OSWEGO EVICTION PROCESS IN KENDALL COUNTY FOR LANDLORDS

 Posted on December 06, 2022 in Residential Landlord Evictions

This article will discuss the landlord eviction process in Yorkville and Kendall County, Illinois for Oswego, and nearby landlords. Evictions are processed in Kendall County in Room 116 of the Kendall County Courthouse.

Kendall County Landlord Eviction Process

There are several reasons why property owners or landlords desire to evict a tenant. Here are several of the reasons:

• Failure to pay rent as agreed

• Non-compliance with the residential lease

• Desire to terminate the month-to-month rental agreement

• Purchased the rental property at foreclosure and desire to evict the tenant

The first step for Oswego Landlords and Property owners is the preparation and delivery of the appropriate eviction notice. The two main eviction notices are a 5-day and 30-day notice. The 5-day notice is used when the tenants are behind on rent. The 30-day notice is used when there is an oral lease, and the property owner or landlord wants to terminate the month-to-month rental tenancy term.

The primary method that should be used in an eviction case is personal service. Personal service means that an agent of the landlord such as a private process server or the landlord personally gave the 5-day and/or 30-day notice to the tenant. Illinois eviction law requires the landlord (or its agent) to deliver an eviction notice before the execution of the eviction process in Oswego, Illinois.

After the period has expired on the 5 -day or 30-day notices, the next step is filing the eviction complaint at the Kendall County Courthouse. Landlord Evictions, LLC assists landlords and property owners with the eviction process in Yorkville and Kendall County. The circuit court is in Yorkville, and it is in Kendall County. Filing of eviction complaints is done online now and payment of a filing fee is required.

Preparation of Eviction Complaints in Oswego, Illinois for Landlords and Property Owners

An eviction complaint is a lawsuit that is filed against the tenants with the desire to return possession of the premises to the Oswego landlord and have the court make a civil judgment against the tenant for unpaid rent, late fees, court costs, and reasonable attorney's fees (when appropriate). The purpose of the eviction complaint is to describe to the court that the tenant was served consistent with Illinois law before the filing of the eviction case. The second purpose of the eviction complaint is to allow the tenant to answer and dispute any of the allegations contained in the lawsuit. The tenants do not have a defense other than they want additional time to move (or they want to stay because they feel entitled). 

What happens at the first court date a Kendall County Eviction?

The purpose of the first court date is to determine whether the tenants have been served and obtain an eviction order. Serving tenants in an eviction case is difficult. Often, tenants evade the service of the process executed by the Sheriff's Office or a private process server. In some instances, a second court date is required because the tenants could not be served. We can get a court order to post the eviction complaint and summons on their door when a tenant is purposely evading service. However, this means that we must come back for a second court date.

If the tenant has been served before the first court date, we generally attempt to resolve the case on the first court date. The eviction case is resolved either with an agreed order giving the tenant a certain period to move out and may contain a judgment against the tenants as well. If we cannot come to terms, we will set an eviction trial to try the case. Unlike many counties, the Kendall County Eviction Process does not involve mediation which moves the case quicker. Our goal at the first court date is to obtain an eviction order.

Obtaining an Eviction Order

To evict unwanted tenants, an eviction order is required. An eviction order gives a stay period which gives the tenants a certain period to vacate the rental property. The eviction order is an order which gives the Kendall County Sheriff’s Office the ability to evict tenants if they stay beyond the stay period. The stay period is a certain period that the Judge gives for the tenants to move out and return the premises to the landlord. The tenants are responsible for unpaid rent through the move-out date.

The Kendall County Sheriff’s Office requires a certified eviction order to post on the rental unit before the execution of an eviction. The Kendall County Sheriff's Office will serve the judgment order and eviction letter to the tenant or an occupant of the premises over the age of 13. Most evictions should include “unknown occupants,” which are tenants who are unknown and not included in the residential lease.

How Long Does It Take to Evict Tenants in Oswego, Illinois?

The residential landlord eviction process in Oswego, Illinois ranges from 6 to 10 weeks. The time depends on the court's availability, the difficulty serving the tenant, and how difficult the tenant makes the eviction process. Unfortunately, eviction tenants have often been through the process, and can be more difficult to evict. Often, tenants purposely evade the service of process, fight the eviction, and/or ask for a lawyer. These things lengthen the eviction process in Oswego, Kendall County (Illinois).

HIRE AN OSWEGO EVICTION ATTORNEY IN KENDALL COUNTY THAT EXCLUSIVELY REPRESENTS LANDLORDS

Landlord Evictions, LLC is an eviction law firm that represents landlords and real estate investors in their eviction cases in Oswego (Kendall County). Our Yorkville Eviction Lawyers are skilled at evictions in Yorkville and Kendall County and understand the eviction procedures. Hire a qualified landlord eviction attorney in Oswego and Yorkville to help your case. Call us at 630-780-1034 to evict your unwanted tenants swiftly and cost-effectively.

Sources:

https://kendallcounty.il.gov/Home/ShowDocument?id=1431

Illinois Forcible Entry and Detainer Act, 735 ILCS 5/9-101