An Illinois Complaint For Eviction For Residential Real Estate is a legal document used to initiate the eviction process of a tenant or occupants from a residential property. This document is filed in the county court by the landlord, or an authorized representative, and outlines the reasons why the tenant is being evicted. The complaint typically includes the address of the property, the name of the tenant, the date of occupancy, the terms of the lease, and the reasons for eviction such as nonpayment of rent, lease violation, or breach of contract. The complaint will also state the amount of rent due and provide a demand for possession of the property. There are two different types of Illinois Complaint for Eviction for Residential Real Estate: Summary Eviction and Formal Eviction. Summary Eviction is used when the landlord is seeking to evict a tenant for nonpayment of rent or other lease violations. Formal Eviction is used when the landlord is seeking to evict a tenant for any other reason that is not related to nonpayment of rent or lease violations.
Illinois Complaint For Eviction For Residential Real Estate
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How to fill out Illinois Complaint For Eviction For Residential Real Estate?
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FAQ
Do this at the courthouse in the county where you live to start your court case. After the forms are filed, take a copy of the Eviction Complaint and Summons to the sheriff's office. The sheriff will then serve a copy of the Eviction Complaint and Summons on the tenant. There will be a fee for this service.
There is a non-refundable filing fee of $60.50 which must be paid in the form of a check, money order or cashier's check. Two (2) Certified copies and two (2) additional copies of the court order are required at the time of filing.
It is illegal for a landlord to try to force a tenant to move out of a rental unit. Even if the landlord is successful with the eviction lawsuit, the only person authorized to remove the tenant is a sheriff or constable. Illegal Eviction Procedures in Illinois has more information on this topic.
The landlord must give the tenant notice and go through the court process to get an Eviction Order. Then they must get the Sheriff to remove the tenant from the unit. The landlord cannot change the locks or remove the tenant's property until the Sheriff enforces the Eviction Order.
For a tenant with no lease or a month-to-month lease in Illinois, the landlord can serve them a 30-Day Notice to Vacate to terminate the tenancy. This lease termination notice allows the tenant 30 calendar days to move out.
However, ing to the Illinois Forcible Entry and Detainer Act, you cannot physically force an unwelcome guest to move out of your unit. That's because they have 'possession' of the property by way of 'oral agreement' of the person who has claim of the title.
You'll have to formally terminate the unwanted guest's right to possession through a written 30-day notice to terminate their tenancy. If the individual still hasn't vacated the residence after 30 days, you have the right to file an eviction lawsuit. A judge can demand this individual vacate the apartment.
On average, it would take anywhere between 3 weeks to 6 months for a complete eviction process. This does not include any appeals for reconsideration.