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.



Recent Posts


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