Our firm specializes in Landlord-Tenant law as to Chicago and collar counties. Given the amount of laws at issue, in addition to the complex and timely eviction process, the starting priority for all parties is to create and maintain a proper landlord-tenant relationship. Where such relationship deteriorates, however, it is equally important to not only be knowledgeable on the applicable laws and process, but also have years of experience in executing a proper strategy to achieve your goals as efficiently as possible.
Important aspects of the Chicago eviction process
1. Timeline. One of the most important things a Landlord must be aware of as to evictions in Cook and surrounding counties is the same TAKES A CONSIDERABLE AMOUNT OF TIME. While evictions are one of the fastest cases one can complete, an eviction complaint still must go through the necessary legal system, of which can be a slow process. Typically, evictions can be completed (i.e., the date the Sheriff forcibly evicts a tenant from a property) anywhere between 3-5 MONTHS after the Landlord starts the process (i.e., via serving the applicable notice and demand). Such timeframe can be due to the time in serving a tenant with the proper documents (which inherently includes a risk that a tenant may dodge service and delay that process), a large docket of cases handled by the Courts, all due process rights entitled to any tenant (regardless of how “absurd” a tenant’s arguments against a complaint may be), and standard civil procedure all evictions must go through. Based on this, clients MUST be patient in the process, as the same is a necessity the client must go through in order to legally evict their tenant. Our attorneys have years of experience in these matters and while they are “as fast as they come”, clients must understand that regardless of experience, the process takes time. That said, our attorneys will diligently pursue all rights as to evictions as fast as reasonably possible, given the circumstances and system in which they are handled.
2. “Self-Help” is prohibited. Once the lease expires or if at any moment the tenant stops paying rent or breaches the Lease, the Tenant should be required to leave, right? It makes complete sense, right? Yes, but, unfortunately, it’s not as easy as that. If the Tenant voluntarily leaves, the Landlord is done: it can re-take possession, change the locks, etc. However, if they do not, Cook County grants Tenants due process as to evictions, and this requires that – even though the Lease is expired, they owe millions in rent, or the Property is in shambles – the Landlord must go through the Eviction process to properly evict them. In this vein, the Landlord cannot do anything to implicitly or constructively evict them, including turning off the heat, changing the locks, or anything else that implicitly or explicitly forces them out. This is called “self-help” because the Landlord forces them out him/herself, rather than going through the required eviction system; if the Landlord is found guilty of self-help, the penalties are extremely costly. Only a Sheriff can legally force someone out, and the Sheriff can only do that with an “order of possession” signed by a Judge, that you can only get by filing an eviction.
3. Breach. Tenant breaches the Lease or there is simply other grounds to evict them.
4. Notice and Demand. Tenant is served with applicable notice and demand as to back rent or any other breach of the lease (lease can be written or oral); in some circumstances, no breach is required, if it is a month-to-month Lease. Still, a notice and demand is usually a 5, 10, or 30 days’ notice.
5. Complaint and Summons. If Tenant does not comply with the notice and demand – i.e., the landlord must wait the specified number of days in the notice to give the tenant time to comply (e.g., pay the back rent) – then the landlord has the right to (i) file the complaint with the Court and (ii) issued summons to the tenant.
6. First Court Date (i.e., Trial Date, also known as Return Date). What happens here depends on whether tenant was served via the Sheriff:
7. Trial. Either (i) on the Court’s own continuance as to the trial, or (ii) when the landlord has served the tenant with alias summons, the parties go to trial. Judge will hear all of the evidence and make a decision as to landlord’s complaint. Here is where landlord will need all of its witnesses present and documents handy. Usually, landlord cannot rely on allegations in a document (i.e., a letter) written by a third party if that party is not present in Court on the trial date (such is known as hearsay). If the landlord is victorious, the Judge will enter an order of possession and/or of judgment in landlord’s favor.
8. Order of Possession and Order of Judgment.
a. Judgment. An order of judgment entitles the landlord to funds from the tenant. Unless the tenant pays the landlord immediately, the landlord usually has to initiate a separate case to collect.
b. Possession. Upon obtaining an order of possession, the landlord cannot personally evict the tenant (i.e., change the locks or remove personal belongings); landlord must give the possession order to the Sheriff to enforce it. Technically, landlord can give that order to the Sheriff right after the trial is complete. But, tenants usually request the Judge for “more time” to remain in the property; the Judge, then, usually grants 7-14 days “stay on enforcement”. So, the landlord must wait until the end of that stay to give its order to the Sheriff.
9. Settlement. Given the usual long eviction process, settlement is always on the table until trial starts. Technically, settlement can consist of anything, but usually takes the following form. In return for the landlord dismissing its case against the tenant: tenant (i) agrees to (1) completely get out of the unit and (2) pay the landlord a particular amount of money (e.g., all owed rent through that date) by a deadline (e.g., 30 days). Soon after that deadline, the landlord will return to Court. If tenant has not complied with its end of that agreement, the landlord will be given an order of possession immediately (without having to go to trial) and also an order of judgment for all amounts requested in the complaint. These orders go on the tenants record. Factoring the amount of the it may take the Sheriff to remove the tenant and the amount of time it may take to collect against the tenant, settling can be a faster option to get some money in the landlord’s pocket.
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