Disclaimer: This article is for informational purposes only and is not legal advice. Always consult a licensed attorney or professional for legal guidance when considering an eviction.

Evictions are never an easy process, whether you’re a landlord or a tenant. If you own or manage property in Chicago and are faced with the unfortunate task of pursuing an eviction, it’s important to fully understand the legal procedure. Illinois has clear laws governing eviction that landlords must follow closely. Failure to comply with these laws can lead to dismissal of your case or legal consequences.

This guide will provide an overview of the eviction process in Chicago, explain the key legal steps involved, and highlight important considerations for both landlords and tenants.

Overview of Chicago’s Eviction Laws

Evictions in Chicago are governed by Illinois state law as well as additional ordinances specific to the city, most notably the Chicago Residential Landlord and Tenant Ordinance (CRLTO). Under these laws, landlords must follow legal procedures precisely to regain possession of a rental unit. Attempting to evict tenants without a court order, such as by changing locks or shutting off utilities, is illegal and considered “self-help eviction,” which can result in penalties for the landlord.

Additionally, Chicago has tenant-friendly policies, meaning landlords     must provide significant justification for evictions and adhere to strict notice and court regulations.

Common Grounds for Eviction

Landlords cannot evict a tenant without a valid reason. Some of the most common grounds for eviction in Chicago include the following:

• Nonpayment of rent: If a tenant fails to pay rent, the landlord may issue appropriate notices to begin the eviction process.
• Violating lease terms: This could include damage to the unit, subleasing without permission, or conducting illegal activities on the property.
• Holding over: This occurs when a tenant remains on the property after their lease term has ended without renewing the agreement.

It’s important for landlords to comply with the lease agreement and document any violations carefully.

Notice Requirements

Step 1: Giving Notice

Before eviction proceedings can begin, landlords must serve tenants with the proper notice. This step is critical to ensuring that the court will accept the case. The type of notice depends on the reason for eviction:

• 5-Day Notice (Nonpayment of Rent): If the tenant has not paid their rent, landlords can serve a 5-day written notice demanding payment. If the tenant pays within the 5-day period, the eviction process cannot proceed.
• 10-Day Notice (Lease Violations): If the tenant violates the lease in a way unrelated to rent payment, such as damaging property, a 10-day notice is required. This allows the tenant 10 days to correct the issue or vacate the property.
• 30-Day Notice (Termination of Tenancy): This is typically served when a landlord chooses not to renew a lease. The tenant must be given at least 30 days’ notice to move out the property.

Notices must include specific details about the violation, the time allowed to correct the issue, and next steps. Landlords also need to ensure that notice delivery methods comply with Illinois law, which may include certified mail, personal delivery, or posting notice on the premises.

Step 2: Wait for Compliance

After serving notice, landlords must give tenants the opportunity to comply within the stated timeframe. For example, a tenant can avoid eviction for nonpayment of rent by paying in full within the 5-day period. If tenants do not comply or leave, the landlord may proceed with filing for eviction.

Filing for Eviction (Forcible Entry and Detainer Action)

If a tenant doesn’t comply with the notice, the landlord can take the next step by starting the formal eviction process under the Illinois Forcible Entry and Detainer Act. This means filing a claim with the local county court, submitting the necessary paperwork, and paying the required filing fee to get the process moving.

Documents typically required include:

• A copy of the lease agreement
• Proof that the proper eviction notice was served
• Evidence of violation (e.g., photographs, invoice records)

Once the landlord files the lawsuit, the tenant will be served with a summons and complaint, notifying them of the court date.

Court Appearance and Judgment

Both the landlord and tenant must appear in court for the eviction hearing. During this hearing, the judge will review evidence and hear arguments from both sides. It’s essential for landlords to come prepared with documentation that supports their case, including the lease agreement, evidence of violations, and proof that the proper notice was served.

If the judge rules in favor of the landlord, they will issue an order for possession. This court order allows the landlord to legally regain possession of the property. The landlord may also be entitled to recover unpaid rent or damages, depending on the circumstances.

If the judge rules in favor of the tenant, the case will be dismissed, and the tenant will be allowed to remain in the property.

Enforcing the Eviction

If the court rules in favor of the landlord and the tenant still does not vacate the property after the court-ordered deadline, the landlord can request the sheriff’s office to enforce the eviction order.

Under no circumstances should landlords take matters into their own hands by locking the tenant out or removing their belongings. Only an official from the sheriff’s department can physically remove a tenant from the property.

Protecting Landlords and Tenants

Both landlords and tenants have rights and responsibilities throughout the eviction process. Here are a few important considerations for each party.

Tips for Landlords

• Follow all legal procedures meticulously to avoid delays or case dismissals.
• Document everything. Keep records of notices, lease agreements, payment histories, and any tenant communications.
• Consider mediation before pursuing formal eviction proceedings. Sometimes disputes can be resolved without court involvement.

Tips for Tenants

• Respond to notices promptly, even if that means seeking legal assistance. Ignoring eviction notices can escalate the situation.
• Request documentation and ensure it complies with Chicago’s ordinances.
• If the eviction is wrongful, file a defense and consider legal support through tenant advocacy organizations.

Avoiding Evictions

Evictions can be time-consuming, costly, and stressful for both parties. Landlords may consider proactive strategies such as thorough tenant screening, clear communication, or working out payment plans when tenants face temporary financial hardship.

Tenants are encouraged to communicate openly with landlords about any challenges they face to find amenable solutions before eviction becomes necessary.

Considering Eviction as a Chicago Landlord?

The eviction process in Chicago is complex, with strict requirements that landlords and tenants must follow. Adhering to these laws is critical not only to ensure compliance but also to protect the rights of all parties involved.

If you’re a landlord considering eviction or a tenant navigating this process, we strongly recommend seeking professional legal advice to guide you through the specific circumstances of your case.