Plainfield and Kendall County Landlord Evictions

 Posted on March 20, 2023 in Residential Landlord Evictions

Landlord Attorneys for Plainfield Rental Property Owners

This article aims to assist Plainfield landlords and rental property owners with rental properties in the Kendall County and Plainfield, Illinois, areas. This article discusses the eviction process for landlords with rental properties in Plainfield, Illinois, and Kendall County. The process for evictions has increased in complexity due to Covid-19, making it critical for rental property owners to work with an experienced eviction lawyer. In addition, Illinois state law prohibits landlords from forcibly looking out for tenants, turning off the electricity and hot water, and performing self-help evictions. 

STARTING THE EVICTION PROCESS IN PLAINFIELD AND KENDALL COUNTY, ILLINOIS

Residential property owners in Plainfield and Kendall County areas must be careful when they initiate the eviction process. Landlord Evictions, LLC understands the local and state requirements involving residential landlords to smoothly and effectively avoid unnecessary delays in eviction. This article will summarize the local and state requirements for forcible entry and detainer actions in Plainfield, Illinois, and Kendall County. There is a three-prong process in Plainfield, Illinois, for conducting residential landlord evictions.

1. Eviction Notices in Plainfield and Kendall County

The first step in an eviction for a residential landlord is to understand the Illinois Forcible Entry and Detainer Statute. In Illinois, three primary eviction notices are affecting Kendall County and Plainfield, Illinois:

• Five days' notice: A five-day notice is used for non-payment of rent. The purpose of the five-day notice is to notify the tenant of the back-owed rent and give them 5-calender days to pay the full amount of rent due. A five-day warning is needed if rent is untimely or unpaid because that is Illinois state law. The five-day notice should ideally be personally handled by the tenant or household member of the lease as long as this member of the family is 13 years of age or greater. Posting the 5-day notice on the door may be invalid.
• Ten days' notice: A ten-day notice is a type of eviction notice utilized for material lease violations. Generally, the landlord must have a written lease or an oral lease, and it must be a material condition of the rental lease. An example of a ten-day notice is a violation of the pet clause or failure to pay the security deposit under the written lease terms. The ten-day notice enables the tenants to correct the problem or move out within ten days. If the tenants fail to deliver the premises back to the landlord, the landlord may commence an eviction action against the tenant in Kendall County, Illinois.
• Thirty days' notice: The 30-day notice is a type of notice to end the month-to-month rental term. Generally, the 30-day notice is used when there is an oral lease, and a family member or significant other is renting the property and refusing to leave the premises. The second example of a 30-day notice involves a tenant(s) that has overstayed their written lease term or has an oral lease, and the landlord desires to sell the property or evict the tenant for whatever reason. Again, the objective behind the 30-day notice is to terminate the monthly rental period and demand the premises back from the rental tenant.

Landlord Evictions, LLC understands the local and state requirements involving residential evictions. We also can assist rental property owners in preparing and/or serving eviction notices.

Service of Notices in Plainfield, Illinois, and Kendall County

Eviction notices are served consistent with 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 Plainfield, Illinois, and Kendall County areas, the five, ten, and 30-day notices are the primary eviction notices used in residential eviction cases. There are two primary methods of service of process involving Kendall County evictions:

• Personal Service. Personal service is the most highly recommended method of serving the eviction notices to tenants. The landlords or their agent (such as a private process server) generally will personally hand a copy of the particular notice to the tenant or their household member (over 13 years of age). Personal service often involves the landlord or an agent of the landlord personally handing a copy of the notice to the tenant.
• The second method of serving legal documents is by mailing a copy of the eviction notice by certified mail. Certified mail is an ineffective method of delivery of eviction notices when the tenants or their household members fail to sign for the certified mail notice. Eviction notices mailed via certified mail must be signed by the tenant or their household members over the age of 13. This method of service of process is difficult because tenants often fail to sign the certified mail slip.   

A licensed professional, such as a private process server, is often hired to serve difficult tenants an eviction notice. One of the benefits of working with Landlord Evictions, LLC is that we work with reputable process servers that successfully serve difficult tenants. Difficult tenants are generally those individuals that purposely evade the service of process of an eviction notice. A landlord may also use family and/or friends or a management company to serve their eviction notices. 

The area of service of tenant notices is a difficult and tricky area of law. A major benefit of a private process server is their awareness of laws involving the service of process of eviction notices. Service of process on an Illinois or Corporation is handled differently than service of individuals. A corporate entity is required to have a registered agent who is a person or company that is authorized to receive legal notices on that company’s behalf.

Landlord Evictions, LLC will coordinate the eviction notice process for residential landlords. Posting the eviction notice on the door is improper. Email or text message notifications are also improper when a residential eviction may go in front of an eviction Judge.

2. Filing a Complaint in Plainfield and Kendall County

The final step in the eviction process is filing a complaint, otherwise called a “lawsuit”. The filing of a complaint is a written document that summarizes the grounds and key facts explaining why the tenant(s) have improperly and unlawfully withheld rent payments. In the alternative, the landlords may be seeking possession of the premises back. There are generally two types of complaints. The first type of complaint is for back owed rent payments plus possession of the premises. The second type of complaint is “possession only” because the residential landlord simply seeks return of the premises from the tenant. Landlord Evictions LLC 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 Plainfield and Kendall County, Illinois. 

An order of possession is a court order that gives the tenant time to vacate the premises. If the tenant stays beyond the period of time allowed by the order of possession, the landlord may seek the services of the Kendall County Sheriff’s Office.

CONTACT A QUALIFIED EVICTION ATTORNEY IN PLAINFIELD AND KENDALL COUNTY, ILLINOIS

Landlord Evictions, LLC handles evictions in the Plainfield and Kendall County areas (and nearby areas including Will County and Grundy County). Our attorneys and staff swiftly conduct residential evictions for landlords. You can confidently use the services of Landlord Evictions, LLC, which is a division of Gateville Law Firm. We eagerly help landlords and their agents with the eviction process. Call us for a free telephone consultation at 630-780-1034 or fill out the attached online contact form. The landlord will not have to appear in court. We can conduct everything virtually, including signing the key paperwork, complaint, engagement letter, and other paperwork and invoices.