PLANO, ILLINOIS EVICTION PROCESS

 Posted on December 12, 2022 in Landlord Eviction

Plano, Illinois Eviction Procedures for Landlords

This article discusses the residential eviction process in Plano, Illinois, County of Kendall. Eviction law prohibits evictions by force. The Forcible Entry and Detainer Act (“Eviction Law”) is the applicable law governing the landlord and tenant eviction process. There is a two-prong process for evictions in Plano, Illinois.

Illinois Forcible Entry and Detainer Act

The Illinois Forcible Entry and Detainer Act (sometimes called the “Illinois Eviction Act”) is a state law that sets forth the procedures for evicting tenants from rental properties in Illinois. The law applies to both residential and commercial properties and covers issues such as the reasons for which a landlord may evict a tenant, the required notices and court procedures, and the rights and responsibilities of both landlords and tenants during the eviction process. The Act is intended to provide a fair and orderly process for resolving disputes between landlords and tenants, and to protect the rights of both parties.

What does a Plano IL Eviction Lawyer Do for a Landlord?

An eviction lawyer specializes in handling legal matters related to the eviction of tenants from rental properties. This can include drafting eviction notices, representing landlords in court, and advising landlords on their rights and responsibilities under the Illinois Eviction Act.

Preparation and Service of the Eviction Notice

The first step in the residential eviction process in Plano, Illinois is the preparation and service of the eviction notice. There are two major eviction notices in the eviction process. The 5-day notice is the first eviction notice, which is a non-payment of rent notice. Simply put, the 5-day notice gives the tenant 5-days to pay the full amount of their rent, or the landlord has the right to void the lease and file an eviction case. The 5-day notice states that “partial payments” will not be accepted. The Landlord has a right to accept a partial payment prior to the expiration of the 5-day period. However, a partial payment after the 5-day period will invalidate the 5-day notice. 

The second major type of eviction notice is the 30-day notice. The 30-day notice terminates the month-to-month rental tenancy period for year leases. The 30-day notice occurs under the following circumstances:

• Landlord desires to give notice to a tenant that has a written lease expiring

• Tenant has overstayed the expiration of their written lease and the landlord desires to terminate the month-to-month rental tenancy

• Landlord and tenant (or family member or squatter) entered an oral lease where no rent was discussed. Examples of this include a girlfriend and boyfriend situation; a squatter that wrongfully is withholding possession of the premises

In Illinois, a 30-dy notice is a written notification that a landlord (or its’ agent) provides to another to inform them that they will be ending their tenancy or lease agreement within 30 days. The notice is typically given to the tenant by the landlord or a private process server, but it can also be given by the tenant to the landlord if they wish to end their tenancy early (if there is no written lease and the month-to-month tenancy is occurring). 

The purpose of the notice is to provide the other party time to find a new place to live. 

Methods of Service of Process

Under the Illinois Forcible Entry and Detainer Act, there are ways in which service of process can be accomplished in an eviction case. These include the following:

• Personal Delivery to the tenant of the eviction notice by delivering to a person of suitable age and discretion at the tenant’s residence (over age 13 and a household member) or the tenants themselves. The most common method of service is personal service in which the eviction notice is physically handed to the tenant by the sheriff or a process server (or the landlord or its’ agent). 

• Certified mail is not the preferred method but is an alternative method of service to personal service or delivery. Certified mail must be delivered with signature required or this method is ineffective. Service of process is ineffective for certified mail if a tenant or household member over the age of 13 years of age fails to sign the certified mail slip. 

In eviction cases, one of the primary requirements is proof of service must be provided to the court to show that the tenant was properly notified of the eviction notice and court process.

Commencing An Eviction Action Begins with a Complaint

In Illinois, an eviction complaint is a legal document that is filed in court to begin the process of evicting a tenant. The complaint typically outlines the reasons for the eviction, such as the tenant’s failure to pay rent or a violation of the terms of the lease agreement. After the complaint is filed, the lawyer will schedule a court date for the landlord and tenant to present their respective cases. The eviction complaint can seek money damages for back-owed rent through the date of move out by the tenant.

If the court finds in favor of the landlord, the tenant will be ordered to vacate the rental property within a certain period. An eviction lawyer can advocate for the landlord to return possession of the rental premises back cost-effectively and swiftly to the landlord. 

Order of Possession in an Eviction Case

In Illinois, an order of possession is a court order that allows a landlord to evict a tenant from a rental property. The order is issued by a judge after the landlord has filed an eviction lawsuit against a tenant, and it gives the tenant a specified amount of time to vacate the property. If the tenant does not vacate the property within the time specified in the order, the landlord or its’ attorney can forcibly remove the property of the tenant and return possession of the rental premises back to the landlord. The landlord or its’ attorney must first initiate the eviction process by the Kendall County Sheriff’s Office. The Kendall County Sheriff’s Office will summarize the procedures of eviction and give the landlord a move out date where the forcible eviction will be entered. The tenants will receive notice of the pending eviction, so they are informed of the pending eviction to avoid a surprise eviction.

Contact a Landlord Eviction Attorney Near Me in Plano, Illinois by calling Landlord Evictions LLC

Landlord Evictions, LLC is in Yorkville, Illinois nearby Plano, Oswego, Newark, Bristol, Boulder Hill, Plainfield, and Joliet, Illinois and nearby cities in Kendall County and surrounding counties. We offer a free phone consultation at 630-780-1034 or contact us through our website.