Residential Eviction Procedures in Plainfield & Nearby Communities

 Posted on August 03, 2022 in Residential Landlord Evictions

Residential evictions are complex matters for landlords and real estate investors. At Landlord Evictions, LLC, our attorneys, and staff specialize in Landlord Evictions exclusively representing Landlords. In this blog article, we will discuss the eviction process in Will County and Kendall County. Both counties have similar processes in place.

The first step in prosecuting a residential eviction or otherwise known as a forcible entry and detainer is delivery of the eviction notice. The most common eviction notices are the thirty (30) and five (5) day notices. There is also a seven (7) and ten (10) day eviction notice. We will not discuss the later two eviction notices in this article.

Thirty Day Notice for Termination of Month-to-Month Rental Tenancy

The first type of eviction notice is a thirty (30) day notice, which terminates the month-to-month rental tenancy. The 30-day notice is common when a residential lease has expired or the landlord and the tenant set-up an oral lease from the beginning of the rental tenancy. The purpose of the 30-day notice is to inform the tenants that the month-to-month rental tenancy is being terminated and they must find a new place to live. In many instances, the landlord has informed the tenants that they will not renew the lease, or that the tenants should find a new place to reside. However, in many circumstances, the landlord fails to properly give the tenants effective notice under Illinois law. Notice by text message, email, and/or verbal communication is an ineffective method of terminating a month-to-month rental tenancy. The Landlord can give the tenants a greater length of time than thirty (30) days’ notice. The minimum length of time is a thirty-day notice under Illinois law.

Five-Day Eviction Notice

The second and most common eviction notice is a five-day eviction notice. The five (5)-day eviction notice serves the purpose of informing the tenants that they owe a certain amount of money. The tenants have five (5)-days to pay the entire amount of the back owed rental fees plus late fees or face the prospect that the landlord will void the remainder of their lease and seek an eviction proceeding in open court.

The 5-day notice is a non-payment of rent notice. The 5-day notice must have the property address including apartment number (if appropriate), the amount of the back owed rent due, and notice that the landlord will not accept partial payment (only full-payment). The five-day notice begins after the tenant has been served with the five-day notice. The landlord may not commence an eviction proceeding against the tenants until the tenant has been served a copy of the five-day notice.

Simply put, the five-day notice gives the landlord the ability to terminate the written lease if the tenant does not pay the full amount in the five-day eviction notice. However, the option of how to proceed is the landlord’s decision because the landlord has the option of working with the tenant (to come into full compliance with the monetary damages). 

There are two effective methods of service for the above-written eviction notices. 

Personal Service

Personal service is a method of serving an eviction notice. The landlord, an agent of the landlord, or a private process server may personally serve the eviction notice to the tenants. Landlords should be careful about personally delivering the eviction notice because disputes occur, and order of protection proceedings have commenced due to disputes that have arisen between the landlord and tenants. A friend, property manager or professional process server are recommended to deliver the five-day or thirty-day notices.

A private process server is a licensed professional that serves papers or eviction notices for a living. A private process server is licensed and trained in the effective delivery of eviction notices and has success at personally serving tenants that are difficult to serve. Effective service may include giving the eviction notice to the tenants on the lease or a member of their householder that are 13 years of age or higher. A member of their household means that the person resides on the premises and is not a family friend visiting for the day.

Tenants are not required to write that they received the notice or even accept the notice. The key attribute is the landlord or landlord’s agent (or private process server) must attempt to hand the eviction notice(s) to the tenants. There are a lot of grey areas of what constitutes “effective service” and an attorney, and its’ support staff can assist you.

A primary reason to use a private process server is to minimize the ambiguity of what constitutes effective personal service. In many instances, tenants have been empowered after covid and purposely evade service. We strongly recommend the use of private process servers.

Certified Mail with Return Receipt (Signature Required)

The second type of service of process is mailing the eviction notice with a return receipt and signature required. The signature required is mandatory for certified mail to be effective in personal service. With certified mail, the tenant must sign the certified mail copy. If the tenant fails to accept and sign the certified mail slip, personal service has not been achieved.

Delivery of an eviction notice through email, text message, and/or oral communication is ineffective. The most eviction method of service of an eviction notice is personal service.

Oswego and Plainfield Landlord Eviction Attorneys in Kendall County and Will County

Landlord Evictions, LLC concentrates in residential evictions exclusively on behalf of landlords. We do not represent tenants. We process evictions in Plainfield and nearby areas including the following:

• Joliet

• Plainfield

• Shorewood

• Yorkville

• Newark

• Minooka

• Morris

• Channahon

• Oswego

• Plano

• Aurora 

• Montgomery

• Kendall County

• Will County

• Grundy County

Contact a Kendall County and Will County Landlord Eviction Attorney

Our law firm can guide you in a residential eviction involving a difficult or non-paying tenant(s). Residential evictions are complex, especially with new covid rules and court procedures that constantly change with new laws and regulations. If you need to reach us, contact us online or call us at 630-780-1034. We offer free telephone consultations for landlords throughout Kendall County, Will County, and Grundy County (and other nearby counties), including Joliet, Crest Hill, Plainfield, Naperville, Oswego, Bristol, and nearby communities.