Sandwich Eviction Lawyer: The Eviction Process 101 for Landlords

 Posted on January 27, 2023 in Landlord Eviction

This blog will discuss the DeKalb County Circuit Court and the Sandwich, Illinois eviction process for landlords. The Forcible Entry and Detainer Act, 735 ILCS five-ninths (hereinafter referred to as “Eviction Statute”), is the statute that addresses the eviction process in Illinois. The requirements for the eviction process are set-forth in the Eviction Statute. We will discuss the multiple steps landlords must do to conduct an eviction in Sandwich, Illinois.

1st Step: Eviction Notice is Required

There are several types of eviction notices in the eviction process. Here are the following eviction notices in residential evictions:

• Thirty (30) Day Notice

• Five (5) Day Notice

• Seven (7) Day Notice

• Ten (10) Day Notice

Depending on the situation, the landlord should serve at least one of the following eviction notices to the tenants and unknown occupants. The first step in the eviction process is the delivery of the eviction notice to the tenant. We highly recommend personal service, which is the hand-delivery of the eviction notice to the tenant(s). The second type of authorized service of process is certified mail with a signature required. The certified mail requirement requires that the landlord mail a certified copy of the eviction notice to the tenant. The certified mail notice must require the tenant to sign the certified mail slip. Without the signature required mail slip, the certified mail option will be invalid. If the tenant (or a household member at least 13 years of age or higher) does not sign the certified mail slip, then the certified mail delivery method will be ineffective. Landlords should not post the eviction notice on the door nor text or email the eviction notice(s) because these methods are ineffective. The Eviction Statute describes the appropriate methods to serve eviction notices, which are the certified mail slip (signature required method) and the personal delivery of the eviction notice method. These are the two methods of service of the process approved by the Illinois courts.

The first type of eviction notice is the thirty (30) day notice. The thirty-day notice is a written eviction notice giving the tenants notice that the landlord desires to terminate the rental tenancy. The notice is described as a 30-day notice because the landlord must give the tenants at least a 30-day notice of the rental tenancy termination. The landlord may give the tenants sixty (60) days or some longer period to move. The key concept is the landlord must give the tenant at least a 30-day notice to terminate the month-to-month rental tenancy. The second type of eviction notice is the five (5)-day notice. The five (5) day notice gives the tenant five (5) days to pay the entire rent due or face the prospect of eviction. The five-day notice gives the tenants five (5) calendar days (and includes weekends). It is crucial that after delivery of the eviction that the landlord will not accept any partial payments, or it may invalidate the rental notice. The third type of eviction notice is the seven (7) day notice, which is used on a week-to-week rental basis. The 7-day notice is like the 30-day notice, and it terminates the week-to-week rental tenancy. The tenant must move out at the end of the seven (7) day period or face eviction proceedings. The final type of eviction notice is a ten (10) day notice, which is described as a non-compliance notice because the tenants have violated a material term of the rental lease agreement. The ten (10) day notice can either give the tenants ten (10) days to comply with the rental lease or face eviction or the landlord can require the tenants to move out after ten (10) days due to their non-compliance with the rental lease.

2nd Step of Eviction Process: Starting an Eviction Lawsuit

In Sandwich, Illinois, the second step in the eviction process is filing an eviction complaint at the Circuit Court of DeKalb County. This step requires the landlord to e-file the eviction complaint, which is difficult for most landlords that do not regularly file court cases. An eviction complaint is a legal document that describes the specific violations of the terms of the oral or written lease that the tenant(s) and unknown occupants have violated. The eviction complaint also should describe how and when the eviction notices were served because the Eviction Statute requires that the eviction notices be served, and the tenants have the time allowed by the Eviction Statute to comply with the terms of the notice before filing the eviction complaint.

In addition to the eviction complaint, a summons is required to be submitted as well. A Summons is a document that describes the court date; time; and where to attend court and describes important rights as well. The Illinois Supreme Court has a rental assistance notification that is currently required to be delivered to the tenants in an eviction case. The complaint and summons should be served together in the eviction case.

Sandwich Landlord Eviction Lawyers: Protecting Landlords and Protecting Your Legal Rights

Landlord Evictions, LLC is an eviction law firm specializing in assisting residential landlords with the landlord-tenant dispute process in Sandwich and DeKalb County, Illinois. Our offices are in Yorkville, Illinois and we offer our eviction services via the phone or zoom. We have payment methods where we email you the invoice and we offer electronic payment systems, and we have your signature electronically signed via DocuSign. We are happy to talk with you about your case over the telephone at 630-780-1034 or contact us online and we are happy to call you.