EVICTION ATTORNEY IN KANE COUNTY

On behalf of landlords, Landlord Evictions, LLC conducts evictions quickly and successfully. Only for landlords, our lawyers are experienced and skilled in conducting residential evictions. We do business at the Kane County Circuit Court, 26th Judicial Circuit. Regular landlords find evictions more difficult since they must be filed online. The necessary paperwork is hard to complete, and errors are costly. The professional residential eviction lawyers at Gateville Law Firm serve Maple Park and surrounding areas in Kane County. 

The services offered by Gateville Law Firm to landlords or their representatives include the drafting, issuance, and filing of eviction notices as well as the formulation, submission, and filing of eviction lawsuits. You can reach our legal team right away by calling 630-780-1034 or using our online contact form.