Help With Evictions in the Chicagoland Area
Self-managing a rental home in Chicagoland can help owners reach financial goals faster, but it requires time, effort, and a solid understanding of local regulations, especially eviction laws.
Evictions in Chicagoland are governed by the Residential Landlord Tenant Ordinance (RLTO), which sets rules to protect both landlords and tenants. Understanding these rules is essential before starting an eviction, and consulting an attorney is strongly recommended. The first step in any eviction is confirming there is a valid legal reason. Common grounds include:
- unpaid rent
- lease violations
- property damage
- illegal activity, etc.
Landlords should ensure the reason is well documented, including payment records, the lease agreement, and any supporting evidence that justifies the eviction. The reason is you will likely be asked to provide this at the hearing.
The Eviction Process
The eviction process begins with serving the tenant a proper notice. The type of notice depends on the reason for eviction. Unpaid rent requires a 5-day notice, giving the tenant five days to pay before an eviction can proceed. Lease violations typically require a 10-day notice.
Notices must be served correctly. In Chicagoland and Cook County, notices must be hand-served to the tenant. Eviction notice rules vary by location, so property owners must understand local requirements, as other areas may allow notices by mail or email.
If the tenant does not rectify the reason for eviction within the notice period, the landlord can file an eviction lawsuit, called a Forcible Entry and Detainer action, in the Circuit Court of Cook County. This requires filing paperwork, paying a fee, and attending a court hearing where both parties present their case.
Court Hearings
At the court hearing, the landlord must present evidence supporting the eviction, such as the lease, payment records, and copies of eviction notices or related communications. If the judge rules in the landlord’s favor, the court will issue a judgment for possession and give the tenant a deadline to move out.
If the tenant does not leave by that deadline, the landlord can request an Order for Possession from the court. This allows the Cook County Sheriff to remove the tenant and their belongings. It's important to note, landlords cannot evict tenants themselves - the sheriff must handle the removal to ensure the eviction is legal and safe.
If this sounds like an ominous process, it is. Evictions can stress landlords emotionally and financially.
Communication is Key
Before starting an eviction, landlords should consider communicating with the tenant. Open and direct conversations can often resolve issues without legal action. This may include setting up a payment plan for unpaid rent or addressing lease violations.
Clear communication can help resolve problems, maintain a better landlord-tenant relationship, and potentially avoid eviction altogether. In many cases, a solution can be reached without going to court.
Things to Consider
When eviction involves criminal or illegal activity, landlords should act quickly and document everything. Police reports or other evidence are critical, as these situations can impact the safety of other residents.
Additionally, consider a better screening process up-front. A good screening process will help reduce potential for eviction. Once you've determined your screening parameters, stick to them. It is important to maintain consistency to show the courts fair and consistent treatment, should an eviction arise.
Conclusion
Evictions in Chicagoland require patience, careful documentation, and strict compliance with local laws. Landlords should keep clear records of payments, tenant communications, notices served, and any efforts to resolve issues before eviction. Mistakes can lead to delays, added costs, or a dismissed case, as Chicagoland laws strongly protect tenants.
Because eviction laws are complex, many landlords choose to work with a property management company or an attorney familiar with Chicagoland regulations. These professionals help ensure compliance and reduce risk. Call us here at PMI Service Group. We manage rental homes for residential tenants here in the Chicago area, as well as commercial and Associations (HOAs). We have many professional relationships that can help you in your journey - it never hurts to talk! 630-912-8742
