Are you a landlord or tenant in Illinois? Need to know the eviction process and wondering when does eviction start? This guide takes you through the steps, from serving the eviction notice to the final removal of the tenant.
Eviction Notice and Lawsuit Filing
To begin the eviction process in Illinois, as a landlord, you must serve the tenant with a five- to ten-day Illinois eviction notice. This notice officially notifies the tenant that they’re required to vacate the premises within the specified timeframe. When wondering, how long does it take to evict someone in Illinois, keep in mind that there are different timeframes for different eviction offenses. It’s important to adhere to this requirement as it marks the starting point of the eviction process.
After serving the eviction notice, the landlord can proceed with filing an eviction lawsuit with the court. This initiates the legal proceedings and allows the court to serve the tenant with a summons.
From there, the landlord must file an Eviction Complaint with the Illinois Circuit Court, stating the grounds for eviction.
The length of time it takes to evict someone in Illinois can vary depending on several factors, such as the court’s schedule and the tenant’s response.
Tenant’s Response and Court Hearing
Once the tenant receives the summons, it’s crucial for you to promptly respond and participate in the court hearing.
To do so, you can file an Appearance, indicating your intention to participate in the case. If you prefer a jury trial, you have the right to request one.
Additionally, you can file an Eviction Answer, Defenses, and Counterclaims, where you can raise any defenses or counterclaims you may have.
During the court hearing, both you and the landlord will present your cases and evidence to the judge.
Based on the presented evidence, the judge will issue a judgment after the eviction hearing.
It’s important to take this process seriously and ensure that your rights and interests are properly represented.
Tenant’s Move-Out Period
You have a designated period of time to move out as a tenant in Illinois. Once the judge issues a judgment in favor of the landlord, you’re given seven to 14 days to vacate the premises.
It’s important to note that the landlord must request an eviction order within 120 days after the judgment is issued. If the eviction is due to illegal activity or drug-related action, the execution of the judgment must occur within seven days.
For other evictions, the tenant is given one to two weeks’ notice to move out. In some cases, the landlord may enforce the eviction with the help of the sheriff, who’ll arrive to forcibly remove the tenant.
It’s essential to comply with the move-out period to avoid any additional costs or complications.
Sheriff’s Involvement and Tenant Removal
When you, as the landlord, request an eviction order within 120 days after the judgment is issued, the sheriff becomes involved and assists in removing the tenant from the premises. The sheriff will arrive at the property to forcibly remove the tenant, if necessary.
It’s important to note that as the landlord, you aren’t required to store the tenant’s personal property. The tenant may face additional costs for the removal and storage of their belongings. It’s also possible that the tenant’s possessions may be left behind.
Therefore, it’s crucial to follow the proper legal procedures and obtain the necessary eviction order to ensure a smooth and lawful removal of the tenant.
Special Cases and Costs
If faced with unique circumstances or additional expenses, special cases and costs may arise during the eviction process in Illinois. One special case that landlords may encounter is evicting a squatter. Squatters are individuals who unlawfully occupy a property without permission or a legal right to do so. Dealing with squatters can be more complex and may require additional legal steps to remove them from the property.
In terms of costs, it’s important to note that eviction can be an expensive process. Landlords should consider budgeting for various expenses, such as filing fees, attorney fees, and costs associated with removing and storing a tenant’s belongings. The specific costs may vary depending on the county and the circumstances of the eviction.
To navigate these special cases and costs, it’s advisable to hire an eviction attorney who can provide guidance and ensure compliance with the complex eviction process in Illinois. Additionally, landlords should familiarize themselves with local statutes and regulations, as they may have stricter laws and requirements for landlords.
Conclusion
In conclusion, understanding the eviction process in Illinois is crucial for both landlords and tenants.
From serving an eviction notice to filing a lawsuit, responding in court, and the eventual move-out period, each step is important and requires careful attention.
It’s essential to be aware of any special cases, costs, and local statutes that may apply.
Remember, seeking legal advice is always recommended for specific situations.
