Understanding the Basics of Commercial Real Estate Evictions in Illinois

 Posted on December 00, 0000 in Forcible Detainer

Most commercial tenant-landlord relationships are fairly uneventful. However, there are circumstances in which a landlord must evict their commercial tenant. Generally due to a breach of contract or failure to pay rent in a timely manner, this process can be legally complex. Whatever side you fall on – landlord or tenant – it is important to know how commercial real estate evictions in Illinois work, and how an experienced commercial real estate attorney can help you with the process.

Commercial Evictions Are Governed by Law

When tenants and landlords enter into a commercial rental agreement, they typically do so through a legal contract. Contained within are certain guidelines, agreements, and expectations for property use, rental payments, property maintenance, and any other pertinent details. If a tenant violates any part of this contract, they become subject to an eviction. Landlords must pursue this process in accordance with the law. Specifically, commercial evictions are governed by the Forcible Entry and Detainer Act (735 ILCS 5/9-101), which outlines a timeline and procedure for evicting commercial tenants.

The Legal Eviction Process for Commercial Properties

When a landlord wishes to evict their commercial tenant, they must first provide the tenant with a written notice that explains the reason for the eviction and gives a fixed amount of time to resolve the issue. If, for example, the tenant is being evicted for non-payment of rent, the landlord must notify them as such and then give them a date by which he past due amount and any applicable late fees must be paid. If the tenant fails to comply within this time frame, the landlord then has the legal right to move forward with the eviction process.

In moving forward, the landlord must file a petition with the court, serve court documents to the tenant, and then attend a scheduled court hearing. If a ruling is made in favor of the landlord, or if the tenant does not appear in court to defend their right to continue to occupy the establishment, the tenant will be given a short period of time to vacate voluntarily. The tenant may also be held liable for any expenses incurred by the landlord (i.e. court fees, attorney fees, unpaid rent, damages to property, etc.)

Potential Complications during Commercial Evictions

Because they are governed by law, there are many issues that can arise in commercial evictions. Often, these are used as arguments by business owners in the eviction process and, in some cases, may have the request for eviction completely thrown out. Some of the most common include premature filing of the court documents, failure to provide proper notice, or failure to comply with certain verbiage requirements on the notice. Another common issue is when landlords fail to send notices and court documents through an affidavit of service, which requires a signature upon acceptance. Without it, the tenant can try to claim they did not receive their notice and, thereby, should not be evicted.

At Lindell & Tessitore, P.C., we work with both landlords and tenants in commercial litigation cases. Skilled and experienced, we protect your rights and ensure your eviction notice is in compliance with all legal requirements. As a landlord, this reduces the chance of a failed eviction. As a tenant, it ensures you are not wrongfully evicted. Contact our Naperville commercial litigation attorneys today to find out more about how we can assist with your tenant-landlord eviction case. Call 630-778-3818.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=073500050HArt.+IX&ActID=2017&ChapterID=56&SeqStart=65800000&SeqEnd=73500000