At the eviction hearing, the tenant will need to tell the judge all the defenses the tenant wishes to use to fight the eviction. 9-112. Evictions See Illinois Legal Aid for more information on resources available in Illinois. (b) This Section applies only if all of the following conditions are met: (1) The verified complaint seeks possession of premises that are subsidized housing as defined under this Section. Attorneys fees claimed by condominium associations in the demand shall be subject to review by the courts in any forcible entry and detainer proceeding under subsection (b) of Section 9-111 of this Act. Eviction and Unlawful Detainer ", Illinois State Laws Prohibiting Landlord Retaliation, Housing Discrimination Prohibited by State and Local Law, Illinois lawyers who specialize in landlord-tenant law, Collecting and Returning Security Deposits, Rent Rules: Rent Control, Increases, & More, See All Landlords & Rental Property Articles, Do Not Sell or Share My Personal Information. Forcible entry prohibited. The demand required by Section 9-102 of this Act may be made by delivering a copy thereof to the tenant, or by leaving such a copy with some person of the age of 13 years or upwards, residing on, or being in charge of, the premises; or in case no one is in the actual possession of the premises, then by posting the same on the premises. 9-104.2. 110, par. (735 ILCS 5/9-105) Sec. (a) As to property subject to the provisions of the Condominium Property Act, approved June 20, 1963, as amended, when the action is based upon the failure of an owner of a unit therein to pay when due his or her proportionate share of the common expenses of the property, or of any other expenses lawfully agreed upon or the amount of any unpaid fine, and if the court finds that the expenses or fines are due to the plaintiff, the plaintiff shall be entitled to the possession of the whole of the premises claimed, and judgment in favor of the plaintiff shall be entered for the possession thereof and for the amount found due by the court including interest and late charges, if any, together with reasonable attorneys fees, if any, and for the plaintiffs costs. Stat. There are two main reasons a tenant may be evicted: not paying rent on time or violating a portion of the lease or rental agreement. A tenant who is being evicted for not paying rent may have a few defenses. No person shall make an entry into lands or tenements except in cases where entry is allowed by law, and in such cases he or she shall . Section 8 contract means a contract with HUD or FmHA which provides rent subsidies entered into pursuant to Section 8 of the United States Housing Act of 1937 or the Section 8 Existing Housing Program (24 C.F.R. A forcible entry and detainer is a legal action that a landlord (or new property owner) can take in order to recover possession of property that is in wrongful possession by another, when that occupant refuses to leave after the appropriate notice. Forcible Entry and Detainer - TheFreeDictionary.com Legal Dictionary Eviction cases (forcible entry and detainer) are heard in the three civil courtrooms as follows: Courtroom 204, Thursday. 720/1). The notice is to be signed by the lessor or his or her agent, and no other notice or demand of possession or termination of such tenancy is necessary. However, any tenant may, at any time before final judgment on the ejectment, pay or tender to the landlord or lessor of the premises the amount of rent in arrears and costs of the action, whereupon the action of ejectment shall be dismissed. Judgment for whole premises Stay of enforcement. When lands are held and occupied by any person without any special agreement for rent. FORCIBLE ENTRY AND DETAINER Part 1. The sheriff shall post 3 copies of the notice in 3 public places in the neighborhood of the court where the cause is to be tried, at least 10 days prior to the day set for the appearance, and, if the place of residence of the defendant is stated in any affidavit on file, shall at the same time mail one copy of the notice addressed to such defendant at such place of residence shown in such affidavit. If the tenant chooses to fight the eviction, the tenant must appear at the hearing. (b) The provisions of paragraph (8) of subsection (a) of Section 9-102 and Section 9-104.3 of this Act shall not apply to any common interest community unless. If a tenant or other occupant of a unit is joined within the same action against the defaulting unit owner under paragraph (7), only the unit owner and not the tenant or other occupant need to be served with 30 days prior written notice as provided in this Article. Browse USLegal Forms largest database of85k state and industry-specific legal forms. Illinois Forcible Detainers - Public Record When land has been sold upon a judgment of court, when the party to such judgment or person holding under him or her, wrongfully refuses or neglects to surrender possession of the same, after demand, in writing, by the person entitled to the possession. This type of eviction is often referred to as a "self-help" eviction, and it can include such actions as shutting off utilities (see 765 Ill. Comp. These bills, Senate Bill 645 (Public Act 77-1759) and Senate Bill 646 (Public Act 77-1760), amend 9-101. The sheriff or other lawfully deputized officers shall give priority to service and execution of orders entered under this Section over other possession orders. 9-105. (a) In case there is a contract for the purchase of such lands or tenements or in case of condominium property, the demand shall give the purchaser under such contract, or to the condominium unit owner, as the case may be, at least 30 days to satisfy the terms of the demand before an action is filed. JavaScript seems to be disabled in your browser. Provides a cross table with the number of forcible detainer cases disposed statewide, sorted by each year and month of the case disposition date for the requested timeframe, grouped by Case Disposition Type. Thereafter the plaintiff shall be entitled to re-enter the premises immediately. 9-205. (e) A judgment for possession entered under this Section may not be stayed for any period in excess of 7 days by the court. 9-115. 9-203. Eviction practice - Discovery|Illinois Legal Aid Online 9-116. Illinois Legal Aid also has useful information about evictions and will provide more information for eviction processes in your county based on your zip code. No. 5-13-0362 in The Appellate Court of Illinois Ronald D. Moreland Comp. (735 ILCS 5/9-110) Sec. This article will summarize the legal defenses a tenant may be able to use to fight an eviction in Illinois. Illinois Landlord and Tenant Law - Rolling Meadows, Illinois 3. (4) Unit owners association or association means the association of all owners of units in the common interest community acting pursuant to the declaration. When Does A Guest Become A Tenant In Illinois? | Dan Walker Law (1) any housing or unit of housing subject to a Section 8 contract; (2) any housing or unit of housing owned, operated, or managed by a housing authority established under the Housing Authorities Act; or (3) any housing or unit of housing financed by a loan or mortgage held by the Illinois Housing Development Authority, a local housing authority, or the federal Department of Housing and Urban Development (HUD) that is: (i) insured or held by HUD under Section 221(d)(3) of the National Housing Act and assisted under Section 101 of the Housing and Urban Development Act of 1965 or Section 8 of the United States Housing Act of 1937; (ii) insured or held by HUD and bears interest at a rate determined under the proviso of Section 221(d)(3) of the National Housing Act; (iii) insured, assisted, or held by HUD under Section 202 or 236 of the National Housing Act; (iv) insured or held by HUD under Section 514 or 515 of the Housing Act of 1949; (v) insured or held by HUD under the United States Housing Act of 1937; or (vi) held by HUD and formerly insured under a program listed in subdivision (i), (ii), (iii), (iv), or (v). Forcible entry prohibited. The statutes provide for a short notice period before a court hearing. PROPERTY CODE TITLE 4. You must have JavaScript enabled in your browser to utilize the functionality of this website. 9-101. Notice to terminate tenancy of farm land. 9-206.1. (3) Notice by verified complaint setting forth the relevant facts, and a demand for possession of the type specified in Section 9-104 is served on the tenant or occupant of the premises at least 14 days before a hearing on the complaint is held, and proof of service of the complaint is submitted by the plaintiff to the court. The owner of lands, his or her executors or administrators, may sue for and recover rent therefor, or a fair and reasonable satisfaction for the use and occupation thereof, by a civil action in any of the following instances: 1. PDF Complaint in Forcible Entry and Detainer And/Or Damage Claims 5/9-106). (735 ILCS 5/9-209) Sec. No person shall make an entry into lands or tenements except in cases where entry is allowed by law, and in such cases he or she shall not enter with force, but in a peaceable manner. (2) Declaration means any duly recorded instruments, however designated, that have created a common interest community and any duly recorded amendments to those instruments. On or before the day set for the appearance, the sheriff shall file the notice with an endorsement thereon stating the time when and places where the sheriff posted and to whom and at what address he or she mailed copies as required by this Section. If the tenant does not pay the rent within the five days, then the landlord can proceed with filing an eviction lawsuit, also known as a forcible entry and detainer suit in Illinois (see 735 Ill. Comp. For more information on defending an eviction lawsuit in Chicago, see the Chicago Bar Association Eviction article at the Chicago Bar Association and the self-help section at the Cook County Courthouse. In Illinois, a landlord can evict a tenant for a number of reasons, including not paying rent or violating a portion of the rental or lease agreement. The claim for rent may remain pending until such time as the defendant appears generally or is served with summons, but the order for possession shall be final, enforceable and appealable if the court makes an express written finding that there is no just reason for delaying enforcement or appeal, as provided by Supreme Court rule of this State. 9-101. forcible entry and detainer illinois form. (735 ILCS 5/9-109.7) Sec. unlawful detainer is a legal way for a landlord to evict a tenant. (d-5) If cannabis, narcotics, or controlled substances are found or used anywhere in the premises, there is a rebuttable presumption either. Providing Notice of the Pending Eviction to the Tenants. What Is a Forcible Entry and Detainer? See the Nolo article Illegal Eviction Procedures in Illinois for more information. 735 ILCS 5/9-102 Formerly cited as IL ST CH 110 9-102 West's Smith-hurd Illinois Compiled Statutes Annotated Currentness Chapter 735. Illinois Adds New Eviction Protections for Commercial and Residential Forcible Entry And Detainer Illinois Category: Illinois Landlord Tenant - Forcible Entry - Detainers - Will County State: Illinois Control #: IL-WGEN-003 Format: PDF Instant download Buy now Description This official form is from Will County, Illinois. the Illinois Mortgage Foreclosure Law entered into on or after July 1, 1987 where the purchase . City of _____ in the County of _____, in the State of Illinois. Eviction lawsuits must be filed in the county where the rental property is located. Once the tenancy ends, if the tenant remains on the property, the landlord can move forward and file an eviction lawsuit. Where a tenancy is terminated by notice, under either of the 2 preceding sections, no further demand is necessary before bringing an action under the statute in relation to forcible detainer or ejectment. If a landlord evicts a tenant in violation of the federal Fair Housing Act or the Illinois Human Rights Act, then the tenant can use the discrimination as a defense against the eviction. To do so, they must first terminate the tenancy by giving 30 days' notice to move out. For more articles on the subject, see the Evictions and Terminations section of Nolo.com. Stat. 9-106. If the tenant pays the rent in full during the five days, the landlord cannot proceed with the eviction lawsuit (see 735 Ill. Comp. (735 ILCS 5/9-114) Sec. Forcible Entry and Detainer Process for Illinois Landlords | IL 9-104.3. PDF Forcible Detainer Cases Disposed Calendar Years 2021- 2022 Statewide by Forcible entry prohibited. This legal action allows landlords to regain control of their rental property when a tenant fails to comply with lease terms or pay rent. Summons In Forcible Entry And Detainer Form. It requires a special court process and can move quickly through the court system. For advice on finding a good lawyer, see the Nolo article How to Find an Excellent Attorney. To be effective service under this Section, a demand sent by certified mail, return receipt requested, to the unit occupied by the lessee and to the last known address of the unit owner need not be received by the lessee or condominium unit owner. A claim for rent may be joined in the complaint, and a judgment obtained for the amount of rent found due, in any action or proceeding brought, in an action of forcible entry and detainer for the possession of the leased premises, under this Section. After a trial, if the court finds, by a preponderance of the evidence, that the allegations in the complaint have been proven, the court shall enter judgment for possession of the premises in favor of the plaintiff and the court shall order that the plaintiff shall be entitled to re-enter the premises immediately. An action to possess premises under this Section shall not be deemed to be in bad faith when the plaintiff based his or her cause of action on information provided to him or her by a law enforcement agency or the States Attorney. Tenants Defenses to Eviction Notices in Illinois (735 ILCS 5/9-108) Sec. No person shall make an entry into lands or tenements except in cases where entry is allowed by law, and in such cases he or she shall not enter with force, but in a peaceable manner. When the lands have been sold upon a mortgage or trust deed, and the mortgagor or grantor, or person holding under him or her, wrongfully refuses or neglects to surrender possession of the same, after demand, in writing, by the person entitled to the possession. The relief granted to a defendant by this Section shall not be exhausted by a single use thereof but shall not be again available with respect to the same contract for a period of 5 years from the date of such judgment. For more information, see the Nolo articles Tenant Rights to a Livable Place and Illinois Tenant Rights to Withhold Rent or "Repair and Deduct.". Rent is not paid. The Forcible Entry and Detainer Section of the Circuit Court of Cook County is a section within the First Municipal District. 5/9-210). Stat. 5/9-209). The list below represents which Illinois counties Watch Illinois will check to find Forcible Detainer public records, and also how far back the data goes. 10-Day Notice to Quit ( Non-Compliance) - In accordance with 735 ILCS 5/9-210, a landlord may provide notice to the tenant to vacate for . 9-107. Summons Forcible Entry And Detainer :: Illinois Recent Changes in the Illinois Forcible Entry and Detainer Act (Source: P.A. Depending on the situation, it might make more sense to try and negotiate with the landlord, especially if you only need a few more days to pay rent or move out. Cook Illinois Complaint in Forcible Entry and Detainer forcible entry and detainer jury transfer order: civil : 12/01/2020: ccg 0620: foreign judgment registration cover sheet . Nothing herein contained shall be construed as affecting the right of a seller of such premises to any lawful remedy or relief other than that provided by Part 1 of Article IX of this Act. Forcible Detainer Eviction in California - Fast Evict Have a sheriff or a licensed Illinois process server serve the court papers on the tenant, and both sides will have their day in court. Evictions in Illinois are regulated by the Illinois Code of Civil Procedure, and landlords must carefully follow these procedures in order to evict a tenant. If the tenant chooses, the tenant can file an answer with the court, before the hearing date. Forcible entry and detainer, one aspect of which is known as Unlawful Detainer, alludes to two separate misdeeds and two divergent remedies of statutory origin. In General. Forcible entry prohibited. Affirmative Defenses or Counterclaims, Defendant must file a.Response (Answer, Motion to Dismiss etc.) The court shall, by order, stay the enforcement of the judgment for possession for a period of not less than 60 days from the date of the judgment and may stay the enforcement of the judgment for a period not to exceed 180 days from such date. (735 ILCS 5/9-119) Sec. (d) Nothing in this Section 9-104.2 is intended to confer upon a Board of Managers any greater authority with respect to possession of a unit after a judgment than was previously established by this Act. More info. Courtroom 205, Thursday. 9-118. Here are some of the more common ones. Cannabis has the meaning ascribed to that term in the Cannabis Control Act. The matter shall not be continued beyond 7 days from the date set for the first hearing on the complaint except by agreement of both the plaintiff and the defendant. The awarding of reasonable attorneys fees shall be pursuant to the standards set forth in subsection (b) of this Section 9-111. 21-Mar-2011 Owning income property can be challenging. If the tenant fixes the violation within the ten-day time frame, the landlord cannot proceed with the eviction. (735 ILCS 5/9-116) Sec. Evictions (Forcible Entry and Detainer) That's because they have 'possession' of the property by way of 'oral agreement' of the person who has claim of the title. Many communities have free or low-cost mediation services that handle landlord-tenant disputes; local resources are available through the website mediate.com and the American Arbitration Association. The attorney listings on this site are paid attorney advertising. Take a Tour. (735 ILCS 5/9-104) Sec. (b-5) In all actions brought under this Section 9-118, no predicate notice of termination or demand for possession shall be required to initiate an eviction action. Article IX - Forcible Entry And Detainer (735 ILCS 5/9-208) Sec. (735 ILCS 5/9102) (from Ch. order to notify the illinois state police of an adjudication affecting foid status: general : 12/01/2020: ccg 0082: order to notify the isp of an adjudication as a mental defective . (a) Unless the Board of Managers is seeking to terminate the right of possession of a tenant or other occupant of a unit under an existing lease or other arrangement with the owner of a unit, no demand nor summons need be served upon the tenant or other occupant in connection with an action brought under paragraph (7) of subsection (a) of Section 9-102 of this Article. You may especially want to hire an attorney if you are confident of your case and your lease or rental agreement entitles you to attorney fees if you win in court. A summary proceeding to recover possession of land that is instituted by one who has been wrongfully ousted from, or deprived of, possession. 9101) Sec. Whenever defendant cures the default under the contract pursuant to this Section, the defendant may within the period of stay file a motion to vacate the judgment in the court in which the judgment was entered, and, if the court, upon the hearing of such motion, is satisfied that such default has been cured, such judgment shall be vacated. This option is only available in Chicago. Summons Forcible Entry And Detainer. in an action brought under the Forcible Entry and Detainer Act (Act) (735 ILCS 5/9-101 to 9-321 (West 2004)). Demand; Notice; Return; Condominium and Contract Purchasers. 5/9-209). You are hereby notified that in consequence of (here insert lessor-owner name) failure to comply with the leasing requirements prescribed by Section 18(n) of the condominium Property Act or by the declaration, bylaws, and rules and regulations of the condominium, or your default of any covenants, rules, regulations or bylaws of the condominium, in (here insert the character of the default) of the premises now occupied by you, being (here described the premises) the Board of Managers of (here describe the condominium) Association elects to terminate your lease, and you are hereby notified to quit and vacate same within 10 days of this date.. The Illinois Circuit Court website has a listing of each county courthouse. (735 ILCS 5/9-111.1) Sec. Do Not Sell or Share My Personal Information, Forcible Entry and Detainer Actions (Evictions), Illinois Tenant Rights to Withhold Rent or "Repair and Deduct. Emergency subsidized housing eviction proceedings. 9-101) Sec. The landlord must file the eviction lawsuit, or forcible entry and detainer lawsuit, in the courthouse of the county where the rental unit is located. In any case in which the standard of care given by a medical profession is at issue, the court shall apply the following standards to determine if a witness qualifies as an expert witness and can testify on the issue of the appropriate standard of care. Forcible Entry And Detainer Illinois 5/9-209). When action may be maintained. The rental of land upon which a mobile home is placed or the rental of a mobile home and the land on which it is placed, for more than 30 days, shall be construed as a lease of real property. Each case may only have a single Case Disposition Type Code, and as such the reported case disposition types are mutually exclusive. (Source: P.A. (d) If the defendant does not appear at the hearing, judgment for possession of the premises in favor of the plaintiff shall be entered by default. Nothing herein contained shall be construed as affecting the right of the board of managers, or its agents, to any lawful remedy or relief other than that provided by Part 1 of Article IX of this Act. (735 ILCS 5/9-106) Sec. A landlord who does not follow the proper procedures in evicting the tenant (for example, by filing the eviction lawsuit too early), will have to start the eviction process over from the very beginning. (2) The verified complaint alleges that there is direct evidence of refusal by the tenant to allow the landlord or agent of the landlord or other person authorized by State or federal law or regulations or local ordinance to inspect the premises, provided that all of the following conditions have been met: (A) on 2 separate occasions within a 30 day period the tenant, or another person on the premises with the consent of the tenant, refuses to allow the landlord or agent of the landlord or other person authorized by State or federal law or regulations or local ordinance to inspect the premises; (B) the landlord then sends written notice to the tenant stating that. How to Evict a Commercial Business in Illinois | Legal Beagle FORCIBLE ENTRY AND DETAINER. Because the forcible entry and detainer action was prematurely filed, we must vacate the order granting the preliminary injunction and dismiss the action without prejudice. However, in cases where the defendant is notified by posting and mailing of notices or by publication and mailing, and the defendant does not appear generally, the court may rule only on the portion of the complaint which seeks judgment for possession, and the court shall not enter judgment as to any rent claim joined in the complaint or enter personal judgment for any amount owed by a unit owner for his or her proportionate share of the common expenses, however, an in rem judgment may be entered against the unit for the amount of common expenses due, any other expenses lawfully agreed upon or the amount of any unpaid fine, together with reasonable attorney fees, if any, and costs. 9-204. (b) Whenever the life tenancy of the lessor terminates not more than 6 months before the end of the tenancy of the lessee but before the beginning of the next crop year, the lessee of the farmlands is entitled to reasonable costs incurred in field preparation for the next crop year, payable by the succeeding life tenant or remainderman. Stat. 82-280.) (1) Common interest community means real estate other than a condominium or cooperative with respect to which any person by virtue of his or her ownership of a partial interest or unit therein is obligated to pay for maintenance, improvement, insurance premiums, or real estate taxes of other real estate described in a declaration which is administered by an association. Free Illinois Eviction Notice Forms (4) - PDF | Word - eForms Recovery of Rent; Termination of Certain Tenancies. For example, an apartment must have a working heat source. By changing the name of the Act to the Eviction Act, and changing the similarly confusing name of the order . 9-119. A lawyer can also let you know how likely you are to win your case. USLegal has the lenders!--Apply Now--. The Eviction Act mandates that any landlord evicting a tenant serve a notice of termination of tenancy in one of the following ways: By personal service on the tenant; Service on a person 13 years old or older if residing on the premises or in possession of the premises; The owner or lessor shall remain liable for the cost of the eviction whether or not the right to bring the forcible entry and detainer action has been assigned. 9-110. Rule 201 (k) ("Every motion with respect to discovery shall incorporate a statement that counsel responsible for trial of the case after personal consultation and reasonable attempts to resolve differences have been unable to reach an accord . Any judgment for money or any rent assignment under subsection (b) of Section 9-104.2 is not subject to this stay. For want of sufficient notice any cause may be continued from time to time until the court has jurisdiction of the defendant.