Attorney Handling Commercial Evictions for Landlords in Wheaton and Naperville

Commercial rentals encompass a wide range of property types, from office space, to retail shops and restaurants, to industrial, warehouse, and even farming properties. Yet the main reason for a landlord to evict any commercial tenant is the same: failure to pay rent on time. And the remedy for that is the same: serving the tenant a 5-day notice to pay in full, and then filing an eviction action in county court.

Of course, there are other reasons and methods to deal with a troublesome tenant. If the tenant is conducting lease-forbidden activities or even illegal activities on the premises, or if they are violating the terms of their lease in some other way, the tenant can be served with a 10-day notice of eviction for cause. Or, if the tenant is on a month-to-month lease (written or oral), the renter can be served with a 30-day notice of termination.

At Gateville Law Firm, we know that any non-paying or disruptive tenant puts a crimp in your cash flow. That demands a swift and consistent response. We have developed a systematic approach that delivers efficient evictions for commercial landlords. We meet your needs for a cost-effective, reliable, no-hassle resolution to tenant problems.

How to Evict a Commercial Tenant in Illinois

The first step in evicting a commercial tenant in Illinois is to serve the tenant with a demand notice, which tells the tenant what they must do, and by what date, to prevent their eviction. For example, a non-paying tenant would be served with a 5-day notice demanding payment of all rent owed; a tenant who has violated the terms of their lease in some other significant way would be served with a 10-day notice of eviction for cause; and a tenant on a month-to-month lease would be served with a 30-day notice. Note that if the tenant's lease specifies a notice period longer than the minimum required by state law, the terms of the lease must be followed.

The landlord must now wait for the notice period to expire. In the case of a 5-day notice, if the tenant pays the full amount demanded on time, the tenant is back in good standing. In the case of a 30-day notice, if the tenant moves out by the date stated in the notice, then no further action is needed.

If the tenant does not fully comply with the demand notice, the next step is to file an eviction action (prior to 2018, this was known as a "forcible entry and detainer" complaint) in the county court where the property is located. The court will then set a trial date, typically two to three weeks out. This is typically a bench trial in front of a judge, although either the landlord or the tenant may request a jury trial, unless the commercial lease specifically includes a "waiver of jury" provision.

At the trial, both sides can argue their case before the court, and the judge will decide whether or not to grant the eviction. If the judge grants the eviction, an eviction order (formerly known as an order of possession) will be issued, and the tenant will be ordered to move out by a specified date (usually 7 to 14 days). The court can also issue a judgement for monies owed to the landlord; those amounts are typically specified in the eviction action filing.

If the tenant does not move out by the court-ordered date, the landlord must then arrange for the county sheriff to forcibly evict the tenant, which typically takes a couple of weeks to execute.

Following the eviction, the landlord must still try to collect the past-due rent, attorney fees, and other costs awarded by the judge.

Gateville Law Firm can manage all steps in the process: drafting and serving notices, filing eviction actions, representing the landlord in court, collections, and drafting new lease agreements.

Contact a DuPage County Lawyer for Commercial Evictions

When you need to evict a commercial tenant, contact Gateville Law Firm at 630-780-1034. Our attorneys and staff are dedicated to serving the legal needs of commercial property owners and managers in DuPage County, Kane County, Grundy County, Kendall County, and Will County.