Plainfield Commercial Eviction Attorney 

 Posted on January 10, 2023 in Residential Landlord Evictions

This article discusses the landlord and tenant process, otherwise known as the “forcible entry and detainer process,” as outlined under 735 ILCS 5/9-101. The forcible entry and detainer process outlines the law regarding evictions in Illinois. There are several reasons for commercial evictions in Illinois. Here are some reasons for commercial evictions:

• Non-Payment of Rent

• Non-Compliance issues such as property damages, pet issues, criminal issues, or other issues

• Termination of the Rental Tenancy (expiration of 1-year lease or holdover on a month-to-month rental tenancy)

Will County Landlord Evictions

The Will County Landlord Eviction Process is a three-prong process. The first step is the preparation of the eviction notice. There are three (3) major eviction notices related to commercial evictions:

• Ten-Day Notice serves the purpose of providing notice to a tenant that they have either 10 days to fix non-compliance issues of a material term of the written lease or move out within 10 days due to the breach of material terms of the written lease agreement.

• A five-Day Notice is a type of notice, which is a non-payment notice. The five-day notice gives the tenant five (5) days to pay the full amount of rent. If the tenant fails to pay within five (5) days, the tenant may commence eviction proceedings.

• Thirty (30) Notice is for the purpose of terminating a month-to-month rental tenancy. Often, a written lease expires, and the tenant holds over and either party may terminate the rental tenancy in a legal way as devised under the Illinois Forcible Entry and Detainer Act.

Service of Process Methods in Plainfield, Illinois

Under the Illinois Forcible Entry and Detainer Act, there are two methods for service of process. The first method of service process is personal delivery. Personal delivery is delivering the eviction notice by personally handing it to the registered agent of the corporation or LLC. In Illinois, a registered agent is a person or entity that accepts legal documents and paperwork on behalf of a corporation or limited liability corporation. To properly evict a commercial tenant, the landlord or its agent must serve the tenant with a copy of the written eviction notice to vacate or to pay the rent in five days. 

After the notice is delivered, the landlord has the right to cancel the contract and begin eviction proceedings. A landlord must have a valid reason to evict and consulting a qualified eviction attorney is a wise decision. In Illinois business entity evictions, business owners have sole proprietorships, which essentially operate in their personal names. Often, it is wise to serve the individual business owner (tenant) and the business as well.

The second method of service process is certified mail with the return receipt requested. Many business entities have hired registered agents to accept service of process for them. Hence, the business has a company, attorney, and/or accountant that will accept legal papers on their behalf. To be effective, the tenant (or an employee older than 13 years of age) may accept the service of process for the business. Failure to sign the certified mail slip is grounds for dismissal of an eviction case because the service of process in delivering the eviction notice is ineffective.

Filing of an Eviction Complaint in Plainfield and Will County (Illinois)

The landlord may begin eviction proceedings in Illinois after the grace period for the eviction has expired. The legal document that gets filed is a “complaint”. In Illinois, a complaint is a legal document that describes the “why” for the eviction. The complaint should describe the reasons for eviction including how and what eviction notice(s) were served and the manner of service of the eviction notices. The summons is served in conjunction with the complaint and the summons gives the court details such as the date of court, and the time, and explains the basic rights of the Defendant. The return date described in the summons is the date of court. However, the return date is not always the court date because the return date is often an initial compliance date to make sure that the tenant has been served the summons and complaint. The Plaintiff may file a motion or motion the case up to an earlier court date.

Illinois commercial evictions result in disputed litigation more often than residential evictions. Hiring an attorney with the court and civil experience is important. Unlike residential evictions, commercial evictions were allowed during covid after the initial prohibition expired. Landlord Evictions, LLC is an experienced law firm that employs an attorney that handles the day-to-day paperwork while another lawyer primarily handles the court proceedings. This is important because we swiftly process paperwork, which expedites the eviction process as quickly as possible.

In Will County, there are two primary methods of commercial eviction. The first method is the possession-only case, which is solely seeking the rental premises back. The second type of case is a joint case or otherwise a combined money damages and possession of the property back case. The second type of case is where the landlord sues for unpaid monetary damages or back-owed rental damages, including unpaid rent, late fees, and/or reasonable attorney’s fees.

Order of Possession in a Commercial Eviction Case

An order of possession is a type of court order, which permits a commercial eviction. In Illinois, the Illinois Supreme Court has a standard eviction court order for all counties. Generally, the Judge gives the commercial tenant a period where they are legally able to remain on the premises. After this stay period, the landlord is authorized to forcibly give the eviction order to the Will County Sheriff’s Office and remove the commercial tenant. In many cases, the best strategy is to negotiate an agreed order, which gives the commercial tenant a certain period to move or face the instant process of an eviction. 

Generally, a landlord’s attorney gets an eviction order by commencing the court process. In most cases, the commercial tenant receives an eviction order after the first or second court date. However, commercial evictions result in briefing schedules, which may lengthen the eviction process. Briefing schedules mean that the commercial tenants are challenging the eviction and have hired a lawyer. This lawyer may commence counter-suit proceedings, which are arguments over the written commercial lease and its terms. Hence, the eviction litigation is derived from arguments about whether there is a “breach of contract”. 

A breach of contract is a litigation matter that is a dispute over whether one side fulfilled the terms of the written contract. Examples of a breach of contract include a failure to maintain the premises, to fix a roof or make repairs as outlined in the written contract, and/or other legal issues. If a breach occurs, the non-breaching party may seek damages including court costs and reasonable attorney’s fees. The non-breaching party (landlord i.e.) must have performed their obligations under the written lease. Hiring a qualified and experienced commercial eviction attorney is important. Landlord Evictions, LLC specializes in commercial evictions and can assist landlords with commercial eviction litigation.

Contact a Plainfield Commercial Eviction Attorney for Will County and Kendall Cases

Landlord Evictions, LLC specializes in commercial evictions on behalf of landlords. Landlord eviction litigation is a specialized area of law, which requires an experienced legal team. Our attorneys and support staff handle litigation proceedings involving evictions daily. Whether you have a Plainfield or nearby area dispute, Landlord Evictions, LLC handles commercial evictions in Will County, Kendall County, Grundy County, and nearby counties. To obtain a free phone interview, call us at 630-780-1034 or contact us through the online contact form.