North Aurora Eviction Lawyer: Landlord Evictions 101 in Kane County

 Posted on January 12, 2023 in Eviction Attorney

The purpose of this article is to assist Illinois landlords who own rental homes in North Aurora and the neighbouring areas of Kane County. A landlord has the authority to kick a tenant out of a rental property. To get an eviction order, the landlord must give the tenant notice and follow the legal procedure.

Being a landlord of a residential or commercial property is a time-consuming, arduous task that is made more challenging when you must deal with a tenant who owes you money or has not upheld other provisions of their lease agreement. There comes a time when eviction is the only choice.

Since the Covid-19 pandemic first hit in early 2020, the eviction procedure has significantly increased in complexity, making it more crucial to engage with a skilled eviction attorney. Important information on the eviction processes and legislation in the State of Illinois is contained in the Forcible Entry and Detainer Process, sometimes known as an "eviction."

THE PROCESS FOR EVICTION IN NORTH AURORA AND KANE COUNTY

Probably the last thing you want to do is having to evict a renter. Eviction procedures are rarely quick or easy. Formal eviction procedures are typically the final option when a problematic tenant won't go on their own. Landlords sometimes find themselves in predicaments where they are forced to evict tenants who are not paying their rent, damaging their property, or committing crimes. 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.

Landlords are typically aware of the eviction proceedings in North Aurora and the surrounding areas of Kane County. Illinois state law prevents landlords from locking out tenants, shutting off the heat and water, or carrying out self-help evictions when a residential eviction is necessary. The Gateville Law Firm assists Kane County residents who are being evicted from their homes. With years of expertise, our eviction lawyers can help with the right steps.

BEGINNING THE EVICTION PROCESS IN NORTH AURORA AND KANE COUNTY

Residential landlords in North Aurora and neighbouring Kane County areas who must initiate the eviction process must carefully follow the requirements outlined below. Gateville Law Firm meticulously understands and abides by local and state requirements to avoid unnecessary delays in the Kane County eviction procedure. In the North Aurora and other Kane County regions, the landlord eviction procedure is primarily separated into three steps:

1. Eviction Notices in North Aurora 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 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 the Gateville Law Firm painstakingly examine and carry out the local and state regulations to eliminate unneeded complexity in the eviction process in North Aurora 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 North Aurora and Kane County

As per the provision regarding ‘Service of Notices’ in Section 9-211 of the Forcible Entry and Detainer Act in Illinois:

“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.”

In North Aurora and other Kane County areas, there are basically 3 major methods for serving legal papers with notice windows of 5, 10, or 30 days.

Personal service is the earliest and most effective kind of assistance. The tangible copy of the eviction notice is given to the renter or another adult occupier of the property who is older than 13. 

Sending a certified mail copy of the eviction notice is the second way to serve legal papers. Since the renter must sign for the certified postal notification, this tactic has flaws. Given that many renters choose not to pick up certified mail, this might be challenging. The certified postal notice cannot be validly served if it is not signed. Consequently, serving the eviction notice might not be suitable.

Registered mail with a return receipt is the third option. The restrictions that apply to mailing the eviction notice by certified mail still apply to this. The certified mail cannot be picked up by the renters directly, and they cannot choose to sign for it.

In Illinois, a licenced professional with such authority is known as a private process server. The original eviction paperwork does not, however, need to be delivered by a licenced process server. Anyone above the age of 18 is permitted to deliver an eviction notice to renter(s). An eviction notice must be physically delivered to the tenant, or at the very least attempted to be delivered, for the landlord (or its agent, such as a private process server), to be deemed to have properly served the notice.

It is crucial to keep in mind that serving an LLC or company is handled differently than serving a person. The Business' or LLC's registered agent in the State of Illinois shall be the Landlord or a representative thereof. A company or LLC must choose a registered agent who will be the recipient of legal notices.

Therefore, hand-delivering the eviction notice to the renter is the most effective way to serve it. It serves no purpose to post the eviction notice on the door. It is not appropriate to serve legal documents, such as eviction notices, through email or text message. A notice of eviction may only be posted on the door of a rental apartment while it is unoccupied.

3. Filing a Complaint in North Aurora and Kane County

The filing of a complaint in forcible entry and detainer, sometimes referred to as an "eviction lawsuit," is the third stage in the eviction procedure. A complaint is essentially a written lawsuit asking the Kane County courts to provide relief. The nature of the eviction issue, the terms of the relevant rental agreement, and the manner and timing of how and when the landlord (or its agent) served the necessary eviction papers on the tenants and other residents are all described in an official document known as a complaint.

A formal demand for compensation and/or an order giving possession of the rental property unit are included in a court complaint for forced entrance and detainer. Rent that is still owed beyond the move-out date; late fines, if applicable; court costs and fees for sending court documents; and reasonable legal costs, if permitted under the signed residential lease, are typically included in a complaint for forced admission and detention.

Because of its experience with the eviction procedure in North Aurora and the surrounding Kane County communities, Gateville Law Firm frequently finds ways to collect legal fees, court charges, unpaid rent, and late fees for you.

An order of possession from the court gives the renter a window of time to leave the property before the landlord steps in. It's important to keep in mind that the Kane County Court typically permits a maximum 14-day possession stay beginning with the initial court appearance. By delaying the order of possession, it is inferred that the landlord won't be able to take possession of the property for some time.

Anywhere in North Aurora and the neighbouring Kane County, if a tenant stays longer than the period permitted by the court, the landlord or their representative may start the process of a forcible eviction.

CONTACT A QUALIFIED EVICTION ATTORNEY IN KANE COUNTY

The Gateville Law Firm swiftly and effectively handles landlord evictions on behalf of landlords. Our lawyers are knowledgeable and adept in managing landlord evictions only for landlords. The 26th Judicial Circuit's Kane County Circuit Court is where we do business. Evictions are more challenging for regular landlords since they must be filed online. It's hard to complete the proper documentation, and mistakes are expensive. North Aurora and neighbouring cities in Kane County are served by the knowledgeable landlord eviction attorneys at Gateville Law Firm. 

The authoring and issue of eviction notices, as well as the formulation, submission, and filing of eviction actions, are all services provided by Gateville Law Firm to landlords or their representatives. To contact our legal team right now, utilise our online contact form or call 630-780-1034.