Oswego Eviction Lawyer: Landlord Evictions 101 in Kendall County

 Posted on January 09, 2023 in Eviction Attorney

The purpose of this article is to assist landlords who own rental properties in the Kendall County area of Oswego, Illinois. A landlord can force a tenant to vacate a rental property through eviction. To get an eviction order, the landlord must provide the tenant with notice and go through the legal process. 

Since the Covid-19 pandemic first hit in early 2020, the eviction procedure has significantly increased in complexity, making it increasingly crucial to hire a qualified eviction attorney. The Forcible Entry and Detainer Process, commonly known as an "eviction," provides pertinent information on the eviction laws and processes in the State of Illinois.

THE PROCESS FOR EVICTION IN OSWEGO, ILLINOIS

Understanding intricate eviction and rental property eviction rules makes being a landlord, which is already a demanding profession, even more challenging. Cash flow is hampered by uncooperative and disruptive tenants, which makes the landlord business unprofitable. Landlords in Oswego are frequently preoccupied with managing several rental properties, bookkeeping, and problematic or disruptive tenants that break the conditions of the lease. This is the rationale behind why landlords in Oswego or elsewhere use eviction as a last resort.

Many landlords are aware of the Illinois and Kendall County eviction process in full. Landlords are forbidden by Kendall County and Illinois law from locking tenants out, cutting off the heat and water, or undertaking self-help evictions when a residential eviction is necessary. In Oswego and Kendall County, Gateville Law Firm aids with the residential eviction procedure. Our eviction lawyers have years of practise and are competent to help with the due processes.

STARTING THE EVICTION PROCESS IN OSWEGO, ILLINOIS

If Oswego residential landlords are forced to resort to starting the eviction procedure, they must carefully follow the steps listed below. To prevent needless delays in the Oswego and Kendall County eviction process, Gateville Law Firm carefully comprehends and adheres to local and state regulations. The landlord eviction process is divided into three parts in Oswego and Kendall County:

1. Eviction Notices in Oswego, Illinois

The Forcible Entry and Detainer Statute in Illinois specifies the proper eviction notifications applicable to the tenant scenario. There are typically three types of eviction notifications in Oswego:

• 5 days’ notice: A 5-day notice informs a tenant of the amount of rent that is due and serves as an eviction notice. If the rent is not paid on time or is paid slowly, a 5-day notice is required. It is crucial that the 5-day notice is delivered. Inappropriate service techniques include posting the 5-day notice on the renter's door or sending the tenant the notification through email. An eviction notice must be delivered using precise procedures outlined in the Forcible Entry and Detainer Statute.

• 10 days' notice:  When there is a specific clause in a written lease that talks about 10 days' notice and this clause is breached, a 10-day notice of eviction is issued. In most cases, a written residential lease breach is notified with a 10-day notice. The 10-day notice's main goal is to give the renter 10 days before the eviction procedure may be started.

• 30 days' notice:  The rental tenancy ends upon receipt of the 30-day notice. There are 2) main instances where a rental lease period may be terminated. In the case of an oral lease, a 30-day notice is necessary before the landlord-tenant eviction procedure may get started. The second kind of example is a written lease holder who has continued to pay rent after the lease has expired.

At Gateville Law Firm, we rigorously study and execute the local and state processes to minimize needless complications in the eviction process in Oswego and Kendall County. We analyse and help you with 5-day, 10-day, and 30-day notices, as well as prepare them for you.

2. Service of Notices in Oswego, Illinois

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.”

There are three main ways to serve legal documents in Oswego and Kendall County with notice periods of 5, 10, or 30 days. 

• Personal service is the earliest and most effective form of assistance. A copy of the eviction notice is physically delivered to the renter or an adult over the age of thirteen who is a resident at the property. 

• Sending a copy of the eviction notice through certified mail is the second way to serve legal documents. This approach presents issues since the certified mail notification must be signed for by the renter. Because many renters choose not to pick up certified mail, this is sometimes challenging. The certified postal notice cannot be served properly if it is not signed. Therefore, it may be considered wrong to deliver the eviction notice.

• Registered mail with return receipt is the third method. Once more, this is subject to the same drawbacks as sending the eviction notice through certified mail. The certified mail cannot be picked up by the renters, and they are not allowed to decline to sign for it.

In Illinois, a licenced professional with this authority is known as a private process server. The first eviction document, however, does not need to be served by a licenced process server. Anyone who is at least 18 years old may give a renter an eviction notice(s). The landlord (or its representative, such as a private process server) must physically deliver the eviction notice to the tenant, or at the very least try to do so, for the service of an eviction notice to be valid.

It is crucial to keep in mind that service on a business or LLC is handled differently than individual service. The registered agent for the company or LLC in the State of Illinois shall be the Landlord or its agent. A person or organization designated by a business or LLC to receive notice of legal actions is known as a registered agent.

Therefore, hand-delivering the eviction notice to the renter is the preferred course of action for process serving. It is futile to post the eviction notice on the door. Service of process for an eviction notice should not be accomplished through email or text message. Only when the rental unit is empty may an eviction notice be posted on the door.

3. Filing a Complaint in Oswego, Illinois

Filing 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 a written lawsuit asking the Oswego and Kendall County Court for remedy. A complaint is a legal document that explains the nature of the eviction problem, including the applicable rental lease conditions as well as how and when the landlord (or its agent) served the proper eviction papers on renters and unknown occupiers.

A formal request for damages and/or an order of possession of the rental property unit is made in a complaint for forcible entry and detainer. Damages often comprise the following in a complaint for forcible entry and detention – Rent Still Owed After the Move Out Date; Late fines, if any; Court fees and fees for serving legal documents; and Reasonable legal costs if it is authorized in the written residential lease.

Due of its experience with the eviction procedure, Gateville Law Firm routinely finds methods to reclaim its legal charges, court costs, and unpaid rent and late fees for you.

An order of possession is a legal directive that gives the renter a window of time to leave the property before the landlord steps in. It is important to note that the Kendall County Court often grants a maximum 14-day possession stay from the initial court date. Staying the order of possession implies that the landlord will not be able to reclaim the property for a while. 

In Oswego and Kendall County, the landlord or their legal representative may start the process of forced eviction if a tenant stays longer than the time permitted by the court.

CONTACT A QUALIFIED EVICTION ATTORNEY IN OSWEGO, ILLINOIS

Your eviction case will be handled quickly by Gateville Law Firm in Oswego and nearby areas in Kendall County. Forcible evictions are a specialty area for our attorneys and support personnel. Unlike many legal offices, Gateville Law Firm has attorneys who work round the clock on eviction documents. Rest assured, we can respond swiftly and handle eviction notifications and complaints. 

We are delighted to help landlords or their representatives with the creation, delivery, and filing of eviction cases as well as the preparation and distribution of eviction notifications. Call 630-780-1034 or use our online contact form to reach our legal office right now. Home landlords are not required to appear in court unless there is an eviction trial, which happens infrequently because we manage residential evictions virtually.