DGAA bLAWg

Forcible Entry and Detainer Actions

Web Admin - Friday, October 09, 2015

Illinois real estate attorney, forcible entry, eviction noticeIn some disputes involving a rental of property, it is possible for a landlord to evict a tenant. In order to successfully evict a tenant, the landlord must comply with the laws governing eviction proceedings. These laws are intended to provide for a means of obtaining evictions, while simultaneously protecting tenants from unjustified eviction attempts. 

Eviction Process 

Pursuant to Illinois law, under certain circumstances, it is possible for a landlord to file a claim, known as a forcible entry and detainer lawsuit, to evict a tenant. Some of the reasons a landlord may be justified in seeking eviction include, but are not limited to, the following: 

1. Failure to pay rent;

2. Violation of the lease terms; or

3. Remaining in the property after the agreed upon lease term has passed. 

In some cases when issues arise, the tenant may voluntarily leave the property. However, if the tenant refuses to relinquish the property, the landlord may be forced to file a forcible entry and detainer lawsuit to initiate eviction proceedings. The first step in the process is to serve notice on the tenant of the intention to terminate the lease. The best way to satisfy the service requirement is to personally hand the tenant the notice. Alternatively, it can be left with someone that lives in the property who is at least 13 years of age. The notice requirement is not satisfied if the notice is left with a guest or visitor to the property. 

If personal notice is not possible, constructive notice is also sufficient. Constructive notice can be accomplished by mailing it by certified or registered mail, return receipt requested. If there is no one in actual possession of the property, the notice can be attached to the property. After notice has been properly served and the issue has not been corrected or the tenant has not moved out, the lawsuit to evict can be filed.

A forcible entry and detainer claim seeks to obtain an “Order for Possession” from the court, which grants the landlord the right to take possession of the property. If the Order for Possession is granted, in most cases, the court will also grant a “stay of enforcement” in order to give the tenant time to find a new place to live. After the stay expires, the Sheriff’s Department will assist the landlord in removing the tenant from the property. 

In addition to the claim for the property, the landlord can join a claim to obtain rent due. However, if constructive notice was used to satisfy the service requirement and the tenant does not appear, the court can only rule on the possession claim and not whether any rent should be paid to the landlord. If the possession claim is decided, it is final, enforceable, and appealable. If the landlord wishes to continue with the rent claim, it remains pending. 

Real Estate Attorneys

Unfortunately, disputes between landlords and tenants do arise. When those issues are significant enough, eviction of the tenant may be sought. If you have questions about the rental of property, contact an experienced Illinois real estate attorney today. Our firm provides representation for individuals located throughout the northwest suburbs, including the communities of Long Grove, Arlington Heights, Schaumburg, Palatine, Inverness, Kenilworth, Riverwoods, Barrington, South Barrington, and Mount Prospect. 

About the Author: Founding partner of Drost, Gilbert, Andrew & Apicella, LLC, Colin Gilbert, received his J.D. from Chicago-Kent College of law in 2005. Colin argues cases across many practice areas including criminal defense, collections, civil litigation, real estate law, and corporate law. Colin is an active member of the Board of Governors of the Northwest Suburban Bar Association and the Illinois Creditors Bar Association. He is currently Vice President of the Arlington Heights Chamber of Commerce, and is a Commissioner for the Village of Arlington Heights. Colin has a 10.0 Attorney rating on Avvo, and was named one of the 2014 “Top 40 Under 40” Trial Lawyers in Illinois by the National Trial Lawyers Association.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=073500050HArt%2E+IX&ActID=2017&ChapterID=56&SeqStart=66600000&SeqEnd=74400000



Recent Posts


Tags

Deer Park traffic accident attorney Des Plaines real estate lawyer marijuana breathalyzer test employees Illinois traffic attorney dram shop law Crystal Lake car accident lawyer Long Grove estate planning Barrington business law firm Rolling Meadows criminal lawyer pedestrian-automobile accident unpaid overtime probate claims Rolling Meadows employment law attorneys Illinois Sales Representative Act Rolling Meadows insurance dispute lawyers Illinois insurance lawyer Barrington drug crime attorney Crystal Lake car accident attorney car crashes pedestrian injuries, pedestrian fatality Illinois boating accident lawyer Des Plaines personal injury lawyers products liability Deer Park accident attorney Deer Park medical malpractice attorney medical research medication errors School Visitation Rights Act employee rights in terrorem provision Illinois motorcycle accident lawyer jet ski Illinois employment laws traffic tickets traffic violations texting while driving Illinois insurance claim dispute lawyer Deer Park real estate law firm new real estate form Rolling Meadows accident lawyer Illinois business law atorneys Crystal Lake medical malpractice law firm commercial leasing trustee Illinois civil litigation lawyer murder digital assets, digital fiduciary, estate planning, digital content, Long Grove estate planning lawyers advance healthcare directive pain and suffering FSLA medical malpractice Illinois pet lawyer Rolling Meadows Traffic Lawyer Illinois traffic attorneys vacation home fines construction accidents car crash injuries BAIID trench injuries Inverness probate lawyer Palatine criminal defense lawyer Rolling Meadows corporate lawyer Barrington litigation attorney Rolling Meadows insurance lawyer Illinois trucking safety drugs trust payments spinal cord injuries Home Sale Contingencies condo Des Plaines claims law firm Chicago biking tips unauthorized overtime Buffalo Grove insurance claim dispute lawyers DUI penalities Illinois employment attorneys personal injury accidents Long Grove wills and trusts attorneys paid sick leave Inverness real estate lawyer Illinois employment law attorney Arlington Heights TBI attorney Thanksgiving Illinois speeding lawyer Barrington medical malpractice lawyers traumatic brain injuries caregiver Illinois defective products attorney problem employees insurance dispute attorney foreclosed rental property Des Plaines personal injury lawyer Illinois personal injury Palatine employment lawyer Illinois estate planning digital information Rolling Meadows traffic law firm filing a medical malpractice claim traffic deaths real estate contract Illinois employee rights attorney. Inverness corporate attorney Illinois medical malpractice claim license insurance claims Illinois insurance claim dispute lawyers Joliet general practice lawyers underinsured motorist insurance claim delay Rolling Meadows employment law attorney auto accidents Arlington Heights estate planning attorney insurance denial appeals CAM modern family estate planning Arlington Heights personal injury lawyer Buffalo Grove traffic attorney Barrington injury attorney Arlington Heights Traffic Lawyer no contest clauses taxes first degree murder Crystal Lake will lawyer home inspection lawyer Rolling Meadows litigation lawyer deed transfer Whistleblower Claims compensatory time guardianship attorney pregnant women Arlington Heights employment attorney Schaumburg estate attorney criminal drug crime cell phone accidents pet bites reckless homicide estate planning Illinois workers compensation attorney liability Deer Park employment law attorney Illinois will lawyer employment contract, employment law, employment at-will, Deer Park employment law attorneys, contract, Barrington Traffic Lawyer right to work Rolling Meadows Attorney Illinois medical malpractice case Long Grove estate planning attorney hands free device workers compensation Chicago will attorney field sobriety test Arlington Heights lawyer Des Plaines insurance attorney breach of contract Illinois employment law firm Inverness DUI lawyer workers compensation benefits Barrington boating accident attorney Schaumburg civil litigation attorney appealing an insurance claim Illinois insurance dispute lawyers Buffalo Grove corporate attorney Barrington criminal lawyer pedestrian accidents traffic laws criminal record denied insurance claim insurance dispute, insurance dispute lawyers, insurance claim denial, insurance claim delays, Rolling Meadows insurance dispute attorneys DUI defense probate claims process murder charges estate planning, digital assets, Revised Uniform Fiduciary Access to Digital Assets Act, Illinois digital assets, Illinois estate planning, Illinois estate planning law firm Illinois jet ski accident lawyer Chicago insurance law firm Liquor Control Act healthcare claims estate planning, death tax, succession plans, business estate plans, Barrington estate planning lawyers elder law insurance denials Arlington Heights wills and trusts attorney insurance attorney rollover car crashes Buffalo Grove injury lawyer Rolling Meadows civil litigation Palatine traffic lawyer special needs trust small business Barrington employment law attorney Employment Discrimination Law corporate law medical malpractice claims Arlington Heights medical malpractice lawyer blood alcohol content Chicago trucking accident attorney Buffalo Grove personal injury lawyer car crash motorcycle accident lawyer medical malpractice compensation real estate Rolling Meadows insurance attorney Chicago corporate attorney Illinois insurance claims lawyers Inverness real estate attorney Long Grove estate planning attorneys Illinois employment law attorneys low-ball insurance settlement back injuries Illinois construction accident attorney car accident lawyer IRA trust transfer Rolling Meadows personal injury attorney internet South Barrington real estate lawyer Palatine estate planning lawyer Rolling Meadows real estate attorney bicycle accidents civil litigation attorney Illinois wills and trusts attorneys forming a corporation in Illinois DMV estate planning attorney preventable medical errors unfunded trust employment law Schaumburg Attorney business litigation employment law, Illinois employment laws license revocation Mount Prospect wills and trusts lawyers real estate leasing Arlington Heights accident attorney blended families South Barrington real estate attorney Illinois workers compensation lawyer mortgage Chicago lawyer Affordable Care Act wage theft Des Plaines drug crimes lawyer Palatine drug lawyer insurance disputes fatal car accidents Deer Park personal injury lawyer Des Plaines personal injury attorney boating accidents Des Plaines DUI attorney Crystal Lake bike accident lawyer Attorney Ken Apicella overtime violations Barrington personal injury attorney car collision jet ski accidents Long Grove real estate lawyer workplace sexual harassment personal injury lawyer Inverness civil lawyer Illinois Illinois traffic laws personal injury Illinois insurance claim attorney rollover accidents Palatine traffic accidents BUI mass shooting Arlington Heights trucking lawyer Buffalo Grove medical malpractice lawyers loss of consortium vacation home Illinois Probate Act of 1975 Fair Labor Standards Act cell phone tower data agent Crystal Lake pedestrian accident lawyer commercial real estate Illinois probate lawyer criminal defense employment attorney life insurance claims condo association consent to a search Barrington employment law firm DUI attorney health insurance dispute speeding fiduciary rule delay life insurance slip and fall Crystal Lake accident attorney Barrington estate planning lawyer Illinois pedestrian accident attorney Crystal Lake medical malpractice attorneys Buffalo Grove real estate attorney Illinois rollover accident lawyers IRS Crystal Lake criminal defense attorney deadly crashes Illinois insurance attorney Long Grove real estate attorney Deer Park DUI lawyer insurance claim denials personal injury attorney hiring employees Illinois trusts attorney civil rights violation product liability Illinois red light cameras Palatine corporate law attorneys swimming pools Illinois traffic ticket lawyer IRA benefits DNR Kenilworth estate planning attorney uninsured motorist Illinois mortgages independent contractor Rolling Meadows criminal attorney texting and driving income distribution deducation Crystal Lake traffic attorney insurance claim denial minimum wage Illinois Wage Payment and Collection Act changes to mortgage law Barrington employment attorney employment contract llinois Real Estate Lawyers Association accidental death benefits social media after death Deer Park criminal attorney underfunded trust boating under the influence car accident lawyers Deer Park traffic lawyer defective products lawyer Arlington Heights injury attorney Palatine probate lawyer Buffalo Grove criminal defense lawyer Rolling Meadows DUI lawyer insurance adjusters traumatic brain injury Des Plaines drug lawyer Des Plaines collections attorney Colin H. Gilbert residential real estate Rolling Meadows personal injury lawyers ken apicella pet law Deer Park motorcycle accident lawyer owner responsibility trucking accident lawyers comp time Illinois registered agent insurance dispute DUI Palatine workers compensation lawyer real estate lawyer Schaumburg car accident attorney tax attorney Schaumburg Illinois living will Des Plaines motorcycle accident attorney Illinois lawyer Crystal Lake personal injury attorney Arlington Heights pedestrian accidents Crystal Lake injury attorney Des Plaines real estate attorney Schaumburg personal injury attorney Palatine insurance lawyer overtime pay Illinois employment law foreclosure personal injury, auto accident injuries, delayed injuries, serious injuries, Des Plaines personal injury attorneys Des Plaines Traffic Lawyer insurance negligence POA Arlington Heights wills and trusts lawyers Palatine business attorney Crystal Lake insurance lawyer Crystal Lake personal injury lawyer Crystal lake insurance dispute attorney bike accident Schaumburg personal injury lawyer job lawyers Jay Andrew underage DUI living trust wills estate tax wrongful death meal breaks Crystal Lake business law attorneys power of attorney for healthcare boating DUI Rolling Meadows probate lawyer Palatine construction attorney Illinois medical malpractice lawyers Kenilworth estate planning attorneys Palatine elder law attorney Mount Prospect elder law attorney Schaumburg employment law attorneys workers comp Forcible Entry golf accidents crossover accidents wrongful termination, employment law, whistleblower protections, Illinois employment laws, discrimination in the workplace Illinois Smoke Detector Act unpaid assessment Chicago traffic lawyer Arlington Heights criminal lawyer senior citizens hit and run accident Landlord Tenant Ordinance BAC Des Plaines medical malpractice attorney IRELA Arlington Heights wills and trusts attorneys surgical mistakes Illinois insurance disputes estate planning for college students holiday statistics premises liability probate LLCs Illinois LLC creation Do Not Resuscitate Schaumburg criminal law attorney fiduciary rule Schaumburg wrongful death attorney distracted driving accidents license suspension Mount Prospect real estate lawyer Rolling Meadows boating crash lawyer dynasty trusts driving Illinois car accident attorney Chicago will attorney, social media platforms, Illinois estate planning lawyer, Illinois wills and trusts Illinois injury lawyer estate attorney Family Medical Leave Act work unions automated cars Illinois real estate lawyer startup company digital assets living wills Palatine civil attorney Rolling Meadows drug defense attorney slip and fall accidents wrongful termination Barrington criminal defense lawyer real estate zoning rest breaks Barrington civil litigation attorney Illinois workplace lawyer Illinois personal injury attorney Illinois DUI attorney Arlington Heights wills and trusts lawyer rumble strips eluding a police officer Chicago car accident lawyer Schaumburg employment attorney Rolling Meadows traffic attorney Illinois job attorney employee misclassification Buffalo Grove traffic lawyers Chicago estate planning lawyer Crystal Lake medical malpractice lawyer Illinois wrongful termination lawyer Des Plaines civil attorney liens preventing accidents Inverness accident lawyer Illinois Human Rights Act elder abuse Palatine employment attorney irrevocable trust traffic offenses controlled substance Palatine real estate lawyer Schaumburg real estate lawyer Chicago estate planning TBI caretaker rights Des Plaines pet law attorney medical marijuana employment lawyer life insurance policy Schaumburg injury lawyer Kenilworth estate planning lawyer insurance claim dispute attorney Chicago employment attorney child safety Crystal Lake civil litigation lawyer digital media accounts, estate planning, Arlington Heights estate planning attorney, Des Plaines criminal attorney estate planning trusts Illinois collections attorney trusts landlord suspended license Rolling Meadows marijuana attorney Illinois personal injury lawyers motorcycle accident Arlington Heights car crash attorneys truck collisions Retaliatory Discharge Policy Cancellation real estate attorneys Buffalo Grove probate lawyer wills and trusts clemency Palatine law firm natural gas explosion Super Mario drunk driving Self-Directed IRA Accounts distracted driving accident victims power of attorney denied insurance claims Federal Food Drug and Cosmetic Act Buffalo Grove car accident lawyer Palatine trusts lawyer Schaumburg estate planning attorney Arlington Heights car accident lawyer Illinois employment lawyer manufacturing Crystal Lake employment lawyer Deer Park workers compensation lawyer Schaumburg criminal attorney bad faith insurance claims investment property Chicago insurance claim attorneys medical malpractice, missed diagnosis, delayed diagnosis, medical mistake, Deer Creek medical malpractice lawyers installment contracts estate planning lawyer personal injury law firm Crystal Lake estate planning lawyer employee discrimination employment law, meal breaks, rest breaks, hotel employees, Des Plaines employment law attorneys Exclusions Illinois corporate lawyer privacy laws ObamaCare creditors Illinois business lawyer dog bites disability benefits Schaumburg probate attorney Legal Info Crystal Lake law firm probate lawyer Palatine employment law lawyer personal injury claim PTSD revenge porn Crystal Lake employment law attorney Arlington Heights Attorney living trust benefits bicycle dooring accidents Arlington Heights insurance attorney Home Remodeling Repair Act Arlington Heights traffic attorney Illinois medical malpractice attorney trauma after an accident Crystal Lake pet attorney gift taxes Palatine punch death Schaumburg construction accident lawyer life insurance lawyer Barrington real estate lawyer Buffalo Grove employment lawyer liability claims pizza emoji Barrington attorney Inverness insurance attorney personal injury claims Fourth of July Riverwoods estate planning lawyer Illinois attorney Rolling Meadows estate planning attorney involuntary manslaughter Rolling Meadows medical malpractice lawyers Illinois estate planning attorney Illinois law sexual images cell phone capital gains tax Schaumburg drug defense lawyer Inverness estate planning lawyer Chicago employment lawyer defective products attorney fees Illinois Transfer on Death Instrument Barrington personal injury lawyer traffic crimes Schaumburg corporate attorney insurance agents Barrington Illinois estate planning lawyer Rolling Meadows insurance dispute lawyers, insurance dispute Palatine personal injury lawyer Illinois driving without license Schaumburg elder law lawyer Chicago attorney Rolling Meadows employment attorney Illinois personal injury lawyer food poisoning traffic accidents dealing with problem employees insurance disputes, Illinois insurance disputes, Illinois insurance dispute attorneys, denied insurance claims, Arlington Heights insurance dispute attorneys Crystal Lake employment attorney insurance agent negligence car accidents federal regulations for LLCs institutional trustee Food and Drug Administration's Food Safety Modernization Act Illinois workplace discrimination attorney college kids Arlington Heights employment law attorneys Transfer on Death Instrument Illinois small business probate process commercial leases Schaumburg personal injury lawyers criminal law living trust vs will severance agreements Des Plaines accident attorney federal crimes Rolling Meadows tax attorney Illinois bicycle safety operating agreements Des Plaines injury law firm Illinois tax attorney drunk driving statistics sexual harassment Inverness traffic law firm FMLA real estate attorney probate fees whistleblower protections Detainer Actions natural gas privacy denial of life insurance nursing home negligence landlord tenant law Des Plaines Inverness elder law lawyer expungement insurance claim dispute estate plan Palatine civil litigation lawyer Crystal Lake tax lawyer icy parking lots Illinois traffic accident lawyer fault based insurance real estate closing anesthesia errors Schaumburg medical malpractice lawyer ACA Rolling Meadows business lawyer Crystal Lake traffic lawyer brain injury healthcare Inverness injury lawyer Colin Gilbert car accident Illinois home inspection drug possession GM ignition switches rent to own real estate contracts Illinois elder law attorney Class A misdemeanor Buffalo Grove law firm Arlington Heights real estate lawyer Illinois Workers’ Compensation Commission spinal cord injury pedestrian accident construction accidents, personal injury, wrongful death, Arlington Heights personal injury attorneys, workers' compensation license reinstatement marijuana crimes attorney Barrington workers compensation attorney loopholes insurance claim Illinois criminal defense attorney Rolling Meadows car accident lawyers homestead rights Palatine Attorney Des Plaines tax law firm gift tax exemption, estate planning, estate planning strategies, Illinois estate planning, South Barrington estate planning attorneys drug crimes Palatine corporate attorney Rolling Meadows personal injury lawyer drug crimes lawyer Schaumburg estate planning lawyer trucking accidents head on collisions Barrington estate planning attorney Arlington Heights personal injury attorney Palatine injury attorney Arlington Heights tax lawyer sole proprietorship murder defense DGAA Schaumburg traffic lawyer Schaumburg insurance lawyers digital evidence Inverness personal injury attorney Illinois real estate Buffalo Grove personal injury attorney financial advisors traffic violations defense Mt Prospect Attorney

Archive