For both landlord and tenant, there is nothing quite as stressful as evictions.
For landlords, the process can be complex and fraught with legal implications. For tenants, the prospect of being kicked out of your home says it all.
Whether you're a new landlord or an experienced one, here's what you need to know about eviction guidelines in Chicago.
Grounds for Eviction
When you're a landlord, it's on you to understand Chicago tenant laws and what constitutes grounds for eviction. You must stay abreast with what's legally applicable and how to conduct an eviction in a fair and lawful manner.
In 2024, here's when you can legally present your tenant with an eviction notice:
- Failure to pay rent
- A violation of your lease terms - this includes subletting, damage to your property, or illegal activity
- Termination of the lease
- Major renovations - in this case, you can opt to evict your tenants
- Owner move-in - you might choose to move into the property yourself, in this case, you can rightfully evict your tenants
Let's take a closer look at the landlord eviction process. You are legally obligated to serve your tenants in the following ways:
- Five-day notice - specific to cases of non-payment of rent. Your tenant will have five days to pay overdue rent or vacate the home
- Ten-day notice - specific to lease violations. Your tenants have ten days to correct violations or vacate the home
- 30-day notice - specific to termination of a tenancy when they've signed a month-to-month lease
You must serve the eviction notice in person. Make sure to hand it to someone of an appropriate age within the household. Or, you must send it via certified mail.
Filing Eviction Lawsuits
Your tenants might not comply with an eviction notice, for example, they might not vacate the property in the given timeframe. In this case, you can file an eviction lawsuit against them. This is called forcible entry and detainer action.
According to post-pandemic tenant rights, follow the steps below:
- Prepare your complaint - be as detailed as possible - then file it with the court (be prepared to pay a filing fee)
- The court then issues a summons which you must serve to your tenant, as well as a copy of your complaint. Notify your tenant of the summons date and give them a chance to respond
- You'll then have to present your case before a judge
Your tenant must be aware that they can make a counterclaim and defend the eviction if they choose.
Along with understanding how to serve an eviction notice, it's also important to understand whether COVID-19 pandemic protections still apply.
During the pandemic, eviction protections were put in place, such as eviction moratoriums and rental assistance programs. However, these were earmarked as temporary.
It's up to you to do your homework on whether these protections are still applicable if you plan on serving an eviction.
Need Professional Assistance with Evictions?
There's no doubt that owning a residential property is a great way to make a passive income. However, the reality is that there's nothing passive about it when you're just starting as a landlord.
If you need hands-on assistance from a property management team you can rely on, PMI in Cook County, Chicago, is your go-to. Need help with tenant evictions? We've got you covered.
