Eviction Process in Illinois
Landlord serves a five- to ten-day eviction notice.
Landlord files an eviction lawsuit with the court.
Court serves the tenant a summons.
Landlord and tenant attend court hearing and receive judgment.
Tenant gets seven to 14 days to move out.
Sheriff arrives to forcibly remove the tenant.
Tenants in Illinois can be evicted for failing to pay rent, holding over after the lease expires, violating another lease term, or engaging in criminal activity on the premises.
It’s important to note that under state law in Illinois, only full payment of the rent demanded waives the landlord’s right to terminate the lease and evict the tenant for nonpayment, unless the landlord agrees in writing to continue the lease
in exchange for partial rent (735 ILCS § 5/9-209)
1. Landlord Serves a Five- to Ten-Day Eviction Notice
When does eviction start in Illinois? If any of the above lease violations occur, the eviction process starts when the landlord serves an Illinois eviction notice and states that the tenant has the appropriate number of days to remedy or cure the violation. There are three possible eviction notices a landlord may send in Illinois:
Rent Demand Notice: 5 days to pay or quit. If rent is unpaid when due, the landlord must deliver this notice stating the amount of unpaid rent required to remedy the breach and the date on which the lease will terminate if it is not paid (not less than five days after receipt of the notice) (735 ILCS § 5/9-209).
Partial payments can be accepted during this five-day period, but they do not interfere with the eviction process unless the landlord agrees to extend the lease in exchange for partial payments. The landlord should include a statement asserting so in the rent demand notice.
Lease Violation Notice: 10 days to quit. If a tenant violates another lease term, the landlord must deliver this notice stating the breach the date on which the lease will terminate. The landlord is not required to give the tenant an opportunity to fix or “cure” the violation (735 ILCS § 5/9-210).
Sheriff Arrives to Forcibly Remove the Tenant
If the tenant has not moved out of the unit within the time specified by the eviction order, the sheriff will return to forcibly remove the tenant from the premises.
The landlord is NOT required to store any personal property that the tenant leaves behind.
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