Kendall County Evictions 101
KENDALL COUNTY EVICTIONS 101
This article will discuss Kendall County Evictions 101 in Yorkville and Kendall County. An eviction is authorized under the Illinois Forcible Entry and Detainer Act. The Illinois Forcible Entry and Detainer Act governs the landlord and tenant eviction process in Yorkville and Kendall County.
Sean Robertson and Robertson Legal Group, LLC concentrate in Kendall County Evictions and helps landlords and tenants with the following evictions:
- Non-Payment of Rent Claims
- Collection of Past Due Rent, Late Fees, Court Costs, and Attorney’s Fees
- Drafting of eviction notices (5-day, 10 day and 30-day notices)
- Termination of Month to Month Oral Tenancies
- Termination of Written Leases and Holdover Rental Periods
- Property Damage and Pet Violations (of the written lease)
- Drafting residential leases and counseling related to landlord and tenant situations
- Foreclosure and Rental Property Evictions
The Kendall County Evictions Process in Yorkville is done in 4 Steps:
- Deliver the Appropriate Eviction Notice to Tenant(s)
In Kendall County, the Illinois Forcible Entry and Detainer Act requires that a notice be given to the tenant. There are different types of tenant notices. The most common tenant notice is the 5-day notice. The 5-day notice is a notice given the tenant 5 days to pay the full payment of the rent. If the landlord accepts partial payment after the 5-day notice has been terminated then, the landlord must re-deliver the notice to the tenant(s).
The second type of written eviction notice is the 30-day notice. A 30-day notice is designed to terminate the rental tenancy of the landlord and tenant relationship. Often, the landlord will deliver a 30-day notice because they want to sale the house or they want a different tenant. The 30-day notice terminates the month to month tenancy created from an oral lease or a tenant that remained in the rental unit after the expiration of the lease.
The third type of written eviction notice is a 10-day notice. A 10-day notice gives the tenant 10 days to move due to a breach in the written residential lease. Generally, the breach of the lease is due to the following:
- Non-Payment of Rent
- Property Damage
- Pet Clause
- Illegal activity
- Service of Process Methods for the Eviction Notices
Service of process is the method by which the landlord gives the tenant their written eviction notice. Service of process focuses on the type of delivery of a written eviction notice (i.e. email, mail, personal delivery, etc.).
The Illinois Forcible Entry and Detainer Act authorizes three major methods for delivering the 5-day, 30 day and 10-day eviction notices. There three (3) service of process methods are the following:
- Personal Service. Personal service is personally handing the 5-day, 10 day or 30-day notice to the tenant or a member of their household at least 13 years of age. Personal service is the best method of service of process.
- Registered Mail. Registered mail is mailing a copy of the written eviction notice with return receipt (signed and returned). This method is only effective if the tenant signs the registered mail receipt. Landlords are advised not to use this method.
- Certified Mail. Certified mail is the process of mailing notice of the eviction notice through the postal service with return receipt request (signed and returned). Again, there is case law for registered mail and certified mail which makes these methods of service as ineffective if the tenants do not sign the certified mail notice and or do not know the contents of the certified mail notice.
The proper method of service of proper is essential. One of the key requirements in a Kendall County Eviction Case is effective service of process. The Kendall County Judge will require proof that this service of process of the written eviction notice has occurred.
- Complaint in Forcible Entry and Detainer in Kendall County
The third step in the Kendall County Evictions 101 process is filing a Complaint in Forcible Entry and Detainer. A Complaint is essentially a lawsuit that alleges the amount of rent due, that due notice has been give to the tenant(s), and that the landlord has the right to request the rental property back. Thus, a Complaint in Forcible Entry and Detainer Action in Yorkville and Kendall County is the basis for the eviction lawsuit.
Generally, there are two types of relief addressed in a Complaint in Forcible Entry and Detainer Action in Kendall County. The first type of relief is money damages for back owed rent through the move out date (along with court costs, filing fees, and reasonable attorney’s fees (if authorized). The second type of relief is an order of possession. The order of possession is the court order authorizing the return of the rental unit to the landlord.
The Kendall County Court will typically grant the tenant up to 14 days or more depending on their unique situations to evict the rental property. There are exceptions to this rule. Experienced Kendall County and Forcible Entry and Detainer Attorney skills are invaluable to address the exceptions to the rules. A tenant can often be granted additional time to move out of the premises if they can pay for their time remaining in the rental property. Landlords generally will demand a court order authorizing an immediate order of possession for the landlord if the tenant breaches the court order.
Sean Robertson and Robertson Legal Group, LLC are skilled and seasoned in eviction court in Yorkville and Kendall County. We have offices in Yorkville and can be reached at 630-882-9117.
- Service of Process of the Eviction Summons
The fourth requirement of the Kendall County Eviction 101 Process is service of process of the eviction summons. The Illinois Forcible Entry and Detainer Act requires that a tenant and unknown occupants be personally served with a copy of the Complaint in Forcible Entry and Detainer Action. The tenant has a right to defend themselves.
In most cases, landlord and tenant evictions are an accelerated process in Kendall County. Tenants do not have much time to find a suitable rental property eviction attorney in Yorkville. Court dates are quick, and the Kendall County Court cannot finalize the forcible entry and detainer process until the landlord has proven that they have served the tenant and unknow occupants.
Service of process is typically delivered by hiring the Kendall County Sheriff’s Office or Private Process Server to deliver the Eviction Complaint to the tenants. The landlord’s attorney must prove that they have served by the tenants and unknown occupants with the eviction complaint. Service of process is proved by an affidavit from the Sheriff’s Office or the Private Process Server.
EXPERIENCED YORKVILLE AND KENDALL COUNTY LANDLORD TENANT ATTORNEYS
Our law firm is seasoned at the Kendall County Eviction Process 101 method. Our offices are in Yorkville and we frequently appear in Kendall County eviction court. Eviction cases in Kendall County are called “Law Magistrate” or “LM” cases. Sean Robertson is an experienced 15-year forcible entry and detainer action attorney in Yorkville and Kendall County. Contact Sean Robertson via email at Sean@RobertsonLegalGroupLLC.com or 630-882-9117.