How to Evict a Tenant in Oak Park, Illinois
You can evict a tenant for nonpayment of rent or lease violations in Oak Park, Ill., but you must follow local eviction rules and procedures. Failing to follow eviction notice and filing rules can make you legally liable to the tenant for damages arising from the improper eviction. Evictions in Oak Park must go through the Cook County Circuit Court, the court with jurisdiction over the village.
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Instructions
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Document the reason for the eviction if other than nonpayment. Take photos of property damage and get signed statements from witnesses and other tenants.
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Write a notice for a nonpayment eviction, as is necessary in Oak Park. The notice must state the total amount of rent due plus any fees and include the rental address, the date the tenancy will end after the notice and the landlord's signature. Make two copies. Send the notice to the tenant by certified mail, return receipt. Keep the receipt. Wait five days. You cannot evict if the tenant pays rent before the five days pass.
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Write a notice for any other eviction reason. State the lease terms, which terms the tenant violated and the date of each violation. Include when the tenancy will end, the rental address and the landlord's signature. Make three copies. Send the notice to the tenant by certified mail, return receipt. Keep the receipt. Wait 10 days. You do not have to give the tenant 10 days to cure the lease violation in Oak Park, as is necessary in some other areas of Illinois, but you must give the tenant 10 days to vacate voluntarily before proceeding.
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Visit the Cook County Circuit Court. The address is:
Richard J. Daley Center
50 West Washington St., Room 601
Chicago, IL 60602
Bring a notice copy and the return receipt. Ask for Forcible Entry and Detainer forms. You will receive a "Complaint" form and a "Summons" form.
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Complete the forms. You need the reason for the eviction, the tenant's name and addresses, the landlord's name and addresses and the address of the rental. Attach a copy of the notice and the return receipt to the complaint.
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File the forms in the Cook County Circuit Court. The filing fee is $237 for total damages of $15,000 or less as of 2011, while filing a case that exceeds $15,000 is $432. Get three stamped copies of each. Keep one set for your records.
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Take two copies of the complaint and the summons to the Sheriff's Office in Room 701 of the circuit court. Arrange for service on the tenant. The fee varies, as the office charges a fee for mileage and the service.
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Attend the court date. Bring all evidence, a copy of the notice and the lease, a copy of the summons and complaint and any witnesses with you.
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Tips & Warnings
Do not lock a tenant out of the unit or cut utility service.
