Each year, upwards of three million American tenants receive eviction notices. The reasons for the forced removals vary, but evicting a tenant isn't always a simple process. Most states require property management to go through certain steps before removing tenants.
Are you a landlord or property owner looking to learn more about Chicago eviction laws? Read on to learn what steps must take to avoid running into legal trouble.
Long before a member of the Cook County Sheriff's Department enforces an eviction, the landlord or property owner must give adequate notice of termination. State law requires this form of notice.
There are different types of notices that vary depending on the situation. A few of the more common types of notice are:
- Five-day notice to pay rent
- 10-day notice to quit
- Unconditional quit notice
A process server must give this notice prior to expelling a tenant. The document should include information detailing the address in question, the reason for termination, and the date when the lease will terminate.
In some situations, the tenant may respond by catching up on rent or resolving the issue at hand. Once the termination notice has been served and the date of expiration passes, you can take steps to enforce the removal of the tenant.
If you do not have cause to terminate, you will have to wait until the term of the lease expires. At that point, you can choose to not renew the lease.
Reasons for Terminating Tenant Leases
One of the most common reasons for terminating a tenant's lease is failure to pay rent. Other common reasons include breaking the rules of the lease agreement or damaging property.
Tenants who do not vacate the property after the lease ends can also be subjected to lease termination.
Most states provide certain protections for tenants. For instance, you generally cannot remove someone for complaining about their unit. Tenants who temporarily leave their unit due to fear of domestic violence are also generally protected.
Tenants cannot be evicted due to race, color, and other protected designations.
The Court Process
Once you have the delinquent tenant served with a notice of termination, the next steps occur in court. The tenant will be required to appear in court on a specific day and time. During the appearance, both sides will present evidence.
A successful court hearing will render you an Order of Possession. This court document allows the sheriff's office to evict the tenant.
Enforcement may occur as soon as 24 hours after the order is ordered by the court.
Learn More About Chicago Eviction Laws
While the eviction process is straightforward in many regards, you must follow Chicago eviction laws to avoid possible legal problems later on.
Do you still have questions about the eviction process in Chicago? We're here to help. Contact Chicago's Responsive Property Manager today to learn important details about how to properly remove a tenant the right way.
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