Getting evicted or having to evict someone is a long and complicated process no matter where you are, but Illinois makes it a bit more tricky. Under Illinois law, a landlord can’t personally evict a tenant. A local sheriff’s office will have to get involved, and that’s just the beginning. There are a wide variety of laws impacting how evictions work in the state. Learn all about Illinois eviction laws, and discover how to separate the facts from the misconceptions.
Justifications for Eviction
The most important aspect of Illinois eviction laws to know is what qualifies as a justification for eviction. The most obvious justification is failure to pay rent. Paying rent on time is the basic expectation of any tenant and a central aspect of every leasing agreement. Additionally, a tenant can be evicted for violating any part of the lease agreement.
There are other justifications as well, but they’re not as common. If a tenant causes extensive damage to the property, that can be justification to evict. Even if avoiding damage isn’t explicitly stated in the leasing contract, it’s assumed as a given under Illinois law. Tenants who refuse to leave their unit after the lease has expired can also be evicted. Month-to-month renters without a written lease can also be evicted by the issuance of a 30-day notice from the landlord.
What Landlords Cannot Evict For
While the aforementioned justifications for eviction are sound and legally valid, there are other justifications that landlords may attempt to use that aren’t valid. For example, there are basic discrimination protections in Illinois that prevent landlords from evicting tenants based on race, color, national origin, sex, disability, religion, sexual orientation, or age.
Landlords are also unable to evict tenants in retaliation. For example, if a tenant complains about a problem with the unit, and a building inspector determines that the problem is valid, the landlord cannot evict the tenant as punishment. Keep that in mind if you ever hesitate to report a serious problem.
Additionally, there are several scenarios in which not paying rent doesn’t qualify for an eviction. For example, if a tenant had to leave the property for a time due to domestic violence or the threat of violence and didn’t pay rent during that time, the tenant is legally protected from eviction. Additionally, if tenants get a notice of late rent and pay before the notice period ends, They’re protected from eviction.
Eviction Notices
If a landlord decides to move forward with eviction for any reason, they have to draft a formal eviction notice. This notice must include a description of the unit or rental property (i.e. the address) and a request that the tenant pay the rent due immediately as a last-chance measure. The notice will also include a set time frame for the tenant to leave. This specific time frame can vary, based on the situation, but there are three types allowed:
Five-day notice: These eviction notices are given when a tenant fails to pay the rent. This is the only scenario in which a five-day notice is allowed, and this is the shortest time frame a landlord can legally offer.
10-day notice: Tenants who violate the terms of their lease in a manner other than failing to pay rent can be issued a 10-day notice. These are typically reserved for tenants who have unauthorized pets or who are using their unit for illegal activities. Keep in mind that most areas in Illinois don’t offer the tenant time to fix the problem before eviction.
30-day notice: This is the longest time frame available from a notice, and it’s reserved for month-to-month leases without a written lease agreement.
Serving the Notice
Knowing the specifics of how an eviction notice can be served matters to landlords and tenants alike. Legally speaking, the requirements for serving the notice are designed to protect both parties. Of course, landlords can always hand-deliver the notice. If they can’t give it to the tenant in person, however, they can hand-deliver it to someone who lives at the unit who’s at least 13 years old.
Instead of hand delivery, there are other methods available. If a landlord can give a notice to the tenant in person, but the tenant refuses to accept it, simply leaving it on the ground in front of the tenant is considered a valid delivery. If no one can be reached, a certified email with a requested return receipt and a posted notice on the door are also valid. Keep in mind that posting on the door is considered valid as long as the lease agreement maintains that the tenant should be living at the property. It doesn’t matter how much time they spent there in reality.
Involving the Law
After an eviction notice has been served, the landlord has to file an official complaint if the tenant doesn’t vacate the property. This will have to be filed with the local county clerk’s office. After that is finalized, both the landlord and the tenant will be issued a court date, at which time the details of the eviction will be discussed.
During the court appearance, the landlord will have to argue why the eviction is justified, while the tenant will argue against it. If the landlord wins, the tenant generally has two to three weeks to vacate the property. Given the extra time to vacate, it is possible a tenant may go to court just to earn a few extra days to find a new place and move, though there are consequences to that strategy. Should the tenant win, however, he or she is free to stay at the property until the end of the lease or until there’s another justification to move forward with an eviction.
Finding and Listing Rentals With Zumper
If you find yourself looking for a new rental or you’re seeking to place a new listing after an eviction or eviction attempt, Zumper is happy to help. Get in touch with our team today, and we can help with all your rental property needs — down to the application or applicant screening process.
Related content
