Sheriff’s Eviction in Kendall County

 Posted on March 29, 2023 in Eviction Attorney

Being a landlord can be extremely challenging at times. An eviction may be required when tenants do not pay or follow their lease agreement. Even after the proper notices have been served to tenants, they may ignore it and hold their stance on your premises. If this is the case, a Sheriff's Eviction may be needed. This article will walk you through the legal procedures and requirements of a Sheriff’s Eviction in Kendall County so you can decide if it is the best option for your case. 

Procedure

Before the Kendall County Sheriff's Office can evict a tenant, they require a certified copy of the judgment order, which they will post on the premises along with their eviction letter. 

Once the Kendall County Sheriff's Office has received the judgment order, they will require a Civil Process Fee. A Civil Process Fee is non-refundable and totals $59.50; it is due before the initial service of notice of the eviction, and it will be applied towards the overall $285.00 fee. 

After receiving the judgment order and Civil Process Fee, a Kendall County Sheriff's Office Deputy will serve the judgment order and eviction letter on the primary tenant or anyone over 13 who also occupies the property. If no occupants are present or refuse to accept the service, the deputy will post the documents on the property. 

While in an ideal situation, the tenant would immediately evict the premises after receiving the order, this is only sometimes the case. For example, suppose a tenant does not vacate the property by the stay date, which is stated in the judgment order. In that case, Kendall County Sheriff's Office will schedule an eviction and post a final eviction notice with the judgment. This applies if immediate possession was granted, but you do not believe the tenant will follow the court order to vacate. 

Kendall County Sheriff’s Office Requirements

Kendall County Sheriff's Office has a few requirements that the landlord must meet during an eviction. These requirements are essential to follow and understand, as failure to do so may result in a postponed or canceled eviction. 

To enter the premises, a landlord will need to acquire a locksmith. This is one hundred percent the landlord's responsibility. Please obtain a locksmith by the eviction date to avoid a delayed eviction. Kendall County Sheriff’s Office is not liable for any damage the locksmith induces.

After entering the premises, you must place all the tenants' personal belongings and property on the parkway or curb. A plastic sheet/tarp must be placed underneath all the belongings. Smaller items that may be easily lost should be placed in a garbage bag. As the landlord, you must supply all plastic coverings and garbage bags. If any belongings are damaged or lost, Kendall County Sheriff’s Office will not be liable, so it is essential to be careful with all the occupant’s belongings. 

The deputy is only present at the eviction to keep the peace. They will not aid you in removing any of the tenant's belongings. Once the possession of the property is turned over to you, Kendall County Sheriff’s Office will no longer be responsible for any further action that may be taken. 

Once all belongings have been removed, Kendall County Sheriff's Office will post "No Trespassing" signs outside the property if the landlord requests. 

Costs

A sheriff’s eviction is not free and comes with several costs. The total charge for eviction by the Kendall County Sheriff's Office is $285.00. In addition, a non-refundable fee of $59.50 is due before the initial service of notice of the eviction; however, it will be applied to your total cost ($285.00).

Contact the Sheriff's Civil Process Unit if an eviction must be canceled. This must be done at least one business day before the scheduled removal. If you cancel at least one full business day before the eviction, you will not be charged additionally, except for your non-refundable Civil Process Fee; however, if you do not cancel a full business day in advance, you will be charged the total $285.00. If you want to reschedule your eviction, the process will restart, and all fees will be charged again. 

Sometimes evictions do not run as smoothly as one may intend. For example, additional fees will be charged if the eviction runs over 4.5 hours. These charges include a $9.20 civil processing fee and $64.82 per each extra hour the deputy spends at the eviction.

Eviction Attorneys in Kendall County

Landlord Evictions, LLC specializes in Kendall County and nearby evictions exclusively for landlords. We can be reached at 630-780-1034 or via our online contact form.