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How to Evict a Tenant?

How to Evict a Tenant in Kendall County?

3 Steps to Landlord Tenant Evictions in Oswego

There are 3 parts to landlord evictions in Oswego and Kendall County:

  1. Deliver the Correct Eviction Notice

In Illinois, the Forcible Entry and Detainer Statute defines the correct eviction notices relevant to the tenant situation.  In Oswego, there are generally three main eviction notices:

  • 5-day Notice: A 5-day notice is an eviction notice, which gives a tenant the amount of rent that is due.  A 5-day notice is for non-payment of rent or slow payment of rent.  Delivery of the 5-day notice is critical.  Posting the 5-day notice on the tenant’s door or emailing the tenant the 5-day notice are improper service methods.  The Forcible Entry and Detainer Statute has specific methods required to deliver an eviction notice.
  • 10-day Notice. A 10-day notice is an eviction notice for violating a particular provision of a written lease.  Generally, a 10-day notice is used for a breach of the written residential lease.  The purpose of the 10-day notice is to give the tenant 10 days before the eviction process can begin. 
  • 30-day Notice. The 30-day notice is termination of the rental tenancy.  There are two (2) major examples of termination of a rental lease period.  An oral lease is an example of where a 30-day notice is required before the landlord tenant eviction process can begin.  The second type of example is a written lease holder that has remained past the expiration of the lease.
  1. SERVICE OF PROCESS OF THE PROPER EVICTION NOTICE

The Forcible Entry and Detainer Act in Illinois states the following (regarding service of process):

Sec. 9-211. Service of demand or notice. Any demand may be made or notice served by delivering a written or printed, or partly written and printed, copy thereof to the tenant, or by leaving the same with some person of the age of 13 years or upwards, residing on or in possession of the premises; or by sending a copy of the notice to the tenant by certified or registered mail, with a returned receipt from the addressee; and in case no one is in the actual possession of the premises, then by posting the same on the premises. (735 ILCS 5/9‑211)

Simply put, there are three (3) major methods of service of process of a 5, 10, or 30-day notice in Oswego and Kendall County.  The first and best method of service is personal service.  Personal service is personally handing the tenant or an adult over the age of 13 years of age residing at the premises, a copy of the eviction notice.  The second method of service of process is mailing a copy of the eviction notice by certified mail.  This method is problematic because the tenant must sign for the certified mail notice.  This often is difficult because many tenants do not pick up certified mail.  An unsigned copy of the certified mail notice is ineffective service of process.  Thus, the delivery of the eviction notice is improper.  The third method is registered mail with return receipt requested.  Again, this has the same weaknesses as mailing the eviction notice via certified mail.  The tenants may not pick up the certified mail or refuse to sign for the certified mail. 

Consequently, the best strategy for service of process is personally delivering the eviction notice to the tenant.  Placing the eviction notice on the door is ineffective.  Email and a text message of the eviction notice are improper methods of service of process of an eviction notice.  The only time placing an eviction notice on the door is when the rental unit is vacant.

  1. Filing a Complaint in Forcible Entry and Detainer

The third step in the eviction process is filing a Complaint in Forcible Entry and Detainer or otherwise known as an “Eviction Lawsuit”.  A Complaint is essentially a written lawsuit requesting relief from the Oswego and Kendall County Court.  A Complaint in Forcible Entry and Detainer is an official request for damages and or order of possession of the rental property unit. 

Generally, damages in a Complaint in Forcible Entry and Detainer will include the following:

  • Back Owed Rent Through the Move Out Date
  • Any late fees
  • Court Costs and Service of Process Fees
  • Reasonable Attorney’s Fees (if it is authorized in the written residential lease)

An order of possession is a court order giving the tenant time to vacate the premises before the landlord can occupy the rental premises.  Generally, the Kendall County Court will stay possession of the premises for up to 14 days (from the initial court date).  Stay the order of possession means that the court will delay the period when the landlord can get the premises back.  If a tenant stays beyond the period authorized by the court, the landlord or their attorney can begin the forcible eviction process in Kendall County.

EXPERIENCED OSWEGO IL RENTAL PROPERTY EVICTION ATTORNEYS

Sean Robertson and Robertson Legal Group, LLC are the authors of “how to evict a tenant in Oswego and Kendall County”.  Sean Robertson is an experienced Kendall County Law Magistrate attorney or otherwise known as a Kendall County Landlord Tenant Eviction Attorney.  Sean Robertson has over 15 years of experience as an eviction and litigation attorney.  Contact Sean Robertson at 630-882-9117 or via email at Sean@RobertsonLegalGroupLLC.com.

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