How Long Does Non-Paying Eviction Take in Chicago?
Chicago evictions generally follow Illinois landlord and tenant laws for the process of eviction. Non-paying evictions take the shortest amount of time, as the tenant does not have many ways to defend not paying his rent. The amount of time that it takes to evict the tenant does vary slightly depending on the situation.
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Lease Termination
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A Chicago landlord has to send the tenant a notice that she is terminating the lease prior to heading to court. The initial notice is written by the landlord and tells the tenant why he is terminating the lease and sets the number of days the tenant has before she must vacate the property. Chicago has a minimum number of notice days needed for different types of eviction. If the landlord seeks to terminate a tenant due to non-payment, he sends a 5-day pay or quit notice. If the tenant is not following lease terms, a 10-day notice to fix the problem or leave the apartment is sent. If a tenant does not have a written lease in Chicago, she is considered a month-to-month tenant. In this situation, the landlord does not need to present a specific cause to terminate the lease. Instead he gives 30 days notice.
Eviction Filing
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The landlord is unable to file the eviction complaint in court until after the five-, 10- or 30-day notice period has expired. If the tenant leaves during this time, he doesn't need to file the eviction in court. Otherwise the landlord goes to the closest district court and files a lawsuit called an "forcible entry and detainer." The amount of time between the eviction filing and the hearing depends on the schedule of the court, and can take anywhere from several weeks to a month.
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Hearing
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The hearing rarely goes beyond one session, as many Chicago evictions are for nonpayment instead of circumstances where the tenant may be able to mount an affirmative defense. If the tenant fails to file an answer a default judgment is issued against the tenant. Otherwise both parties can present their case to the district court judge. The court tells the tenant exactly how long she has to leave the property following the judgment.
Writ
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The last waiting period comes after the time allotted by the court expires. If the tenant still stays in the home after being notified of the court-ordered eviction deadline, the landlord goes back to district court and files a Writ of Possession. The Writ is delivered to the sheriff's office, who then executes it. The execution of the writ is a physical eviction, although the specific scheduling of the execution depends on how many evictions the sheriff's office is currently doing.
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References
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