Real Estate Eviction, Estate Planning, and Asset Protection Legal Consideration for Geneva and Kane County Real Property Attorneys

 Posted on March 23, 2023 in Residential Landlord Evictions

Landlord Evictions, LLC is a real estate law firm specializing in eviction actions for landlords, property owners, and real estate investors. We handle real estate transactions and landlord evictions in the Kane County area, particularly in Geneva, Batavia, North Aurora, Elburn, Montgomery, Aurora, Sugar Grove, and surrounding areas. The Kane County eviction court is unusual. The eviction process is complex, with tenants having 28 days to file responsive pleadings and mediation being mandatory for the parties involved (when one party, such as the tenant, requests it). After the initial 28-day period, if the parties have been unsuccessful t resolving their matter, they return to court on a Thursday and set the case for trial (at the next court date). Admittedly, mediation is often successful when coupled with an experienced landlord eviction attorney assisting the landlord in achieving a good outcome.

The law firm has significant experience navigating the Kane County system, which requires multiple e-filings and court filings. The mediation program's primary goal is to assist the parties in finding mutually beneficial alternatives to the court system. After the initial 28-day period, if the parties have not successfully resolved their matter, they return to court on a Thursday and set the case for trial. If the tenants fail to file an appearance, appearance, and or otherwise file other pleadings, the tenants may face a default judgment. A default judgment is a judgment that is granted to a party, giving that party the relief that they are seeking. The downside to a default judgment is the time to resolve the Kane County case.

Landlord Evictions, LLC aids landlords and property owners deliver these eviction notices correctly and efficiently, promptly processing landlord evictions. Rental property evictions are complex legal proceedings challenging in Geneva, Kane County (Illinois). The Kane County Courthouse hears eviction cases twice weekly, Tuesdays and Thursdays, and has a usual court call.

Eviction Notices in Illinois

Three types of eviction notices are used the most often. The first type of eviction notice is a 5-day notice. The 5-day notice is usually a non-payment rental notice because it is used when a tenant has yet to pay the total rent or is slowly paying. The 5-day notice is required because the law desires to give the tenant a grace period before a landlord may commence an eviction 0proceeding.

The second type of notice is a 30-day notice. The 30-day notice gives the tenant sufficient time to find an alternative living place. The basis of the 30-day notice is to terminate the monthly rental term. Generally, 30-day notices are used when a tenant has overstayed the initial lease term and remains in possession of the unit. Thus, the tenant and the landlord have a monthly rental lease extended until the landlord or tenant terminates the monthly lease situation. The theory behind the 30-day notice is granting the landlord or the tenant sufficient time to find a suitable renter or place to live. Another example of the use of a 30-day notice is when a family member or significant other is renting (or staying) in the premises without a specific rental agreement. For instance, family members rent a room to friends or family members without a typical monthly rental arrangement. The alternative example is when a tenant and a landlord enter into an oral agreement, which is construed as a month-to-month rental agreement.

The third primary eviction notice is a ten-day notice. A ten-day notice is utilized when a material term of a written lease is violated. An example of the use of a ten-day notice is when a tenant has a pet on the premises, which violates the terms of the written lease. An alternative example is a domestic disturbance occurs or a tenant is a nuisance to the apartment building.

Process Service Methods in Residential Eviction Cases

The service of process is the authorized delivery of the eviction notice. There are two primary methods a landlord or their agent should use to deliver an eviction notice to their tenant. The first method is delivery by certified mail. Delivery by certified mail means that a landlord or their agent provided the eviction notice through the mail. To be effective, the certified mail notice must require the tenant (or their household member over 13 years of age) to sign the certified mail slip. A tenant or their family member must sign the certified mail slip to ensure adequate eviction notice delivery.

The second method is to deliver an eviction notice by hand or "personal service." Personal service means that the landlord or their agent handed the eviction notice to the tenant or their householder member (over 13 years of age). Personal service is the most effective delivery method of eviction notice(s). Generally, a private process server will provide an affidavit of service, a sworn statement evidencing that the landlord or its agent has delivered the tenant the purported notice. However, giving eviction notices is a complex topic because tenants often purpose evade process servers and the delivery of the eviction notice. In these circumstances, it is best to seek the counsel of a wise and experienced eviction attorney. 

Geneva and Kane County Rental Property Lawyers

Rental property owners must understand the eviction process and hire an experienced Kane County eviction process. The court in Kane County is a unique court system requiring an attorney team that understands the eviction process. Call the Landlord Evictions, LLC team at 630-780-1034 or complete the online contact form.

Landlord Evictions, LLC provides a full-service shop for rental property owners and landlords. In addition, we provide legal services such as the following:

• Real Estate Closings: Purchases and Sales of Real Estate
• Living Trust and Estate Planning
• Asset Protection for Real Estate Investors and Landlords
• Business formation services include establishing LLCs, Series LLCs, and other alternative business entities and trusts to protect rental properties.