Evicting a tenant in Illinois is a formal legal process with strict notice and filing requirements. Skipping a step, or serving a notice incorrectly, can force a landlord to start over and lose weeks of time. This guide walks through the Illinois eviction process from notice to enforcement.
Step 1: Serve the Correct Notice
Before filing, the landlord must give the tenant written notice. The type depends on the reason:
- 5-Day Notice for nonpayment of rent, giving the tenant five days to pay or move.
- 10-Day Notice for a lease violation other than rent.
- 30-Day Notice to terminate a month-to-month tenancy.
The notice must be properly delivered, and how it is served matters. Improper notice is one of the most common reasons eviction cases are dismissed.
Step 2: File the Eviction Complaint
If the tenant does not comply, the landlord files an eviction complaint (formerly called a forcible entry and detainer action) in the circuit court for the county where the property is located. The court issues a summons setting a hearing date.
Step 3: Serve the Summons and Complaint
The tenant must be formally served with the summons and complaint, just like any other lawsuit. Professional process serving ensures the tenant is served correctly and on time, with a court-ready affidavit of service, so the hearing can proceed without delay.
Step 4: The Court Hearing
At the hearing, the judge reviews the case. If the landlord prevails, the court enters an order of possession granting the property back to the landlord, often with a short stay before enforcement.
Step 5: Enforcement by the Sheriff
A landlord may never remove a tenant personally. Only the county sheriff can enforce an order of possession and physically restore the property to the landlord.
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This article is general information about Illinois law and is not legal advice. For guidance on a specific matter, consult a licensed attorney.