Eviction Summons The Summons is used to relay to the tenant (the defendant) that they are being sued. After serving you with a notice to quit, your landlord will need to serve you with an Eviction Complaint and Summons. WrightChristina@16thCircuit.IllinoisCourts.gov, If you need to file an Answer and Appearance, find them inthe, Prior to beginning your eviction case, you must notify your tenant in writing via, http://www.illinoiscourts.gov/forms/approved/eviction/eviction.asp, https://www.illinoislegalaid.org/search?keyword=EVICTION, Hire an attorney or Ask a Lawyer" second Sat. If you are being evicted because you arent paying your rent or breached your lease agreement in some other way, then your landlord has to start by giving you an opportunity to fix the problem with a notice to cure breach. If this seems daunting, dont worry! Landlords must carefully follow all the rules and procedures required by Illinois law when evicting a tenant. Other examples include individuals who have had to leave their jobs to care for a child engaged in online-distance learning and individuals no longer receiving child support because a former partner has experienced a COVID-19 related financial hardship. Statewide Court Eviction Forms:http://www.illinoiscourts.gov/forms/approved/eviction/eviction.asp, Need additional legal help? . Here are samples of the Cook County forms:Complaint (Sample). 5-Day Notice to Quit (Non-Payment of Rent), 30-Day Notice to Quit (Month to Month Tenancy). The landlord must give the tenant notice and go through the court process to get an Eviction Order. Chicago residential landlord-tenant ordinance or RLTO, Eviction practice - Affirmative defenses and counterclaims, Eviction practice - Terminating the tenancy. LETTER TO THE SHERIFF (SERVING AN EVICTION SUMMONS & EVICTION COMPLAINT) Instructions: 1. Different notices are needed for these different situations. Violations to the lease or rental agreement. If someone thinks they need to file their lawsuit against the government or a government agency, they should talk to anattorney. If you want a lawyer, you must get one immediately. We cannot provide legal advice through our blog. This must be completed by the date indicated in the Summons. Eviction Protection FAQs - Illinois The filing fees vary depending on the county. Last full review by a subject matter expert. The answer depends upon the e-filing process in the county where the case was filed. Read all of the documents attached to this message. They must then file it with the court. Eviction Help Illinois provides free legal aid and mediation services to prevent evictions and increase housing stability. Both parties have the opportunity to speak with legal and housing counseling agencies to gather resources and better prepare for mediation. Illinois Eviction Timeline Below is the average timeline for a complete eviction process. If you do not move during that period, the sheriff can evict you and all other occupants from the property and you may lose your belongings. You can then move forward with your case. Talk to a lawyer or visit illinoislegalaid.org/ for more information. Landlord's Guide to Illinois Eviction Laws | Nolo In Divorce, Eviction, Order of Protection and Small Claims, you must use a specific Summons Form for that particular type of case. 2023Illinois Legal Aid Online. TheNational Association of Professional Process Serversalso has a directory that a person can search by zip code. If the judgment is in your favor, the judge will issue you with the Writ of Execution. After the notice period ends, the landlord can file an eviction case in court. Visit the DHS website for more information. Formal Eviction? If the tenant has a defense (a legal reason to stop the eviction), the judge will dismiss the case. If you need more information, see How to File Present & Eviction Case available at illinoiscourts.gov/doc uments-and- forms/approved- forms. The tenant can stop an eviction for non-payment of rent by paying the rent in full during the notice period. Last full review by a subject matter expert. . ILAO is a registered 501(c)(3) nonprofit organization. Once due, the landlord can give the tenant the 5-Day Notice to Pay if they're looking to remove them. The following is a step-by-step guide to the Illinois eviction process. Reasons for eviction In Cook County, eviction can be initiated when: The tenant falls behind on rent The tenant violates the lease The landlord wants the tenant out Without rent control and "just cause" eviction laws, no reason is needed to raise rents or to refuse to renew a tenant's lease. A summons usually gives the other side 30 days to file anappearance. What is required in a 30 day notice to end a lease? Then, they will have the summons served on the other party. Then they must get the Sheriff to remove the tenant from the unit. Eviction is when a landlord makes a tenant leave a unit. Kane County Eviction Mediation Program Download a free eviction notice customized for Illinois state law below in MS Word (.docx) or Adobe PDF format. The tenant can, however, ask the court to (See questions below). Eviction Summons ; form for each Defendant, Plaintiff: including 1 ; Eviction Summons ; for all Unknown Occupants, if checked. Contact us today! The Executive Order provides the following protections: For tenants who are unable to make full rent payments: If the tenant meets the definition of a covered person and returns a signed declaration form, their landlord may not initiate or continue an eviction proceeding against them unless certain health and safety exceptions apply. However, if the lease or rental agreement does not require this, then the landlord does not need to give the tenant any notice to move. Tenant fails to move out/correct the issue. call 630-762-1900, (Hire an attorney or Ask a Lawyer" second Sat. Some counties require the plaintiff to ask the judge for permission to use a professional process server. Only the sheriff can forcibly remove a tenant. A landlord must have a legal reason, or cause, to make a tenant move out of a rental unit before the tenancy term has ended. Only you or a lawyer can appear in court on your behalf. You may go to the court date and ask the judge for time to get a lawyer. The Complaint must include: the demand, notice, affidavits of service, and relevant lease provisions. All rental properties must adhere to city housing codes. Watchhelpful Kane County Legal Services videosto understand the process of eviction mediation: Kane County Area Legal Services|Servicios Legales del Contado de Kane, Eviction Help Illinois: call The eviction process begins when a tenant violates their lease, for example, by not paying the rent on time. If the parties reach an agreement, the mediation program will submit to it: to the court for approval. Submitted by Andrew Makula on Tue, 03/21/2023 - 10:13, Submitted by Teri Ross on Wed, 03/22/2023 - 08:56, Andrew, thank you for your question. What Maintenance Issues Are Emergencies and What Can Wait for Regular Business Hours. By Beth Dillman In Illinois, you can be evicted for a number of different reasons, including not paying rent or violating the lease. An alias summons is a second summons. Stat. In 1(a), enter the name and primary address of Defendant. You will also need a filing fee of $234. This is why we're considered the top management company in the city of Chicago. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. The tenant must do so within 30 days of the judgment. This notice will inform the tenant that the tenancy will expire at the end of 30 days and the tenant must move out of the rental unit by that time (see 740 Ill. Comp. Illinois Real Property Law makes it easy for you to claim that you are a tenant and difficult for a landlord to legally evict tenants. Delivery by the landlord of the declaration to residents must conform with the service requirements for termination notices in the Eviction Act (735 ILCS5/9-211). Eviction Early Resolution Program Resources - State of Illinois Office It can be for 5, 7, 10, 14 or 30 days, depending on the legal issue and the type of housing you live in. Your landlord can only evict you in Illinois for the following reasons: One other thing to note: if you're a month-to-month tenant, your landlord is allowed to give you a 30-day termination notice whenever they'd like, for any reason. If you have any receipts, photographs, or other documents that support your side of the story, bring them to court. This method is less expensive than the other ways to serve the defendant. The person can check with whomever was supposed to deliver the summons, whether that is the sheriff, or a special process server, to see if the summons was delivered. Tenants will then have until June 14th to complete their portion of the application, that was initiated by the landlord/housing provider. The Department of Human Services (DHS) has additional resources available for renters including case management and legal assistance. Theyll send you a five-day notice of the lease violation. An Illinois landlord may also be able to evict a renter for overstaying after their lease agreement has expired and their rental period is over. During the hearing, the tenant may present any of the following defenses: If the judgment is in your favor, the judge will issue you with the Writ of Execution. Best of luck to you -. toChristina Wright, For more information on what this order means if youre a tenant or a landlord, please see below. If you have questions or need further legal services, contact a local licensed attorney or lawyer, law firm or property management company. Responding to an eviction case | Illinois Legal Aid Online Under the law, renters who are facing an eviction not relating to illegal or criminal activities are allowed up to 14 days to collect their personal property and vacate the premises. It is recommended that you consult with an attorney for any legal matters. 5/9-207). This timeline, however, does depend on the location of the court and the nature of the eviction. When a landlord proceeds with the Illinois eviction process, they must follow the statewide eviction laws and. General Summons Specific Case Type Summons Forms Follow these steps to serve a summons through the sheriff: A person can hire a professional process server who is licensed to serve people. vacate their rented premises. Evictions | Peoria County Tenth JCC, IL If tenants dont move out after the required period, you are free to move forward with the Illinois eviction process. The landlord must give the tenant five (5) days to pay. What if I don't move out by the date ordered by the court? Watchhelpfulvideosto understand the process of eviction mediation: Kane County EvictionMediation| There could be several potential reasons for a landlord to end a tenancy early. Even if you are protected from eviction, you are still obligated to pay any and all rent that is due. There is a virtual Funding Help Desk available (tinyurl.com/evictionhelpdesk) on Tuesdays and Thursdays from 9:00 a.m. to 12:00 p.m. and 1:30 p.m. to 3:00 p.m. - Manage notification subscriptions, save form progress and more. Even if the landlord is successful with the eviction lawsuit, the only person authorized to remove the tenant is a sheriff or constable. Are you unsure what counts as regular maintenance or what constitutes an emergency? Local Court Rule 9A. This notification procedure is called service of process. You can find a local attorney through the, If you cannot afford an attorney, contact, There is a virtual Funding Help Desk available (. ) 2023Illinois Legal Aid Online. After a certain period, Illinois landlords can. You will need to have three copies: one for the court, one for yourself, and one for the sheriff. The landlord failed to follow the proper Illinois eviction procedure. Once the tenancy ends, if the tenant remains on the property, the landlord can move forward and file an eviction lawsuit. The Eviction Process in Illinois. If you are suing more than 1 Defendant, fill out an Eviction Summons form for each Defendant, including 1 Eviction Summons for all Unknown Occupants, if checked. Finally, for tenants on an annual lease agreement, you must provide a 60-Day Notice to Quit. Your feedback is the best way for us to improve our services. Handling a Tenant's Abandoned Property in Illinois has more information on this topic. A person can serve an alias summons just like a normal summons. We do our best to reply to each comment. If the person serving the papers speaks to the person receiving, or sees them come to the door, but then they go back into the house, the person can leave the papers on the door, or they can slip them under the door. If the tenant fails to meet their court date, the judge may offer a default judgment in favor of the landlord. If you are facing eviction, your best option is to visit EvictionHelpIllinois.org to find local legal aid help. If the tenant does not meet the definition of a covered person, an eviction action may be filed against them for nonpayment of rent. Households are eligible for up to 12 months of past rent and 3 months of future rent, for a maximum grant of $25,000. In some states, the information on this website may be considered a lawyer referral service. Eviction | 19th Judicial Circuit Court, IL 2022 Eviction Process in Illinois: Laws for Landlords - Medium Lake County Eviction Prevention Program (LCEPP): (resources for self-represented litigants), How To Get Help - Prairie State Legal Services (, Additional Financial and Information Resources, Lake County Bar Association Lawyer Referral Service, www.dhs.state.il.us/page.aspx?item=134895, https://www.illinoishousinghelp.org/ilhaf, Click here to learn about relief for households across the state, How to Electronically File Your Forms (Odyssey). A person needs to file aMotionfor Leave toServeby Publication and anAffidavitfor Service by Publication before being allowed to give service through the newspaper. Direct message on social media where the defendant has an active account. If you cannot afford an attorney, contact Prairie State Legal Services (847-662-6925) to see if you are eligible for free legal aid. A complaint or petition is a document that says that the person being sued has done something wrong, or the person filing wants something to happen. 5-Day Notice to Pay. AN EVICTION CASE HAS BEEN FILED The Plaintiff is trying to evict you. Credit card, debit card and pre-paid debit card transactions incur a standard processing fee. The tenant can, however, ask the court to. Illinois Eviction Laws: The Process & Timeline In 2023 - DoorLoop This is why we're considered the top management company in the city of Chicago. In this case, there usually isn't the option to cure. You have a right to demand a trial by jury. What happens if I have an eviction on my record? Housing counselors can provide advice on rental and foreclosure issues. Anyone who either: (1) meets the definition of a covered person or (2) does not owe rent, is protected under this Executive Order, regardless of immigration status. Use this form to let someone know that you are starting a lawsuit against them. The most common reasons have to do with the tenant not paying rent or violating the lease or rental agreement. If a landlord would like to terminate a month-to-month rental agreement or lease, the landlord will need to give the tenant a 30-day notice. Evictions - Cook County Sheriff's Office Evicting a tenant resources - Illinois Legal Aid This usually costs more than using the sheriff, but it can be a way to serve defendants who are harder to find or who are avoiding service. . What resources are available for tenants who cannot afford to pay their rent? WrightChristina@16thCircuitCourt.IllinoisCourts.gov, Kane County, Illinois, Government Website, Kane County Eviction Mediation Program. If this seems daunting, dont worry! Our team of expert property managers can provide you information regarding landlord-tenant laws, eviction laws, lease and. If no one answers the door, the sheriff will come back a different day. In Illinois, there is a process that must be followed when you're a landlord evicting a tenant. In some cases, the landlord may still need to give the tenant notice. Service by publicationmeans that a notice is published in a newspaper in the area where the lawsuit was filed. Use our Easy Form program to make the motion forms. If you do not, the court may decide the case without hearing from you, and you could lose the case.. Remember to clear your browser history to hide activity. Then they must get the Sheriff to More on Understanding eviction as a tenant Responding to an eviction case How-To Displaying information for 60603 [ change ] PRINT Print this to take with you My court date was yesterday and I missed it, what do I do? In 1(b), enter a 2nd address for Defendant, if you have one. If you haveany other questions, please reach out 735 ILCS 5/9-209. someone with a family member who was in jail or prison, a veteran, active duty military or have had military service, a non-profit organization or small business, Asking for more time to move out after an eviction, Motion to Dismiss - Landlord posted eviction notice on door. Executive Order 2020-72, as amended and re-issued, continues to protect many individuals from eviction. My tenant has created an unsafe environment for other tenants in the building, what are my options as a landlord? If the parties wish to participate in mediation, the case can be enrolled in mediation before or during the first court appearance, or, if there is a continuance, prior to the continuance date. A Guide to the Eviction Process in Chicago, IL - MTD Property Management learn more about eligibility requirements, Begin an application for the Rental Payment Program, additional resources available for renters, Illinois Attorney Generals Office website, Visit the DHS website for more information. What is considered a non-discretionary expense? Check, money order, credit card, debit card or pre-paid debit card are all acceptable payment methods, excluding cash and temporary checks. Give a copy of the summons and complaint to the professional process server.
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