Romeoville Commercial Eviction Attorney: Will County Commercial Eviction Process

 Posted on January 13, 2023 in Residential Landlord Evictions

This guide is intended to assist landlords who own commercial rental properties in Romeoville, Illinois, which is in the Will County. Since the advent of the COVID-19 pandemic, the eviction procedure has significantly increased in complexity, making it more and more crucial to hire a qualified eviction attorney. The Forcible Entry and Detainer Process, sometimes known as an "eviction," provides pertinent information on the eviction laws and processes in the State of Illinois.

All sorts of business owners are susceptible to sales declines and financial difficulties. Unfortunately, when this occurs, the landlord may find themselves in a challenging situation. On the one hand, commercial property owners may be ready to wait out a quiet season for a delinquent business tenant since they are aware that it is typically simpler to maintain an existing tenant than it is to acquire a new one.

On the other side, the investor's earnings may be reduced by the missed payments, to the point where it puts them at danger for developing their own financial issues. Because of this, it's critical for investors to grasp the eviction procedure for a commercial tenant who is late on their rent and to carefully assess their choices before proceeding with the action.

FACTORS TO CONSIDER BEFORE EVICTING A COMMERCIAL TENANT

Although you alone must finally determine if eviction is the best course of action in any circumstance, there are a few factors you may want to consider before starting the eviction process. These may consist of the:

1. rental and payment history of the tenant.

2. lease's duration with the tenant.

3. duration of the tenancy now.

4. cost of any necessary maintenance or upgrades.

5. local economy, especially in regions suffering from a recession or a seasonal lag.

6. the period during which, in the event of an eviction, the property may be vacant.

7. potential tenant pool, if eviction occurs, and the tenant's business type. For example: if it is a seasonal company, it may recover in the next quarter.

Whatever decision you choose, there are some actions you should take to lower your chance of financial loss and future difficulties. You should, first and foremost, seek the advice and help of an experienced commercial eviction attorney in Romeoville, Illinois. Landlords are typically aware of the eviction proceedings in Romeoville and the surrounding communities of Will County. Illinois state law prevents landlords from locking out tenants or carrying out self-help evictions when a commercial eviction is necessary.

The Gateville Law Firm helps with the commercial eviction process in Romeoville and neighboring areas within Will County. Our eviction attorneys have years of experience and are qualified to assist with the proper procedures.

STARTING THE COMMERCIAL EVICTION PROCESS IN ROMEOVILLE AND WILL COUNTTY

A commercial renter must be evicted differently than a residential one. The method is firstly much more complicated. Second, the procedure might change depending on the kind of company using the space. Finally, if you make a mistake during the commercial tenancy eviction procedure, you run the danger of suffering a considerable loss in cash resources as well as potential reputational harm.

Commercial landlords are encouraged to speak with an attorney before pursuing any kind of action against a non-compliant commercial renter because of the significant risks and intricate legal procedures involved. This not only lessens the chance of making a mistake, but it may also assist the investor in making a choice based on business demands rather than any possible emotional attachments. The Gateville Law Firm provides assistance with the Will County commercial eviction procedure in Romeoville and surrounding regions. With years of expertise, our eviction lawyers are able to help with the right steps.

EVICTION NOTICES IN ROMEOVILLE AND WILL COUNTY

The eviction notices and its delivery to the renter mark the start of the eviction procedure in Romeoville and neighboring areas of Will County. In this process, 4 Four primary categories of eviction notices exist. 

The most typical kind of eviction notice is a 5-Day Notice, which serves to warn the tenant that they have five days to pay the rent or face the eviction procedure. A 30-Day Notice is a termination of month-to-month rent notice. When renters have broken the terms of the rental agreement, a 10-day Notice is used as a sort of eviction notice. A 7-day Notice is used when a tenant is on a weekly or seven-day rental term. To end the weekly renting arrangement, the landlord needs to provide the renter a 7-day notice.

A crucial element in the eviction process is the way the process is served. A person can get significant legal documents by being served with them. The idea behind the service is that individuals should have the right to know when there is a problem so they can fix it. Who is legally permitted to serve eviction notices and who is qualified to receive them form the second pillar of the service procedure.

In Illinois, a licenced professional with this authority is known as a private process server. The first eviction document does not need to be served by a licensed private process server. Anyone who is at least 18 years old can give a renter a notice of eviction. The landlord or its representative, such as a private process server, must physically deliver or at least make an attempt to deliver the eviction notice to the tenant in order for it to be legally served.

Any authorized person who is 13 years of age or older may get services from the landlord or the landlord's agent. If a tenant is over the age of thirteen, the landlord or its representative may serve them with a notice of tenancy. There is a lot of uncertainty about what constitutes proper serving of an eviction notice in the realm of process service. The eviction complaint must be served by a local sheriff's deputy or a certified private process server in the county where the lawsuit is filed, unlike the eviction notice.

SERVICE ON COMMERCIAL ENTITIES

Service on a business or LLC is handled differently from service on a person. The registered agent for the company or LLC in the State of Illinois shall be the Landlord or its agent. A person or organization designated by a company or LLC to receive notice of legal actions is known as a registered agent.

Delivery through registered or certified mail with a signature request constitutes the second way of service. Simply defined, this implies that the landlord or its representative must send the tenant an eviction notices through certified mail or registered mail. The renter must sign the letter that is enclosed with the certified mail notice or registered mail. The service procedure is useless if the tenant refuses to sign the certified mail notice or pick up the certified mail notice.

A private process server is the most efficient way to deliver an eviction notice in Romeoville and the surrounding regions of Will County. A private process server will make up to five tries, or roughly this many, to serve the tenant. The private process server's job is to effectively serve the tenants with the eviction notice. Another crucial step is for the private process server to create an affidavit of service outlining how they delivered the eviction notice to the tenants and who received it, including their name, age range, and time and date of delivery.

FILING A COMPLAINT IN ROMEOVILLE WITH AN EVICTION ATTORNEY: WILL COUNTY EVICTIONS

In Romeoville and the neighboring regions of Will County, the Gateville Law Firm supports landlords, rental property owners, and their agents with the eviction process. The landlord has the right to file a complaint against the renter to evict the tenants after the period specified in the eviction notice has passed. The creation of a complaint marks the official commencement of the eviction procedure. The nature of the eviction issue, the relevant conditions of the rental agreement, and the manner and timing of the landlord's or its agent's service of the proper eviction notices on the renters and other occupants are all described in the complaint, which is a legal document.

The following prayers for relief will be included in the eviction complaint filed in Romeoville and Will County: 

• the right to enter a judgment against the Defendant Tenants for a certain number of damages, including past-due rent, late fees, reasonable legal expenses, and court costs. 

• and the transfer of ownership of the property back to its original owner.

A landlord may only file a possession lawsuit in Will County. When the landlord is merely asking for possession of the property, this is relief. Because a possession-only claim does not include a demand for rental damages, possession-only evictions can cost less to file in Will County. One of the most common eviction scenarios that call for possession-only orders are cases of foreclosure. A foreclosure case occurs when "unknown tenants" inhabit the apartment or home and there was no written lease between the landlord and the tenant. This might happen in the event of an eviction of a friend or member of the family when no agreed-upon rent was paid. In a foreclosure case, a landlord who bought the property at an auction may be involved.

A situation where the landlord believes the renter is not creditworthy and wants to avoid incurring more court fees or an eviction involving a squatter, where someone or a group is occupying the property illegally are alternate scenarios.

The conditions mentioned above are instances of why submitting a possession-only complaint may be appropriate. The second and most typical kind of eviction complaint includes a demand for monetary compensation and the restoration of the property i.e., possession. A claim for rental damages asks for compensation up until the date of ownership.

The period that a Will County Judge will provide the tenant to lawfully remain at the rental premises without departing and giving the property back to the landlord is known as the date of possession or order of possession. If properly pled, the landlord may lawfully move the eviction court order to the Will County Sheriff's Office for the forcible eviction of the renters and unknown occupants after the order of possession expires or the allotted period.

CONTACT AN COMMERCIAL EVICTION ATTORNEY FOR ROMEOVILLE AND WILL COUNTY

For knowledgeable advice and support when dealing with a non-paying commercial tenant, contact Gateville Law Firm. Our Romeoville and Will County commercial eviction attorneys, some of the most reputable real estate attorneys in the state, can safeguard your company's interests at every stage of the process. Get in contact with our legal team right now by dialing 630-780-1034.