Illinois Eviction Process Questions

[Kyle Cortez]

I know I should have hired a lawyer, but I'm young, assumed my tenant would not show so now I am representing myself Pro Se in an eviction case in McLean County Illinois. 

Here's the backstory:

Currently in the middle of an eviction lawsuit against my tenant for non payment of rent. I followed the basic steps thus far. I served a five day pay or quit (which I had notarized), I waited until the 6th day and began eviction proceedings at the county courthouse, and filed for "forcible entry and detainer."

After getting my paperwork approved by the county clerk, I took the copies of the court summons and of the complaint to the sheriff to have the tenant served. 

At the court date, we appeared informally in front of the judge who basically asked if we could work it out on our own, or if it needed to go to trial. I assumed that at this date I would prevent evidence for non-payment, etc. but instead a trial date was set.

So what next? Does anyone have any experience with this? Will this "trial" be just as informal and will we just stand at the bench and not sit at the tables like in Law and Order? What evidence should I bring and do I need to submit paper evidence beforehand?  (So far I've collected a copy of my deed, bank statements, and accounting.) Any advice (other than to go get a lawyer) would be immensely appreciated. 

Thanks,

Kyle

[Nathan Gesner]

@Kyle Cortez it appears Illinois does it differently. Your trial could be on the day of summons or it could take place on another day, which seems to be a complete waste of time and a perfect example of why our court systems are backed up. 

You'll want to bring the following items:

• A copy of the eviction notice and proof of service;
• A copy of your Eviction Complaint and Summons;
• A copy of the lease;
• Any witnesses to support your case; and
• Any objects, photographs, or other evidence you want considered.

You may have emails or texts to include. For example, if the Tenant sent you a text saying, "Sorry my rent is late but I'll try to catch up next month when I get my tax return" then you want to print that out and present it as evidence the tenant was aware of their late payment. This is why I regularly stress for Landlords to always communicate in writing, even if it's a text message.

The actual hearing is informal. You will start by presenting your case against the tenant. Keep it short, simple, and unemotional:

The tenant will get an opportunity to present his defense. In every case I've sat through, the tenant makes excuses about their car breaking down, Aunt Gertrude passing away, or losing hours at work, but they never present any evidence that the rent was not owed. In the last eviction I had, the first words out of the tenant's mouth were, "I know I owe a lot of money but..." The judge was not very kind to her. If you've done your homework, you will provide proof of unpaid rent and the tenant will provide nothing but excuses or lies. Take notes about what the tenant says in case you need to rebut or provide additional evidence. I've never had to because the Tenant never presents any proof that I'm wrong. Avoid any back-and-forth about who said what, emotional arguments, or rabbit trails that don't pertain to the case. The tenant failed to pay rent, you want them out, and you want a judgment for what is owed.

I disagree with @Chris Youssi. This is not a jury trial or a complicated case and there are tons of property managers and Landlords that represent themselves regularly. I've done dozens of evictions and never lost a single one. Did the tenant owe rent? Yes or no. Did the tenant pay rent? Yes or no. Do you have documentation to prove your case? Yes or no. I think it's foolish to pay an attorney $800 - $1600 to hand over a few documents and explain some very simple facts or answer a couple questions.