How to initiate an eviction

[Tim Sutton]

BP, I have an issue that I wanted to share with the network to gather some advice. I have a tenant who is several months behind and I would like to get her out of my place ASAP. Should I get an attorney involved? What type of notices should I enforce? Any help would be greatly appreciated. 

Thanks, 

Tim

[George Skidis]

It depends on what part of Illinois you are in. There is Chicago and Cook County which have some bizarre rules and then there is the rest of us. So for the southern part of the state it goes like this.

5 Day Notice -Non payment of rent

10 Day Notice - Breach of lease

30 Day notice - Terminating month to month without cause.

So pick the correct notice and have it delivered or served it to the resident.

Add one day to the notice not including the date of service and you can file at the court house. So served on Monday Count Tue-Fri skip Sat and Sunday and Count Monday and you can file on Tuesday of the following week without invalidating your service for a five day notice. So don't count the day of service or weekends and you should do fine.

Once filed at the courthouse you need to have "Service" on the resident. Service is usually County Sheriff's deputy or private detective. You can also have a special process server appointed in certain counties.

Once they are served a preliminary hearing is set where they can plead all sorts of things. If at all possible attend this and ask for a judgement if they don't show. If you don't get it a court date is hopefully set. The problem here is FAILURE to follow the rules gets your case pitched out and you have to start all over.

You are out of state. GET an attorney. Don't have one give me a call I can set you up with an attorney at a 25% discount. If you are in Chicago you really need an attorney because your resident will get on for free in the Peoples Republic of Cook County.

I am not an attorney, do not play one on TV and this is not to be considered legal advice.