As a landlord in Illinois, in order to legally evict a tenant who has not paid rent, you must follow the proper legal procedures. Here are the steps you should take:
- Serve the tenant with a written notice you are terminating the lease due to non-payment of rent.
In Illinois, you must provide your tenant with a written demand for payment of rent before proceeding with the legal process. The notice must include the amount of rent owed and the date by which it must be paid, as well as a warning that failure to pay may result in eviction.
- Wait for the notification period to expire.
In Illinois, the tenant has five days to pay the rent or move out after receiving the notice. If the tenant pays the rent or moves out during this period, you cannot proceed with the eviction.
- File a complaint for eviction.
If the tenant does not pay the rent or move out after five days, you can file a complaint for eviction in court. It is recommended that you hire an attorney to prepare and file the complaint.
- Attend the court hearing.
The court will schedule a hearing to determine whether the eviction is justified. You and the tenant will both need to appear in court. You should bring evidence to prove that the tenant has not paid rent and that you followed the proper legal procedures.
- Obtain a court order for the eviction.
If the court determines that the eviction is justified, it will issue an order for the eviction. This order will specify the date by which the tenant must vacate the premises.
- Evict the tenant.
If the tenant does not move out by the specified date, you can have the sheriff remove the tenant from the premises.
It is important to note that there are some limitations and exceptions to the eviction process. For example, you cannot evict a tenant as retaliation for exercising their legal rights, such as reporting unsafe conditions or complaining about repairs. If you have any doubts or questions about the legal process, it is advisable to consult with an experienced attorney.
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