Eviction

If problems or disagreements between you and your landlord arise, s/he might seek to evict you. By law, landlords must follow a series of procedures before removing tenants. Causes for eviction include:

• Non-payment of rent;

• Violating the lease;

• Damaging the apartment beyond normal wear and tear;

• The building is damaged, destroyed, sold or foreclosed;

• If you do not have a written lease, you can be evicted without cause as long as the landlord provides a 30-day notice. This also applies to month-to-month leases.

Before a landlord can sue for eviction, regardless of whether or not you have a written lease, the landlord must provide a written notice stating that s/he is commencing eviction proceedings. This is the first step in a legal eviction. Notification can be accomplished by:

• The landlord personally serving the notice to the tenant;

• Serving the notice to anyone in the unit who is at least 13 years old;

• Serving the notice by registered or certified mail, together with a signed receipt by the tenant; or

• If the tenant abandons the property, the landlord can post notice at the property.

Landlords must provide notice of how much money is owed, if applicable, and provide a specific timeframe for payment. Landlords must provide at least five days' notice after serving a written notice for rent payment (the "five-day notice"). If you pay within the timeframe, the landlord must accept your rent. If you do not pay, the landlord can sue for eviction. If the landlord accepts the full rent after the five-day notice expires, s/he loses the right to sue for eviction.

Once the eviction process begins, you can be sued for either possession of the apartment, payment of rent, or both. You can also be sued for court costs and attorney fees.

Attend the eviction trial, as this will be your only chance to plead your case to the judge and avert a possible eviction. Bring whatever letters, payment stubs or other proof of documentation you have concerning the eviction. Also bring witnesses who support your case. If you are withholding rent because of repairs that you personally made to the space, bring proof of payment and documentation that you notified the landlord of your intentions.

If the landlord wins the eviction suit, the court will give you a minimum of five days to move out. You might secure additional days by speaking with the judge. Speak openly and honestly in court, maintain your composure, and always respect the judge’s remarks and instructions.

During the trial, the landlord must prove the following:

• You violated the lease;
• S/he has the right of possession of the apartment;
• S/he has properly ended the lease with a 30-Day Notice;
• She/he has properly served the 5-Day Notice;
• S/he has properly adhered to the eviction procedures outlined by Illinois law.

Your landlord cannot remove you or your belongings from the property without a court order. If you are not fully moved out of the space by the close of business on the required date, the landlord can then remove your personal property.

However, only a Cook County Sheriff can physically remove your belongings from the premises. If the landlord attempts to personally remove your belongings, even if you have stayed beyond the move-out date, call the police immediately.

If you are served with a complaint through a forcible entry or detainer (i.e. an eviction notice), you should immediately consult an attorney. If you cannot afford an attorney, the resources in Chapter 4: Professional Services, as well as those found in this chapter, point you to organizations that offer reduced cost and/or free legal counsel.