illinois eviction act

Sign up for our free summaries and get the latest delivered directly to you. 82-280. If the tenant does not pay the balance due or move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit. This eviction notice gives the tenant 14 calendar days to fix the issue. ), (735 ILCS 5/9-117) (from Ch. (Source: P.A. 9-302) Sec. 1-1-18. 82-280. Landlord's right against sublessee. (2) When a peaceable entry is made and the possession, (3) When entry is made into vacant or unoccupied. ), (735 ILCS 5/9-113) (from Ch. (735 ILCS 5/9-109) (from Ch. Except as otherwise provided in Section 9-120, no matters not germane to the distinctive purpose of the proceeding shall be introduced by joinder, counterclaim or otherwise. 1-25-13. The owner or lessor may bring a forcible entry and detainer action. In Chicago, if a tenant violates health/safety standards or causes minor property damage, the landlord can serve them a 14-Day Notice to Comply. The person claiming possession, or his or her agent or attorney, may, however, agree in writing to withdraw the demand in exchange for receiving partial payment. 9-206.1. This site is maintained for the Illinois General Assembly Mediating landlord-tenant disputes for service members facing Permanent Change of Station orders that conflict with lease agreements; Mediating financial transaction disputes, such as fraudulent credit report entries or erroneous debts; . The summons shall advise the defendant that a hearing on the complaint shall be held at the specified date and time, and that the defendant should be prepared to present any evidence on his or her behalf at that time. The court may order that a court file in an eviction action be placed under seal if the court finds that the plaintiff's action is sufficiently without a basis in fact or law, which may include a lack of jurisdiction, that placing the court file under seal is clearly in the interests of justice, and that those interests are not outweighed by the public's interest in knowing about the record. (2) Adjust the obligation under the rental agreement. : You are hereby notified that in consequence of your default in (here insert the character of the default) of the premises now occupied by you, being, etc., (here describe the premises) I have elected to terminate your lease, and you are hereby notified to quit and deliver up possession of the same to me within 10 days of this date (dated, etc.)." 110, par. Every landlord shall have a lien upon the crops grown or growing upon the demised premises for the rent thereof, whether the same is payable wholly or in part in money or specific articles of property or products of the premises, or labor, and also for the faithful performance of the terms of the lease. No eviction order obtained in an action brought under this Article may be enforced more than 120 days after the order is entered, unless upon motion by the plaintiff the court grants an extension of the period of enforcement of the order. Its about time the internet had a single place with all of the most up-to-date information from leading experts in property management, investing and real estate law. 9-102) Sec. 9-214) Sec. by the. When publication of notice, as provided by law, but the defendant is not served with process and does not appear, judgment by default may be entered, and the plaintiff may recover the amount due him or her for rent at the time of issuing the distress warrant, and enforcement may be had against the property distrained, but no enforcement may be had against any other property of the defendant. small holes in sheetrock or missing blinds). May 10, 2023 ), (735 ILCS 5/9-311) (from Ch. Sealing of court file. Navigating Illinois landlord-tenant law can seem daunting, but in reality, a basic understanding of the state's laws is enough to help both landlords and tenants solve most issues they facewithout assistance from a lawyer. For additional questions about the eviction process in Illinois, please refer to the official state legislation, 735 ILCS 5/9-102 and ILCS 5/ 6-101-150 the Illinois Rules of Civil Proceedings, Rules 101 and 102, for more information. 9-315. 9-314. When a tenant for life demises any lands and dies on or after the day when any rent becomes due and payable, his or her executor or administrator may recover from the subtenant the whole rent due, but if such tenant for life dies, before the day when any rent is to become due, his or her executor or administrator may recover the proportion of rent which accrued before his or her death, and the remainder man shall recover for the residue. Possession of property is returned to landlord. Service of demand or notice. After notice has been given, an invitation to the person to enter the premises shall be void if made by a tenant, lessee, or member of the tenant's or lessee's household and shall not constitute a valid invitation to come upon the premises or a defense to a criminal trespass to real property. Short title. If the plaintiff voluntarily dismisses the action, or fails to prove the plaintiff's right to the possession, judgment for costs shall be entered in favor of the defendant. 9-313. ), (735 ILCS 5/9-206.1) Sec. ), (735 ILCS 5/9-104.3) (from Ch. If such grain or other crops or any part thereof is not fully grown or matured, the landlord or his or her agent or attorney shall cause the same to be properly cultivated and harvested or gathered, and may sell and dispose of the same, and apply the proceeds, so far as may be necessary, to compensate for his or her labor and expenses, and to pay the rent. Section 202 or 236 of the National Housing Act; (iv) insured or held by HUD under Section 514 or, (v) insured or held by HUD under the United, (vi) held by HUD and formerly insured under a. program listed in subdivision (i), (ii), (iii), (iv), or (v). If the bond is taken before the filing of a copy of the distress warrant, such bond shall be filed therewith, and if taken after the filing of a copy of the distress warrant, it shall be filed in the office of the clerk of the court where the action is pending. 83-707. (a) in all cases of tenancy from week to week, where the tenant holds overthe landlord may terminate the tenancy by 7 days notice, in writing(b) in all cases of tenancy for any term less than one year, other than tenancy from week to week, where the tenant holds overthe landlord may terminate the tenancy by 30 days notice, in writing. 110, par. (Source: P.A. 9-207.5. the period shall be 90 days if a judgment of eviction with respect to the manufactured home has been entered. (Source: P.A. 100-173, eff. Such lien shall continue for the period of 6 months after the expiration of the term for which the premises are demised, and may be enforced by distraint as provided in Part 3 of Article IX of this Act. Distress for products and labor. To do so, the landlord must first serve the tenant a 10 days notice to vacate. (b) In lieu of the requirement for posting the notices prescribed in subsection (a) of this Section and the owner's managing agent may include such notice in a written rental or lease agreement or may give such notice by first class mail addressed to the lessee or renter. grantor in possession, or sold under the order or judgment of any court in this State, or by virtue of any sale in any mortgage or deed of trust contained and the grantor in possession or party to such order or judgment or to such mortgage or deed of trust, after the expiration of the time of redemption, when redemption is allowed by law, refuses or neglects to surrender possession thereof, after demand in writing by the person entitled thereto, or his or her agent. The matter shall not be continued beyond 7 days from the date set for the first hearing on the complaint except by agreement of both the plaintiff and the defendant. Plaintiff's notice of motion shall contain the following notice directed to the defendant: "The plaintiff in this case, (insert name), obtained, an eviction judgment against you on (insert date), but the sheriff did not evict you within the 120 days that the plaintiff has to evict after a judgment in court. If you own a condominium, chances are that the property manager of the condominium is a member of a COA. Causing substantial property damage or destruction of the premises (waste). Where such a requirement has been imposed, the tenant shall not sell the crops to any person other than a person who has been disclosed to the landlord as a potential buyer of the crops. In Chicago, a landlord can evict a tenant for violating health/safety standards or causing minor damage to the premises (i.e. When land has been sold upon a judgment of court, when the party to such judgment or person holding under him or her, wrongfully refuses or neglects to surrender possession of the same, after demand, in writing, by the person entitled to the possession. 80, par. relevant facts, and a demand for possession of the type specified in Section 9-104 is served on the tenant or occupant of the premises at least 14 days before a hearing on the complaint is held, and proof of service of the complaint is submitted by the plaintiff to the court. Stay of enforcement; drug related action. 9-217) Sec. 82-280. A landlord bars a person from the premises by providing written notice to the tenant or lessee that the person is no longer allowed on the premises. Proceedings - Pleading. The notice to quit may be substantially in the following form: To A.B. (g) Further, a landlord may give notice to a person that the person is barred from the premises owned by the landlord. For want of sufficient notice any cause may be continued from time to time until the court has jurisdiction of the defendant or unknown occupant. 1-1-18. (Source: P.A. 9-317. 9-110) Sec. tenant stating that (i) the tenant, or a person on the premises with the consent of the tenant, failed twice within a 30 day period to allow the landlord or agent of the landlord or other person authorized by State or federal law or regulations or local ordinance to inspect the premises and (ii) the tenant must allow the landlord or agent of the landlord or other person authorized by State or federal law or regulations or local ordinance to inspect the premises within the next 30 days or face emergency eviction proceedings under this Section; (C) the tenant subsequently fails to allow the, landlord or agent of the landlord or other person authorized by State or federal law or regulations or local ordinance to inspect the premises within 30 days of receiving the notice from the landlord; and, (D) the tenant's written lease states that the. (Source: P.A. 9-301. 110, par. (765 ILCS 705/0.01) (from Ch. After the defendant is served with process or appears in the action, the judgment shall have the same force and effect as if served by summons, and the judgment may be enforced, not only against the property distrained, but also against the other property of the defendant. 110, par. ), (765 ILCS 705/1) (from Ch. 94-2, eff. These rights include: A landlord can begin the eviction process in Illinois by serving the tenant with written notice. 9-107.10. the Condominium Property Act, the owner of a unit fails or refuses to pay when due his or her proportionate share of the common expenses of such property, or of any other expenses lawfully agreed upon or any unpaid fine, the Board of Managers or its agents have served the demand set forth in Section 9-104.1 of this Article in the manner provided for in that Section and the unit owner has failed to pay the amount claimed within the time prescribed in the demand; or if the lessor-owner of a unit fails to comply with the leasing requirements prescribed by subsection (n) of Section 18 of the Condominium Property Act or by the declaration, by-laws, and rules and regulations of the condominium, or if a lessee of an owner is in breach of any covenants, rules, regulations, or by-laws of the condominium, and the Board of Managers or its agents have served the demand set forth in Section 9-104.2 of this Article in the manner provided in that Section. ), (735 ILCS 5/9-114) (from Ch. 9-206) Sec. There is no right to a legal grace period (i.e. 100-173, eff. A grace period may be available if stated in the lease/rental agreement. Mobile home site. (a) Except as provided in Section 9-207.5 of this Code, in all cases of tenancy from week to week, where the tenant holds over without special agreement, the landlord may terminate the tenancy by 7 days' notice, in writing, and may maintain an action for eviction or ejectment. (e) An eviction order entered under this Section may not be stayed for any period in excess of 7 days by the court. It shall not be necessary for the plaintiff in any case to file a complaint, but the distress warrant shall stand as a complaint and shall be amendable, as complaints in other civil cases, but no such amendment shall in any way affect any liabilities that have accrued in the execution of such warrant. In Illinois, a landlord can evict a tenant without a lease or with a lease that has ended (known as a holdover tenant or tenant at will). The landlord can charge cleaning, repairs and/or damages to the tenant for full reimbursement. This site is protected by reCAPTCHA and the Google, There is a newer version of the Illinois Compiled Statutes. 90) Sec. 9-216. are owned or managed by a housing authority established under the Housing Authorities Act or privately owned and managed. ), (735 ILCS 5/9-109.5) Sec. Notice made pursuant to this Section shall, as hereinafter stated, not be invalidated by payments of past due rent demanded in the notice, when the payments do not, at the end of the notice period, total the amount demanded in the notice. The owner or owner's assignee may have the same remedy to recover possession of the premises as against a tenant holding over after the expiration of his or her term. There is no landlord-tenant relationship. (b) When asserting the affirmative defense, at least one form of the following types of evidence shall be provided to support the affirmative defense: medical, court, or police records documenting the violence or a statement from an employee of a victim service organization or from a medical professional from whom the tenant, lessee, or household member has sought services. This site is maintained for the Illinois General Assembly 9-317) Sec. You're all set! Liability exemptions. (b) The owner or lessor may bring an eviction action, or, if the State's Attorney of the county in which the real property is located or the corporation counsel of the municipality in which the real property is located agrees, assign to that State's Attorney or corporation counsel the right to bring an eviction action on behalf of the owner or lessor, against the lessee and all occupants of the leased premises. (Source: P.A. Even so, proper notice must first be given before ending the tenancy. Failure to comply with rent deadlines Rent is usually considered late a day past it is due. 9-109) Sec. When it appears, by affidavit filed in the court where such proceeding is pending, that the defendant is a nonresident or has departed from this state, or on due inquiry cannot be found, or is concealed within this state, and the affiant states the place of residence of the defendant, if known, and if not known, that upon diligent inquiry he or she has not been able to ascertain the same, notice may be given as in attachment cases. ), (735 ILCS 5/9-214) (from Ch. 5-31-05. ), (735 ILCS 5/9-215) (from Ch. (Source: P.A. (Source: P.A. The summons and complaint must be served on the tenant by any one of the following: a sheriff, professional process server, or anyone over the age of 18 who isnt part of the case, at least three days The Illinois Condominium Property Act ( 765 ILCS 605) requires a condo association to collect assessments from owners. If a plaintiff which is a public housing authority accepts rent from the defendant after an action is initiated under this Section, the acceptance of rent shall not be a cause for dismissal of the complaint. No person shall make an entry into lands or tenements except in cases where entry is allowed by law, and in such cases he or she shall not enter with force, but in a peaceable manner. 110, par. 11-19-13. As used in this Section "farmland" means any property used primarily for the growing and harvesting of crops; the feeding, breeding and management of livestock; dairying, or any other agricultural or horticultural use or combination thereof, including, but not limited to, hay, grain, fruit, truck or vegetable crops, floriculture, mushroom growing, plant or tree nurseries, orchards, forestry, sod farming and greenhouses; the keeping, raising and feeding of livestock or poultry, including poultry, swine, sheep, beef cattle, ponies or horses; dairy farming; fur farming; beekeeping; or fish or wildlife farming. If the premises are being let by the board of managers as provided in Section 9-111.1 of this Act, when any order is sought to be vacated, the court shall vacate the order effective concurrent with the expiration of the lease term. 82-280. Rent recoverable by representative, from subtenant. Illinois Department of Human Rights (IDHR) - IDHR administers the Illinois Human Rights Act, which prohibits discrimination in Illinois with respect to employment, financial credit, public accommodations, housing and sexual harassment, as well as sexual harassment in education. Except as provided in Section 9-206 and Section 9-207.5 of this Act, in all cases of tenancy from year to year, 60 days notice, in writing, shall be sufficient to terminate the tenancy at the end of the year. ), (735 ILCS 5/9-206) (from Ch. 110, par. However, if the result of the prosecution of such appeal and entry of final judgment is that the defendant was obligated to the plaintiff during the pendency thereof in a different form, manner or amount than that in which any payment or payments made under the provision of this Section was or were enforced or accepted, or in a different form, manner or amount than that adjudged in any judgment entered by any court in any other proceedings instituted by virtue of the provisions of this Section during the pendency of the appeal, such payment or payments shall be deemed to have been made to apply in the form, manner and amount resulting or arising from the prosecution of such appeal, on account of the defendant's obligation. Aggravated kidnapping; Aggravated battery with a . 9-210. The Illinois Eviction Moratorium was extended by Governor J.B. Pritzker on September 17, 2021 via Executive Order 2021-23, postponing the moratorium's . 9-307. three days) or exceptions for weekends or court-observed holidays. 91) Sec. 82-280. 110, par. Wilfully holding over. 98-514, eff. reasons for a landlord to evict in Illinois. 9-104. Elizabeth Souza. Affirmative defense for violence; barring persons from property. The notice shall be substantially in the following form: "TO A.B. A landlord can evict a tenant in Illinois for a variety of reasons. 9-104.2. 110, par. ), (735 ILCS 5/9-303) (from Ch. 9-104.1. 9-101) Sec. The summons must be served at least three days prior to the hearing. Executive Order 2020-72, as amended and re-issued, continues to protect many individuals from eviction. Summons may be served on the defendant "Unknown Occupants" by the sheriff or court appointed process server by leaving a copy at the unit with any person residing at the unit of the age of 13 years or greater, and if the summons is returned without service stating that service cannot be obtained, constructive service may be obtained pursuant to Section 9-107 of this Code with notice mailed to "Unknown Occupants" at the address of the unit. 82-280. . Thereafter the plaintiff shall be entitled to re-enter the premises immediately. 9-211. ), (735 ILCS 5/9-115) (from Ch. 110, par. (d) If a lessor or the lessors assignee voids a lease or contract under the provisions of this Section and the tenant or occupant has not vacated the premises within 5 days after receipt of a written notice to vacate the premises, the lessor or lessors assignee may seek relief under this Article IX. (a) Tenancies from year to year of farmland occupied on a crop share, livestock share, cash rent, or other rental basis in which the lessor is the life tenant or the representative of the life tenant shall continue until the end of the current lease year in which the life tenant's interest terminates unless otherwise provided in writing by the lessor and the lessee. 9-316. 110, par. If at any time, either during or after the period of stay, the defendant pays such expenses found due by the court, and costs, and reasonable attorney's fees as fixed by the court, and the defendant is not in arrears on his or her share of the common expenses for the period subsequent to that covered by the order, the defendant may file a motion to vacate the order in the court in which the order was entered, and, if the court, upon the hearing of such motion, is satisfied that the default in payment of the proportionate share of expenses has been cured, and if the court finds that the premises are not presently let by the board of managers as provided in Section 9-111.1 of this Act, the order shall be vacated. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. After a trial, if the court finds, by a preponderance of the evidence, that the allegations in the complaint have been proven, the court shall enter an eviction order in favor of the plaintiff and the court shall order that the plaintiff shall be entitled to re-enter the premises immediately. 110, par. Before beginning the eviction lawsuit, though, the landlord must first terminate the tenancy. Lease to bona fide tenant. 82-280. Subject to the provisions of Section 16 of the Landlord and Tenant Act, in order to terminate tenancies from year to year of farm lands, occupied on a crop share, livestock share, cash rent or other rental basis, the notice to quit shall be given in writing not less than 4 months prior to the end of the year of letting. (a) A mortgagee, receiver, holder of the certificate of sale, holder of the deed issued pursuant to that certificate, or, if no certificate or deed was issued, the purchaser at a judicial sale under Section 15-1507 of this Code, who assumes control of the residential real estate in foreclosure, as defined in Section 15-1225 of this Code, may terminate a bona fide lease, as defined in Section 15-1224 of this Code, only: (i) at the end of the term of the bona fide lease, by no less than 90 days' written notice or (ii) in the case of a bona fide lease that is for a month-to-month or week-to-week term, by no less than 90 days' written notice. 9-208. The notice is to be signed by the lessor or his or her agent, and no other notice or demand of possession or termination of such tenancy is necessary. The same articles of personal property which are, by law, exempt from the enforcement of a judgment thereon, except the crops grown or growing upon the demised premises, shall also be exempt from distress for rent. (Source: P.A. Applicability. (3) Notice by verified complaint setting forth the. 110, par. 9-107.5. (Source: P.A. (2) any housing or unit of housing owned, operated, or managed by a housing authority established under the Housing Authorities Act; or, (3) any housing or unit of housing financed by a loan.
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