NAPERVILLE RESIDENTIAL LANDLORD EVICTIONS LAWYER
Rental Property Eviction Attorney for Landlords in DuPage County
As a residential landlord in the suburbs of Chicago, you have a lot on your plate: tenant acquisition, property maintenance, staff management, and rent collection, just to name a few. So when you have a non-paying tenant or even unknown occupants, why not let an experienced legal team handle your evictions?
At Gateville Law Firm, we have developed a time- and cost-efficient process to evict troublesome renters. Let us put it to work for you, so you can focus your valuable time on better things.
Why Should Residential Landlords Hire an Evictions Lawyer?
Avoid Costly Legal Errors. Residential evictions must be handled with care and attention to detail to avoid negative repercussions. For example, you should know that it is against the law to take actions intended to force out a tenant, such as the use of threats, lock-outs, or utility shut-offs (765 ILCS 735). At the other extreme is the landlord who is generous to a fault, wherein cash flow becomes insufficient to keep up the property. Gateville Law Firm provides the legal support you need to keep your rental business at a healthy level.
You may be tempted by the many websites offering free or low-cost templates for evictions. What these sites do not tell you, though, is all of the technicalities that can delay the process. Here is just one example: when evicting a Section 8 tenant in DuPage County, the DuPage Housing Authority must be copied on all legal notices.
Protect Your Cash Flow. Every day a tenant is not paying rent or is causing additional damage to a rental unit, your mortgages, taxes, maintenance, and other bills do not stop. Hiring Gateville Law Firm will give you peace of mind that your tenant evictions will proceed as swiftly as possible and in compliance with all regulations.
Residential Evictions Process for Illinois Landlords
Non-payment of rent and termination of a month-to-month rental agreement are the two most common reasons why a residential landlord resorts to the legal eviction process. The process is slightly different for each of these situations.
The Illinois law governing evictions is 735 ILCS 5/Art. IX - Eviction. Prior to January 1, 2018, this was known as the Forcible Entry and Detainer Act (FED or FEDA); the 2018 changes were mostly made to modernize terminology, but one key change requires all courts in the state to use a standardized residential eviction order form (735 ILCS 5/9-109.6).
Process and Timing to Evict a Residential Tenant for Failure to Pay Rent
The first legal step is to serve the tenant with a 5-day notice (a.k.a. the "demand for rent" notice) demanding full payment of rent owed.
If the tenant does not comply by the end of the 5-day period, the landlord may then file an eviction action (formerly termed a "forcible entry and detainer" complaint) in the county court where the rental unit is located. The court will then hear the case within two or three weeks. The goal of the court hearing is to obtain an eviction order (formerly termed an "order of possession"), which can also include a judgment for rent owed, plus attorney's fees and other related costs.
The eviction order specifies the date by which the renter must vacate the property (usually within two weeks), although various factors can shorten or lengthen this period. If the tenant does not move out voluntarily by that date, the landlord must ask the county sheriff to remove the tenant.
The landlord can expect to secure the property in roughly four to six weeks from the time the eviction action is filed. (Allow roughly two additional weeks for the 5-day notice to be drafted, served, and expire.)
Process and Timing to Terminate a Month-to-Month Residential Renter
A month-to-month rental agreement is defined as a written agreement with a term of less than one year, or any unwritten agreement wherein the tenant pays rent on a monthly basis.
To evict a month-to-month residential tenant, the first step is to serve a 30-day notice on the tenant (735 ILCS 5/9-207). If the tenant has not already moved out by the time the notice period ends, the landlord can file an eviction action in the county court where the rental unit is located.
The court will then issue an eviction order, allowing the landlord to re-take possession of the property from the tenant. If the tenant does not move out voluntarily, the county sheriff will have to forcibly evict the tenant.
The landlord can expect to secure the property in roughly four to six weeks from the time the eviction action is filed. (Allow an additional five or more weeks for the 30-day notice to be drafted, served, and expire. Note that the 30-day period does not begin until the next rent-due date after service of the notice.)
A Reliable Residential Evictions Lawyer for Landlords
When you need to evict a residential tenant, you want it done with as little hassle as possible. Contact Gateville Law Firm at 630-780-1034. The attorneys and staff in our Naperville office are committed to providing swift and sure legal eviction services for residential landlords in DuPage County, Kane County, Kendall County, Grundy County, and Will County.