Morris Eviction Lawyer: Eviction Process in Grundy County

 Posted on December 30, 2022 in Residential Landlord Evictions

This article will discuss the eviction process in Morris and Grundy County. The eviction process in Illinois is summarized in the Illinois Forcible Entry and Detainer Act. 735 ILCS 5/9-101. The eviction process is described under the State of Illinois law, but there are specific differences in how each county proceeds with the eviction process. The process in Grundy County may also be known as the "law magistrate process".

The first Step in the Eviction Process begins with the Eviction Notice

The first step in beginning an eviction against a tenant begins with the eviction notice. There are four major notices for eviction in Morris, Illinois. The first type of eviction notice is the 5-day notice. The 5-day notice is the most common eviction notice because it addresses non-payment of rent. Essentially, the 5-day notice is delivered to the tenants with the full amount of the rent-seeking and the tenant has 5 days to pay the full amount of rent. If the tenant fails to pay the entire amount of rent, the landlord has the option of filing an eviction case. Accepting a partial payment of rent will invalidate the 5-day notice. The landlord may accept partial payments during the five-day period and apply the partial payment toward the unpaid balance. The key issue is the landlord must not accept a partial payment of rent beyond the 5-day grace period offered by the 5-day notice.

The second type of eviction notice is the 30-day notice. The 30-day notice is used to notify the tenant that the month-to-month rental tenancy will end at the expiration of that period. Generally, the landlord and the tenant enter into a written lease with an expiration period. Often, the landlord and tenant fail to create an additional lease and the tenant(s) stay beyond the expiration date and continue into the landlord-tenant relationship. Effectively, the landlord or tenant must notify the other party of their desire to terminate the month-to-month rental period. The point of the 30-day notice is to give the tenant or landlord time to find a suitable alternative. In the tenant's situation, the tenant must find another place to live and move out by the time written in the 30-day notice. The point of the 30-day notice is to give the tenant time to find another place to reside.

In summary, the 5-day and 30-day notices are the most common eviction notices. The other eviction notices include a 10-day notice, which is used when a tenant has breached the material terms of the written lease agreement. Generally, non-compliance issues in an eviction case involve property damage, adding tenants to a lease without the permission of a landlord, and/or allowing pets to enter the residence. These are primary examples of non-compliance issues and when a 10-day notice is applicable. The other type of eviction notice is a 7-day notice. The 7-day notice is used for non-compliance issues or termination of a weekly-rental situation. The 7-day notice is rarely used except for written hotel leases (or week-to-week rentals).

Methods of Service of Process in Morris, Illinois

Service of process is the process to deliver the eviction notice to the tenant(s). The first method used in Morris and Grundy County is personal service. Personal service means that the Grundy County Sheriff's Office, the landlord, or the landlord's agent serve a copy of the eviction notice to the tenants by hand delivery. Hand delivery means that the landlord (or its agent) handed a copy of the notice to the tenant(s) or a household member older than 13 years of age. Personal service is the most effective way to prove the delivery of an eviction notice. Illinois law requires the tenant must be notified of the written eviction notice by an acceptable manner of service or process as outlined by the Illinois Forcible Entry and Detainer Act.

The second way to give the tenant the eviction notice is by mailing a certified mail slip to the tenant with the eviction notice inside. The certified mail method requires that the tenant sign for the certified mail slip. In summary, the landlord must require that the tenant(s) or the household member over the age of 13 years of age sign acknowledging that they received the certified mail slip. The certified mail method is only effective when the tenant or their household member accepts the certified mail (or picks it up and signs for it). The certified mail method is faulty when the landlord cannot prove that the tenant signed for the certified mail. Therefore, the eviction process may be delayed and dismissed because the landlord failed to properly notify the tenant of the eviction process in an acceptable manner allowed by Illinois law.

In summary, proving the delivery of the eviction notice is a critical step in the eviction process. Generally, Landlord Evictions, LLC will prepare the eviction notice and have it served by a qualified process server. This is important because tenants are often difficult to serve. Tenants often have gone through the eviction process and evade service of the eviction notice. Hiring an experienced eviction lawyer coupled with a private process server is an investment in diminishing a landlord's monetary loss. Furthermore, hiring an eviction attorney provides peace of mind because we will be responsible and swiftly process your eviction in Morris and Grundy County. We also represent landlords in nearby counties to assist them to obtain their properties back as quickly as possible.

Filing of a Lawsuit in Morris and Grundy County

Filing a lawsuit is necessary when the tenant has failed to vacate the premises. Tenants will often fail to vacate the premises and force landlords to commence an eviction lawsuit. An eviction lawsuit shows the facts and reasons for the eviction. The Illinois Supreme Court requires that the residential written lease be attached as an exhibit to the complaint. Landlords often enter an oral lease with the tenant. In this instance, an eviction lawsuit may begin without the need for a written lease agreement. Prior to the filing of a lawsuit in Morris, the landlord must allow the appropriate grace period to elapse before processing the eviction.

The eviction lawsuit must be served on the tenant. The effective manner to serve the eviction lawsuit is called a "summons". The summons describes the return date; the date and time and the location of the first court date. The first court date will involve the landlord's attorney proving that the summons was delivered to the tenants by a licensed process server or the Grundy County Sheriff's Office. The summons may not be delivered by a non-licensed professional such as the landlord or its agent. The summons is dictated in the philosophy that the tenant has a right to hear the allegations against them and respond. The Morris and Grundy County Eviction Process is every Wednesday at 9:30 a.m. in the West Courtroom in Morris, Illinois. The Morris eviction process is an in-person process and is not through zoom.

By hiring an eviction lawyer, the landlords do not have to attend court unless there is a trial. Most of the time the eviction case proceeds without a trial. The eviction case generally is finalized with an agreed order entered by the tenant and the landlord. An agreed order is a method of finalizing the eviction case and getting an agreement where the tenants agree to move out. The Judge will give the tenant's a period known as the "stay period". The stay period is the period that is given to a tenant before the landlord has permission to receive the property back. If the tenant fails to move out as specified in the "eviction order", the landlord's attorney may begin the formal eviction kick-out process by the Grundy County Sheriff's Office. In most instances, the eviction order requires the tenant to move out by a specific date and allows the landlord to proceed with the eviction process after the tenant fails to move out by the stay period.

Contact a Morris Eviction Lawyer: The Landlord's Best Friend During the Eviction Process

In conclusion, the eviction process is complex and requires an eviction lawyer versed in the eviction process in Morris and Grundy County. Landlord Evictions, LLC is well-suited to handle Morris and Grundy County evictions because we are nearby the courthouse. We handle evictions including in nearby areas such as the following:

• Coal City

• Morris

• Minooka

• South Wilmington

• Braceville

• Kinsman

• Braceville

• Carbon Hill

• Verona

Call us today at 630-780-1034. If you have any questions, we are happy to assist you with the eviction process in Grundy County.