Illinois Eviction Laws: The Process & Timeline

By: ROS Team

Evictions are an unfortunate aspect of the housing landscape, and understanding the laws governing the eviction process is crucial for both landlords and tenants in Illinois. This article will provide an in-depth exploration of Illinois eviction laws, outlining the process, timelines, relevant statistics, and frequently asked questions to help individuals navigate this complex legal terrain.

Illinois Eviction Laws

In Illinois eviction laws, the landlord begins eviction by serving a written notice to vacate. The notice period varies depending on the reason for eviction – 5 days for non-payment of rent, 10 days for lease violations (except in Chicago), and 30 days for ending a month-to-month tenancy.

If the tenant fails to vacate the property within the specified notice period, the landlord can file an eviction lawsuit in court. The court will then schedule a hearing, where both parties will have the opportunity to present their case.

If the court rules in favor of the landlord, an eviction order will be issued, giving the tenant a final period of 7 to 14 days to vacate the property.

Do You Know: “There were 6,877 evictions in Chicago in 2016. That amounts to 18.84 households evicted every day. 1.1 in 100 renter homes are evicted each year.”

Illinois Eviction Notice Requirements

As already mentioned above, Illinois eviction notice requirements vary depending on the reason for eviction. Here’s a summary of the notice requirements:

Non-Payment of Rent:

Notice Period: 5 days

Violation of Lease Term:

Notice Period: 10 days

Termination of Month-to-Month Lease for Other Reason:

Notice Period: 30 days

How to Evict Someone in Illinois?

Evicting a renter in Illinois involves a tricky legal method with specific rules and timeframes to follow. Here’s a simple, point-by-point guide on how to evict someone in Illinois:

1) Identify the Reason for Eviction:

Find out the legal basis for eviction in Illinois law. Usual reasons involve not paying rent, breaking lease rules, and termination of a month-to-month lease.

2) Provide Written Notice to Vacate

Hand over a written move-out notice to the tenant. The notice period varies based on the eviction cause. It can be 5 days for rent non-payment or even 30 days for a termination of month-to-month lease.

3) Content of Notice to Vacate:

The notice needs to plainly show why eviction is happening. It must have the date when the tenant should leave. It should also lay out what happens if they don’t go. Make sure the notice is written down, with a print that’s 12-point or bigger. Also, translate the notice if necessary.

4) Method of Serving Notice:

Hand the notice directly to the tenant, send it through certified mail, or place it clearly on the property. Write down how you gave the notice.

5) Start an Eviction Case (When Renters Don’t Leave):

If a renter continues to stay past the given notice, file an eviction case at the county’s Circuit Court where the apartment or house is found.

6) Court Hearing:

Attend the court hearing and present your case to the judge. The renter gets to share their side too.

7) Court Outcome:

Should the court side with you, they’ll issue an eviction notice. This notice will state the day the tenant has to leave the property.

8) Enforcement of Eviction Order:

If the renter doesn’t leave, contact the local law enforcement. They’ll carry out the eviction order. The sheriff will remove the tenant and their belongings from the property.

Do You Know: “Among Illinois’s 8 cities with populations of more than 100,000 residents, the

cities with the highest eviction rate are Rockford, Joliet and Peoria.”

How Long Does It Take To Evict a Tenant in Illinois?

The timeline for evicting a tenant in Illinois typically ranges from 30 to 90 days, depending on various factors such as the reason for eviction, court proceedings, and obtaining a Writ of Possession.

How Long Does It Take for an Eviction to Fall Off in Illinois?

In Illinois, eviction records generally stay on a tenant’s record for seven years. After this period, the eviction should fall off the tenant’s record.

Can You Fight an Eviction in Illinois?

Yes, tenants can fight an eviction in Illinois by contesting the eviction in court. They have the right to present their case, seek legal representation, and negotiate with the landlord to address the issues leading to the eviction.

What Are My Rights as a Tenant in Illinois?

Tenants in Illinois have various rights, including the right to safe and habitable housing, the right to privacy, and the right to be free from discrimination.

Illinois Eviction Process: Final Words

Going through the eviction procedure in Illinois needs a thorough knowledge of the laws, timelines, and personal rights. If you’re a landlord aiming to apply lease contracts, or an occupant dealing with eviction, knowing these laws is important for a fair and just resolution.