How to Evict a Tenant in Cook County, Illinois
Eviction is a legal proceeding commenced by a landlord to remove a tenant from his property. Landlords often bring evictions because of a tenant's failure to pay rent, but evictions can also result from an act that breaches the rental agreement. In Illinois, landlords looking to evict a tenant must show cause for eviction in court. In Cook County, landlords may also need to comply with local, municipal regulations regarding evictions.
Other People Are Reading
Instructions
-
-
1
Establish the grounds for which you want to evict the tenant. In Illinois, you may evict a tenant who has violated a term in the lease agreement, remained on the premises beyond the last day of the lease agreement, damaged the property or failed to pay rent. You may not evict a tenant in retaliation for reporting housing violations, nor may you evict a tenant who had to leave the premises due to domestic violence.
-
2
Give notice of the eviction to the tenant by mail, in person or by posting on the door if nobody lives on the premises. The total amount of days notice that you must give the tenant can vary in Cook County. For example, the state law requires five days notice, but in Evanston the notice must be 10 days. The notice must clearly state the premises to which the notice of eviction applies, must explain the reasons for eviction and must be signed by the landlord.
-
-
3
Sign an affidavit of service in the presence of a notary public. The affidavit of service verifies that you have served the tenant with a notice of eviction.
-
4
File a lawsuit for eviction by submitting a complaint and summons to the Cook County court. Submit the proper filing fee, the affidavit of service and a copy of the notice of eviction when you file the lawsuit.
-
5
Attend the court hearing. In Cook County, the court often hears the case at the first scheduled hearing; be ready to argue your case. Make the case by explaining the grounds for eviction and proving that you have given notice of the eviction to the tenant.
-
6
Wait for the court's disposition. If the court rules in your favor, deposit the order for eviction with the Cook County Sheriff's Office and pay a fee for the sheriff to evict the tenant. The sheriff maintains a website listing the upcoming evictions; you can check to see when the tenant is scheduled for eviction on that website.
-
1
Tips & Warnings
Never attempt to evict a tenant without first obtaining an eviction order from the Cook County court.
References
Resources
- Photo Credit Hemera Technologies/AbleStock.com/Getty Images
