Has your tenant missed rent several times? Has your tenant damaged the rental property upon inspection? Have complaints been filed about one of your tenants and you’ve just had enough? Before you start the eviction process or call the police to have the tenant removed from the property, there are some laws and some procedures you should know and follow. VerticalRent did the research for you and created this quick guide to show you the eviction process in Illinois.
In the state of Illinois, a landlord must abide by the proper legal proceedings before they evict a tenant or they could face paying hefty damages to the tenant or have their eviction action dismissed by the court.
Self-Eviction is illegal and should never be implemented by the landlord. Self-Eviction is forcing a tenant to leave the property by shutting off their utilities, threatening the tenant, restricting access to the property, and creating noise disturbances that encroach upon a tenant’s rights to a peaceful environment.
Know Your Rights
As a landlord in Illinois, you can legally evict a tenant if and only if they:
- Damage the rental property
- Fail to pay rent when it is due
- Violate the lease agreement
- Don’t leave the property after their lease comes to an end
- Don’t have a lease, but pay rent monthly, then you are legally required to give them 30-day notice before eviction.
Putting a Tenant on Notice
In the state of Illinois, before the tenant eviction process can be started, a landlord must give written notice to the tenant. The notice must describe the tenant’s violation and that if the violation isn’t corrected the lease will be terminated after a certain number of days.
Types of Notice
5-day Notice is given to a tenant for failure to pay rent. The tenant has five days to pay the rent or the tenant must pay before the landlord files a Summons and Complaint for a Forcible Entry and Detainer.
10-day Notice can be given to the tenant in all situations other than nonpayment of rent. These situations can include but are not limited to damage to the rental property or for a breach of the lease agreement. The tenant has 10 days to rectify the situation or vacate the premises.
30-day Notice is given to a tenant to vacate the premises if and only if they have an oral lease agreement or if the lease agreement is less than 30 days. If the tenant is on a month-to-month lease agreement a written 30-day notice can be given to the tenant without a reason given.
In situations where the tenant has stayed past their lease expiration and no extension has been arranged, the landlord can file a Forcible Entry and Detainer in court without serving any notice.
VerticalRent® is not a law firm, and the employees of VerticalRent® are not acting as your attorney.Our free eviction notice service is not a substitute for the sound advice of a local attorney, whom is familiar with your local laws and regulations.VerticalRent® cannot provide you with legal advice, nor are we permitted to engage in the practice of law.Therefore, we are prohibited from providing you with any sort of advice, opinion, explanation, or recommendation about your possible legal rights – which may include remedies, options, defenses, or the selection of landlord forms available on the VerticalRent platform.
Our platform is designed to provide landlords and property managers with an education portal to share ideas, connect with one another, screen applicants, collect rent online, advertise vacancies, and generate free landlord forms.To that extent, our blog and community often publishes general information on legal issues commonly encountered by landlords – such as evicting tenants.
Although VerticalRent takes every reasonably effort possible to ensure the accuracy of its consumer reports and landlord forms, we do not guarantee or warrant the information to be correct, complete, or up - to - date.The law changes rapidly in across the United States, from jurisdiction to jurisdiction.
Finally, it should be noted that VerticalRent is not responsible for any loss, injury, claim, damage, or liability related to the use of our landlord forms or consumer reports generated from this platform.