Sugar Grove Eviction Lawyer: Eviction Process for Landlords in Kane County

 Posted on January 11,2023 in Eviction Attorney

This article is intended for landlords and property owners in Sugar Grove, Illinois. In this article, we will discuss the eviction process in Kane County from a landlord's perspective. The beginning process for eviction in Kane County, Illinois is determining the appropriate eviction notice to serve the tenant(s).

Eviction Notices

There are four types of eviction notices in Sugar Grove, Illinois. Here are the four types of eviction notices:

• Five-Day Eviction Notice. The Five-Day Eviction Notice is an eviction notice intended for tenants that have failed to pay their rent. The five-day notice is a non-payment of rent notice and is the fastest way to begin the formal eviction process in Sugar Grove. 

• Ten-Day Eviction Notice. The Ten-Day Notice is a non-compliance eviction notice. Non-compliance means that a material term of the residential lease was violated. An example of a non-compliance violation is significant property damage or criminal behavior. Another example of non-compliance is additional tenants moving into the premises, which are not intended to be living at the premises.

• Seven-Day Eviction Notice. The Seven-Day Eviction Notice is intended for tenants that have a weekly rental arrangement at a local hotel (or property). The Seven-Day Notice may either involve non-payment of rent or termination of the rental lease agreement. The Seven-day notice also may be used for non-compliance with rental terms when one has a weekly rental tenancy.

• Thirty-Day Eviction Notice. The Thirty-Day notice is the type of notice used to terminate a yearly or monthly lease agreement. If a lease is for one year, the appropriate notice to end the month-to-month rental tenancy is a 30-day notice. The 30-day notice is also used when a landlord wants to end the month-to-month holdover rental tenancy when a tenant stays beyond the expiration of the written lease term. There is an oral lease, and the lease period is presumed to be month to month until either party gives the other party notice that they want to terminate the month-to-month tenancy.

Service of Process

There are two methods for effectively delivering an eviction notice in Sugar Grove, Illinois. The first way is by personal service. Personal service means that the tenant was handed the eviction notice by hand delivery. Hand delivery means that the landlord or its agent handed the tenant a copy of the notice. The tenant must not accept the notice nor have accepted the notice. The key element here is there were no obstacles between the landlord and tenant when the landlord (or its agent) attempted to hand the eviction notice to the tenant(s). 

The second manner to deliver an eviction notice is by certified mail. Certified mail must be with the signature requested. Signature requested means that the certified mail must have the tenant or their household member greater than 13 years of age sign the certified mail slip. Without the signature of the tenant (or their household member above 13 years of age), the eviction notice is ineffective.

Service of process is critical in an eviction case because the tenant must be notified of the lease violation. Hiring an eviction law firm to assist you with the preparation of the eviction notice and the service process of the eviction notice is a straightforward way to comply with the law. The Illinois Forcible Entry and Detainer Act has rules, which must be followed in the eviction case to properly evict the tenant(s).

Filing of an Eviction Complaint

The next step in the eviction process is the filing of an eviction complaint. A complaint is a legal document that describes how and why the landlord has complied with the law and the basis of the eviction. The eviction complaint is two types. The first type is possession only. A possession complaint is where the landlord is seeking the tenant to return possession of the property to them. There are no monetary damages sought in a "money-only" complaint. The second type of complaint combines money damages and possession claims. Money damages mean that the landlord alleges that the tenant has breached the rental agreement and wants back-owed rent and other damages because of the breach of contract. Money damages may include reasonable attorney's fees and court costs if the written residential lease has a default provision, which allows the entry of reasonable attorney's fees (in the event of one party's default).

Contact a Sugar Grove Eviction Attorney for Landlords

Landlord Evictions, LLC assists property owners, real estate investors, and landlords process evictions in the County of Kane and nearby counties. Our attorneys and staff specialize in landlord evictions representing the interests of landlords. We also understand the complexity of Kane County evictions, which are different from nearby counties. Call us today at 630-780-1034 or via the online contact form. We assist landlords in Kane County including the areas of Elburn, St. Charles, Geneva, North Aurora, Batavia, and nearby areas.