State of Illinois Eviction of Tenants Rights
Illinois tenants have certain rights under a lease agreement established between the tenant and the landlord. These rights are provided by the Illinois state statutes concerning landlord and tenant agreements. During an eviction, tenant rights cover the tenant's right to defend himself, his property rights and the amount of time the tenant has to leave during an eviction.
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Notice
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A termination notice has to be sent to a tenant in Illinois when the landlord seeks to dissolve the landlord and tenant relationship between the two parties. The tenant may get one of three different termination notices, depending on the exact reason that the landlord is removing the tenant from the rental property. The minimum notice periods set by Illinois state statutes are five days for nonpayment, 10 days when the tenant isn't following the lease, and 30 days for terminating a month-to-month tenant's lease.
Service
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The tenant must be properly served during all steps in the eviction process. Only the first notice can be served by the landlord himself. After the termination notice, the tenant receives a court summons, judgment notice and writ of possession notice. All of these subsequent notices must be hand-delivered, given to someone on the property, or posted and mailed to be considered proper service.
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Hearing
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An Illinois tenant has the right to defend herself in a hearing and present her side of the case. While eviction cases are often cut and dry, as they're due to nonpayment of rent, they can get quite complicated. Landlords may attempt to evict a tenant in retaliation for an act or to discriminate against a tenant. Landlords may also attempt to evict a tenant after a partial or full rent payment, which is also illegal.
Eviction
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A tenant receives a court-assigned number of days to leave the property if he loses the eviction case. If he still doesn't leave the property during this period, the Illinois landlord requests a writ of possession to get her property back. The sheriff informs the tenant when the eviction is going to take place and returns to escort the tenant off of the property at that time.
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