ILLINOIS EVICTION PROCEDURE
A) Non-Payment
of Rent: In Illinois, the landlord must personally serve a five (5) day
notice to the tenant. The tenant has 5 days to pay the rent before the landlord
can proceed to the Eviction Process
.
B) Breaking
of Lease: A ten (10) day notice is personally served when a tenant breaks a
rule and regulation in the rental agreement.
C) End of
Tenancy: In Illinois, when the landlord wants to end a month to month
tenancy, a 30- day notice must be personally served to the tenant prior to due
date
The landlord will proceed to
the courthouse to file an Eviction after serving one of the three notices: non-payment of
rent, breaking of lease or failure
to move to end a tenancy.
The clerk will issue
Complaint
Summons
Order for Possession
The Complaint is notifying the tenant of
the alleged amount the landlord is seeking.
The Summons will have the time and place of the Eviction court hearing.
Order for Possession will be kept in your possession until court.
AFFIDAVIT OF NON-MILITARY SERVICE
With any default judgment granted in the Forcible Detainer or Small Claims Court, the
judge will request an Affidavit of Military Service. Also, when a Bench Warrant is issued in
the Debtors Examination, an Affidavit of Military Service is needed.
ERRORS IN THE COURT
HEARING
1) Not
picking up proof of services before court date.
2) Adding utilities and damages to the amount being sought
3) Talking to the tenant in the hallway prior to
the judge’s decision.
4) Surrendering a money judgment just to get their place back
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