Montgomery Il Eviction Attorney: Eviction Process in Kendall County from the Landlord’s Perspective

 Posted on January 05, 2023 in Eviction Attorney

Montgomery Illinois Eviction Lawyer

This article describes the eviction process in Montgomery, Illinois, and Kendall County. Montgomery rental property owners need to understand the eviction process affecting them. The Kendall County Eviction Process begins in Room 116 of the Kendall County Courthouse. The first part of the eviction process begins with preparation of the appropriate eviction notice.

Five-Day Notice 

In Illinois, the 5-day notice is a non-payment of rent notice. The landlord must give the tenant the five-day notice, which gives the tenant notice of the amount of rent due within 5-days. The 5-day notice gives the tenant 5 calendar days (not business days) to pay the full-amount of rent or face the prospect of eviction proceedings in Kendall County. Generally, the 5-day notice must state the rental amount owed and due and that partial-payment is unacceptable. Landlords should be careful about accepting partial payments after the 5-day period because it will invalidate the 5-day notice.

Ten-Day Notice 

The ten-day notice is a type of eviction notice where the landlord informs the tenant of their material breach in the residential lease. Simply put, the 10-day notice is a non-compliance notice because the tenant has violated the terms of the residential lease. An example of non-compliance issues involves illegal activity. Or perhaps the tenants have moved in pets and the residential lease has a strong no-pet policy. Essentially, the tenant has 10-days to fix the problem, or the landlord may commence eviction proceedings after the 10-day notice is delivered.

Methods of Service

There are two methods of service of process in Illinois. The first method is delivery of an eviction notice by certified mail with return signature. Certified mail is an effective way to deliver the eviction notice when the tenants sign the certified mail slip. The tenant(s) must sign the certified mail slip for certified mail to be an effective method of service of process. Service of process is the legal method required by the Illinois Forcible Detainer Entry and Detainer Act or otherwise known as the “Eviction Act”. See 735 ILCS 5/9.

The second method of service of process in Montgomery, Illinois is personal service. Personal service is a method where the landlord (or its’ agent) delivers the eviction notice to the tenant. Personal service means that the tenant was handed a copy of the eviction notice. Private process servers are companies that are licensed to deliver eviction notices. Personal service is our preferred method of delivering eviction notices. We hire private process servers to assist in the eviction process because they are experienced at serving tenants, who purposely evade service of process. Second, private process servers give us an affidavit of service proving that the tenant has been served.

An affidavit of service is a legal document sworn under oath which states how, when, and who was served with an eviction notice. The purpose of the affidavit of service for court purposes is proof of delivery of the eviction notice. The Kendall County Courthouse requires an affidavit of service to prove delivery of the eviction notice.

Commencing an Eviction Lawsuit in Montgomery, Illinois, and Kendall County

After the expiration of the period allowed for the eviction notice, the next step is commencing an eviction case at the Kendall County Courthouse. Drafting a complaint is the first part of the process to commence an eviction case. A complaint describes the basic facts including the amount of unpaid rent, the terms of the written residential lease, and how and why the tenants have failed to perform their duties under the oral or written lease. Evictions may be commenced despite a signed written agreement. Often, landlords will enter oral contracts with tenants, and this is an acceptable manner in beginning an eviction case.

Montgomery, Illinois Eviction Lawyer in Kendall County

Landlord Evictions, LLC assists landlords, property owners, and management companies with the eviction process in Kendall County and nearby counties. Rental property ownership is difficult, and the cash flow problems caused by late rent or non-payment of rent puts financial strain on rental property owners. Here at Landlord Evictions, LLC, we swiftly and cost-effectively assist you to evict tenants. We understand that every day without rent puts additional emotional and financial strain on you. We will file and effectuate your eviction case in a time sensitive manner. Call us today at 630-780-1034.