Home Garden

Steps to Eviction in Illinois

If you are having issues with a problematic tenant in Illinois, the Illinois state statutes provide a method of legal recourse for dealing with the legal process of eviction. Evicting a tenant from your home allows you to regain the full legal possession of the home and gives you the opportunity to rent the property to a tenant who will not cause problems.

Instructions

    • 1

      Start the eviction process by personally serving your tenant with a written notice of termination. Illinois landlord tenant law permits evictions when the tenant is delinquent on rent, when he does not follow the lease terms, at the end of a month to month lease or if he causes damage to the property.

      Illinois uses several different termination notice periods, depending on the specific eviction reason. A tenant gets a five day notice and an option to pay the rent if he is behind on rent. A ten day notice is given, without the requirement for a cure, for lease violations. A 30 day notice is used for terminating a month to month lease.

      The landlord can serve this notice directly to the tenant, to someone older than twelve years old at the property or through certified mail.

    • 2

      Go to the Court Clerk's office for your Illinois county if your tenant has not vacated the premises or remedied the situation. Fill out an eviction complaint and summons form with the clerk. Go to the Sheriff's office with the complaint and summons form to arrange for a summons for the tenant .

    • 3

      Arrive at the court when you are scheduled for your first appearance. Bring copies of the written notice, summons, eviction complaint and lease agreement. If the tenant does not show up, you will usually be awarded a default judgment. Otherwise a trial is scheduled.

    • 4

      Attend the next scheduled hearing if you do not receive a default judgment. Present your copies and any other evidence or witnesses who can back up your termination decision. If you win this trial, you'll be granted the eviction and a money judgment if back rent is an issue.

    • 5

      Go to the Sheriff's office if the tenant has not left the rental unit in the time given by the court. Typically the tenant receives 14 to 21 days after the trial to move out of the residence. The sheriff will go to your property and legally evict the tenant from your home. You can change the locks and begin marketing the house to other tenants.