Oswego Eviction Lawyer: Residential Evictions 101 in Kendal County

 Posted on February 03, 2023 in Residential Landlord Evictions

This article's goal is to help Illinois landlords who have rental properties in the Oswego and Kendall County regions. A landlord has the right to remove a tenant from a leased home. The landlord must give the tenant notice and go through the legal process to get an eviction order.

Legal problems involving landlords and tenants can be challenging, whether a person is dealing with residential or commercial real estate. There are specific rules governing the renting of real estate and, more specifically, the eviction of tenants, in addition to the normal contract law that must be taken into account. The rules governing residential tenant rights really offer stronger consumer safeguards than most other legal sectors.

Without consulting an eviction lawyer, landlords who decide to evict a tenant on their own run the risk of suffering substantial repercussions if the eviction is not carried out in compliance with Illinois state law. The Forcible Entry and Detainer Process sometimes referred to as an “eviction,” contains important details on the eviction procedures and laws in the State of Illinois. The eviction process has especially become more complicated since the Covid-19 outbreak first struck in early 2020, making it more important to work with an experienced eviction lawyer.

THE PROCESS FOR EVICTION IN OSWEGO AND KENDALL COUNTY

Being a landlord, which is already a tough business, is made much more difficult by having to understand complex eviction and rental property eviction procedures. Uncooperative and disruptive tenants restrict cash flow, making the landlord industry unprofitable. In the Oswego and Kendall County areas, maintaining many rental properties, bookkeeping, and troublesome or disruptive tenants who violate the terms of the lease are common concerns for landlords. This is the rationale behind why landlords in the Oswego and Kendall County areas or elsewhere use eviction as a last resort.

The eviction procedures in Oswego and the neighboring Kendall County regions are generally understood among 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. Landlord Evictions, LLC helps with the home eviction process in the Oswego and Kendall County regions. Our eviction attorneys have years of experience and are qualified to assist with the proper procedures.

STARTING THE EVICTION PROCESS IN OSWEGO AND KENDALL COUNTY

Residential landlords in Oswego and Kendall 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 Oswego and Kendall County eviction procedure. In the Oswego and Kendall County regions, the residential eviction procedure is primarily separated into three steps:

1. Eviction Notices in Oswego and Kendall County

The required eviction notifications that apply to the tenant's circumstances are laid forth in the Illinois Forcible Entry and Detainer Statute. In the Oswego and Kendall 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.

In order to reduce unnecessary complexities in the eviction process in the Oswego and Kendall County regions, we at Landlord Evictions, LLC meticulously research and carry out the local and state procedures. 5-day, 10-day, and 30-day notices are examined, assisted with, and prepared for you by our team of experienced attorneys and support staff.

2. Service of Notices in Oswego and Kendall 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 the Oswego and Kendall County areas, there are basically 3 major methods for serving legal papers with notice windows of 5, 10, or 30 days. 

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

• The second method of serving legal documents is by sending a copy of the eviction notice by certified mail. This strategy has problems since the tenant must sign for the certified postal notification. This might be tricky because many tenants opt not to pick up certified mail. If the certified postal notice is not signed, it cannot be lawfully served. Consequently, it could be inappropriate to serve the eviction notice.

• The third way is registered mail with return receipt. Again, this has the same limitations as mailing the eviction notice by certified mail. The tenants are not permitted to pick up the certified mail themselves and are not permitted to refuse 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 initial eviction document. Anyone above the age of 18 may serve a tenant with an eviction notice(s). For an eviction notice to be considered properly served, the landlord (or its agent, such as a private process server), must physically deliver the notice to the tenant, or at the very least attempt to do so.

It is essential to remember that service on an LLC or business is handled differently than service on an individual. The Landlord or its representative shall be the Business' or LLC's registered agent in the State of Illinois. A registered agent is a person or business that a business or LLC appoints to receive notice of legal action. 

Therefore, the best method for serving the eviction notice is to personally deliver it to the tenant. Posting the eviction notice on the door is pointless. Email or text message service of process for an eviction notice is not acceptable. An eviction notice may only be displayed on the door when the rental unit is vacant.

3. Filing a Complaint in Oswego and Kendall County

The third step in the eviction process is the filing of a Complaint in Forcible Entry and Detainer, sometimes known as a “Eviction Lawsuit.” A complaint is essentially a written lawsuit that requests relief from the Kendall County courts. An official document called as a complaint describes the nature of the eviction issue, the terms of the applicable rental agreement, and the manner and timing of how and when the landlord (or its agent) served the required eviction papers on the renters and other occupants.

A legal complaint for forceful entrance and detainer includes a formal demand for compensation and/or an order granting possession of the rental property unit. In a lawsuit for forceful entrance and detention, damages frequently include the following: rent that is still owed beyond the move-out date; late fees, if applicable; court expenses and fees for delivering legal papers; and reasonable legal costs, if allowed under the signed residential lease.

Gateville Law Firm often discovers ways to recover legal expenses, court costs, unpaid rent, and late fees for you because of its expertise with the eviction process in the Oswego and Kendall County regions.

A court order of possession provides the tenant with a window of time to vacate the premises before the landlord intervenes. It's crucial to remember that the Kendall County Court frequently allows a maximum 14-day possession stay starting from the first court appearance. It is implied by staying the order of possession that the landlord will not be able to get their hands on the property for some time.

If a tenant stays over the length of time allowed by the court in Oswego and Kendall County, the landlord or their legal agent may begin the procedure of forceful eviction.

CONTACT A QUALIFIED EVICTION ATTORNEY IN OSWEGO AND KENDALL COUNTY

Landlord Evictions, LLC in Oswego and the surrounding regions of Kendall County will handle your eviction case swiftly. Our attorneys and support staff specialize in evictions that are carried out under duress. Unlike many law firms, Gateville Law Firm employs lawyers who are constantly drafting eviction paperwork. You may indeed be confident that we will act quickly to resolve your complaints and eviction notices.

We are pleased to assist landlords or their agents with the formulation, submission, and filing of eviction actions as well as the drafting and issuance of eviction notices. You can use our online contact form or dial 630-780-1034 to get in touch with our legal team right now. Unless there is an eviction trial, which happens rarely because we handle residential evictions remotely, home landlords are not compelled to appear in court.