Residential Evictions or Forcible Detainer Suits

 Posted on December 00, 0000 in Naperville Real Estate Attorney

By agreeing to rent property from a landlord, a tenant enters into a lease arrangement with that person. From a security perspective, it is preferable to establish such a agreement in writing, and a large number of landlord-tenant agreements are completed as such. However, the state of Illinois also recognizes verbal leases, which are much more informal, and are normally considered month-to-month arrangements for a unspecified period of time. Violations of written or verbal lease agreements can force a landlord to pursue eviction action against a tenant, and properly doing so often involves several steps.

Notice Requirements

Before moving forward with eviction, a landlord in Illinois is required to notify the affected tenant in writing. The amount of notice given is dependent on the situation and the violated terms of the lease propagating the eviction:

• Five Day Notice: A landlord looking to evict a tenant over nonpayment of rent must provide five days notice. If the tenant pays the full amount due within the specified five days, or before the landlord a summons and complaint, the eviction process will not continue.
• Ten Day Notice: Evictions based on any other reason than rent payment require ten day advance written notice. Such reasons often include noncompliance with the lease agreement and damage to the property, and a description of the reason being cited must be included on the notice. A tenant may rectify the issue or repair damage within ten days to avoid being forced to vacate.
• 30 Day Notice: Tenants with month-to-month leases and oral leases must be provided 30 day notice that they must vacate the premises. In such situations, justification is not required.
• No Notice: In the event a tenant has remained in the premises beyond the terms of the lease with no written or verbal agreement to stay, there no notice requirement before filing for eviction.

Eviction Filings

Upon the expiration of the notice period and the failure of the tenant to comply, the landlord may then file a Forcible Entry and Detainer action in a court with jurisdiction over the property. A jury trial is possible, but usually such cases are handled by a judge alone. The tenant is to be served with notice and granted to the opportunity to defend his or her position, while the landlord must demonstrate the proper procedures have been followed for eviction.

Based on the information presented and applicable law, or by default if the tenant fails to appear, the judge may enter a judgment ordering the tenant to vacate the property. The judgment may also require back-payment of owed rent. Such a decision, however, does not permit the landlord to forcibly remove the tenant from the premises by means of changing the locks or cutting utilities. Instead, if the need should arise, the sheriff's department may be charged with enforcing the judgment.

If you are a landlord or a tenant involved in an eviction or forcible detainer suit, you have rights that deserve protection under law. Attorney Dennis Lindell understands your situation is prepared to help you protect your rights no matter the situation. Contact an experienced landlord-tenant dispute attorney today for an evaluation of your case.