WILL COUNTY LANDLORD EVICTIONS 101 FOR LANDLORDS
Will County Forcible Entry and Detainer Attorneys
Joliet and Plainfield Eviction Attorneys
As a landlord, you are facing the tough issue of eviction or otherwise known as “Forcible Entry and Detainer in the Clerk of the Circuit Court of the Twelfth Judicial Circuit or otherwise known as “Will County Circuit Court”. The first question that comes to mind is we must evict the tenant or tenants, but how do we do this. The first step in evicting an tenant or tenants is having the proper notice, whether it is a five (5) day notice, a thirty (30) day notice, or another type of notice.
Robertson Legal Group, LLC and Sean Robertson concentrate in assisting Will County landlords and real estate investors with the eviction process in Will County such as Plainfield, Shorewood, Romeoville, Bolingbrook, Crest Hill, Joliet, Wilmington, Crete, Morris, Frankfort, Mokena, Lockport and Homer Glen areas. The first step in the eviction process is determining the appropriate type of notice in the eviction case.
1st Step: Appropriate Eviction Notice
According to www.Illinoislegalaid.org, there are four (4) major types of eviction notices that are used the most. There may be additional notices used in Will County Eviction cases, but we are only going to discuss the most often used eviction notices in Joliet and Shorewood (Will County), Illinois.
- 5 Day Notice
A five (5) day notice is intended for most evictions in Will County where the tenant or tenants are failing to pay rent in a timely manner or not paying the entire rent due. According to www.Illinoislegalaid.org, a five day notice is appropriate when a tenant(s) is not paying rent. In summary, a five-day notice is a notice which should be properly formatted and in the correct form, gives the tenant notice that they must pay a certain amount of money within five (5) days or the landlord is going to break the lease and evict the tenant. After the five (5) day period has expired, the landlord has the option of breaking or terminating the real estate lease. The proper eviction notice is vital before a successful eviction may occur. The first step in the eviction process should be determining the appropriate notice.
- 7 Day Notice
A seven (7) day notice is required when the tenant or tenants are on a week to week rental period. When the lease is on a week to week basis, the written notice must be a seven (7) day notice or otherwise, the eviction case will be thrown out because it is improper. The first step for any successful eviction is servicing the appropriate notice to the tenant or tenants. Sean Robertson and Robertson Legal Group, LLC suggests employing a private process server to serve the notice of the eviction because we often see the improper service of the appropriate eviction notice as a key argument in defense of the eviction proceeding in Joliet and Will County, Illinois.
- 30 Day Notice
A thirty (30) day notice is appropriate when the lease is month to month such as a situation where the tenant has stayed beyond the original written lease and the tenant is operating under an implied month to month tenancy leasehold. The landlord may determine to terminate the lease of a month to month tenant for any reason that is not discriminatory against federal, state and/or local law. According to www.Illinoislegalaide.org, the last day of the 30 day notice period must be the last day of the lease period. This thirty (30) day notice must be served at least 30 days prior to their rent being due. If the tenants rent is due on May 1st and the landlord serves the tenant on May2nd, the 30-day notice is ineffective and invalid. Thus, understanding the appropriate legal laws are essential to Will County Landlords.
2nd Step: Complaint for Forcible Entry and Detainer or otherwise known as Will County Complaint for Eviction
Eviction proceedings in Will County are also known as “Law Magistrate” or otherwise known as “Forcible Entry and Detainer Actions”. Form 19E is the appropriate form in Will County for filing a Will County Complaint for landlords. Generally, this form asks the landlord whether they want possession of the property and/or money damages. Often, it is a good idea to ask for possession of the property and money damages. If a Will County landlord only ask for possession of the premises from the tenants, the landlord has no bargaining power in court when it comes to the eviction court process. An order of possession is a court order in Will County where the Will County Eviction Judge grants you as the landlord the power to evict and remove the tenant from the premises they are renting. Please note that landlords should evict known and unknown occupants otherwise, the landlord may have additional problems.
3rd Step: Summons for Forcible Entry and Detainer
The Will County Summons is Form 19F, which is required to serve the tenant or tenants notice of the complaint or action against them. The Summons is generally served by the Will County Sheriff’s Office or an independent process server. Please note that service of a summons is a legal definition and it is vital to serve the tenant or tenants in the appropriate manner. A landlord should not use self-help remedies such as locking the doors from their apartment lease or house because the landlord can open themselves up to a legal claim by their tenant or tenants. Sean Robertson and Robertson Legal Group, LLC can assist you with your Will County Eviction legal needs and help you with Service of Process issues. Sean Robertson and Robertson Legal Group, LLC are experienced at handling the issues of difficult to serve tenants.
4th Step: Order of Possession and/or Money Damages
The fourth and final step for Will County landlords is getting the order of possession and money damages awarded by the Will County Judge. This step will only occur if you have properly served your tenants, you have a proper written notice served in the correct manner, and a valid claim against the tenant or tenants. Please note that Sean Robertson and Robertson Legal Group, LLC can be awarded reasonable attorney’s fees and court costs if your written real estate lease has this provision in it. Robertson Legal Group, LLC and Sean Robertson helps Will County landlords in the Joliet and South Naperville areas including Aurora, Plainfield, Shorewood, Bolingbrook, Romeoville, Crete Monee, Homer Glen, Frankfort, and Mokena areas. Robertson Legal Group, LLC or one of its’ attorneys may be reached at 630-882-9117.