Jury trial. 83-707. To prevent invalidation, the notice must prominently state: "Only FULL PAYMENT of all amounts demanded in this notice will invalidate the demand, unless the person claiming possession, or his or her agent or attorney, agrees in writing to withdraw the demand in exchange for receiving partial payment." Recovery of rent. (Source: P.A. The money resulting from such sale shall be deposited with the clerk of the court in which the action is pending, there to abide the event of the action. A good faith purchaser shall, however, take such crops free of any landlord's lien unless, within 6 months prior to the purchase, the landlord provides written notice of his lien to the purchaser by registered or certified mail. Failure to include this language in a written lease or the use of an oral lease shall not waive or impair the rights of the lessor or lessor's assignee under this Section or the lease. 82-280. the period shall be 90 days if a judgment of eviction with respect to the manufactured home has been entered. Any demand may be made or notice served by delivering a written or printed, or partly written and printed, copy thereof to the tenant, or by leaving the same with some person of the age of 13 years or upwards, residing on or in possession of the premises; or by sending a copy of the notice to the tenant by certified or registered mail, with a returned receipt from the addressee; and in case no one is in the actual possession of the premises, then by posting the same on the premises. A standardized residential eviction order form, as determined by the Supreme Court, shall be used statewide. 110, par. Subject to the right of the landlord to distrain for rent, a tenant has the right to remove from the leased premises all removable fixtures erected thereon by him or her during the term of the lease, or of any renewal thereof, or of any successive leasing of the premises while the tenant remains in possession in the character of a tenant. 82-783. ), (735 ILCS 5/9-115) (from Ch. Growing crops. (b) This Section applies only if all of the following conditions are met: (1) The verified complaint seeks possession of. In Chicago, if a tenant commits a minor violation of the terms of their lease or legal responsibilities, the landlord can serve them a 10-Day Notice to Comply or Vacate. (a) It is an affirmative defense to an action maintained under this Article if the court finds that:(1) the landlord's demand for possession is based, solely or in part on the citizenship or immigration status of the tenant; or, (2) the landlord's demand for possession is based. ), (735 ILCS 5/9-301) (from Ch. 82-280. 7-22-10; 97-1150, eff. This is called a default judgment. Illinois Compiled Statutes | Article IX - EVICTION | Casetext 91) Sec. (a-5) The Board of Managers may seek to evict a tenant or other occupant of a unit under an existing lease or other arrangement between the tenant or other occupant and the defaulting owner of a unit, either within the same action against the unit owner under paragraph (7) of subsection (a) of Section 9-102 of this Article or independently thereafter under other paragraphs of that subsection. (Source: P.A. Illinois may have more current or accurate information. Here's a breakdown of the rules every Illinois landlord and tenant should know. ), (735 ILCS 5/9-215) (from Ch. 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. (Source: P.A. 2. served by delivering acopy thereof to the tenant, or by leavingwith some person of the age of 13 years or upwards, residing on or in possession of the premises; or by sendingby certified or registered mail, with a returned receipt from the addressee; and in case no one is in the actual possession of the premises, then by posting the same on the premises. Receipt that the complaint and summons were served to the tenant; and. 9-111.1. Failure to inform lessor who is a child sex offender and who resides in the same building in which the lessee resides or intends to reside that the lessee is a parent or guardian of a child under 18 years of age. If the tenant pays his rent to the association pursuant to the entry of such an eviction order, the unit owner may not sue said tenant for any such amounts the tenant pays the association. 100-173, eff. ), (735 ILCS 5/9-320) (from Ch. or witnesses to help prove the case in court. 1-1-18. Counterclaim - Defenses. If it appears on the trial that the plaintiff is entitled to the possession of the whole of the premises claimed, judgment for the possession thereof and for costs shall be entered in favor of the plaintiff. 100-173, eff. (b) (2) In any action for forcible detainer or for recovery of possession of tangible personal property, the summons shall be in the same form, but shall require each defendant to appear on a day specified in the summons not less than 7 or more than 40 days after the issuance of summons. When such demand is made by an officer authorized to serve process, his or her return is prima facie evidence of the facts therein stated, and if such demand is made by any person not an officer, the return may be sworn to by the person serving the same, and is then prima facie evidence of the facts therein stated. 1-1-18. Executive Order 2021-11 extends the moratorium on Illinois evictions to June 26, 2021. . (a) As to property subject to the provisions of the "Condominium Property Act", approved June 20, 1963, as amended, when the action is based upon the failure of an owner of a unit therein to pay when due his or her proportionate share of the common expenses of the property, or of any other expenses lawfully agreed upon or the amount of any unpaid fine, and if the court finds that the expenses or fines are due to the plaintiff, the plaintiff shall be entitled to the possession of the whole of the premises claimed, and the court shall enter an eviction order in favor of the plaintiff and judgment for the amount found due by the court including interest and late charges, if any, together with reasonable attorney's fees, if any, and for the plaintiff's costs. A written lease shall notify the lessee that if any lessee or occupant, on one or more occasions, uses or permits the use of the leased premises for the commission of a felony or Class A misdemeanor under the laws of this State, the lessor shall have the right to void the lease and recover the leased premises. (c) In order to be eligible for the benefits granted to service members under this Section, a service member or a member of the service member's family who resides with the service member must provide the landlord or mobile home park operator with a copy of the orders calling the service member to military service in excess of 29 consecutive days and of any orders further extending the period of service. Section 9-106 of the Eviction Act provides that "no matters not germane to the distinctive purpose of the proceeding shall be introduced by joinder, counterclaim or otherwise." 735 ILCS 5/9-106. (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. (Source: P.A. ), (735 ILCS 5/9-217) (from Ch. Where a tenancy is terminated by notice, under either of the 2 preceding sections, no further demand is necessary before bringing an action under the statute in relation to eviction or ejectment. Distress for products and labor. 1-25-13. Service of the demand by registered or certified mail shall be deemed effective upon deposit in the United States mail with proper postage prepaid and addressed as provided in this subsection. (c) If an eviction order is entered, the Board of Managers may obtain from the clerk of the court an informational certificate notifying any tenants not parties to the proceeding of the assignment of the unit owner's interest in the lease arrangement to the Board of Managers as a result of the entry of the eviction order and stating that any rent hereinafter due the unit owner or his agent under the lease arrangement should be paid to the Board of Managers until further order of court. 8-21-19. Any judgment for money or any rent assignment under subsection (b) of Section 9-104.2 is not subject to this stay. ), (735 ILCS 5/9-204) (from Ch. Leased premises used in furtherance of a criminal offense; lease void at option of lessor or assignee. To do so, the landlord must first serve the tenant a 14 days notice to comply, which gives the tenant a chance to fix the issue. Scroll down below the chart for important information on how to fill out these forms, including the need for Adobe and downloading forms to save them properly so that you can electronically file them Help with rent, legal aid, and mediation services are available ), (735 ILCS 5/9-109.5) Sec. 9-109.7. Sign up for our free summaries and get the latest delivered directly to you. There are three different lengths of notice required to evict a tenant in Illinois: Five-day notice: A 5-day notice is used when the reason for eviction is failure to pay rent. Expiration of order. the association of all owners of units in the common interest community acting pursuant to the declaration. PDF Mobile Home Landlord and Tenants Rights Act (Printer-friendly) 9-205) Sec. Such notice shall be in the name of the clerk of the court, be directed to the defendant or unknown occupant, shall state the nature of the cause against the defendant or unknown occupant and at whose instance issued and the time and place for trial, and shall also state that unless the defendant or unknown occupant appears at the time and place fixed for trial, judgment will be entered by default, and shall specify the character of the judgment that will be entered in such cause. Recent laws may not yet be included in the ILCS database, but they are found on this site as. (Source: P.A. 9-204. 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. 9-319. (Source: P.A. 9-213.1. You must attend the court hearing if you want the court to stop the plaintiff from having you evicted. This Section does not apply to any action based upon a breach of a contract entered into on or after July 1, 1962, for the purchase of premises in which the court has entered a stay under Section 9-110; nor shall this Section apply to any action to which the provisions of Section 9-111 apply; nor shall this Section affect the rights of Boards of Managers under Section 9-104.2. 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 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. 9-101) Sec. Short title. 96-1551, eff. (a) In this Section: "Military service" means any full-time training or duty, no matter how described under federal or State law, for which a service member is ordered to report by the President, Governor of a state, commonwealth, or territory of the United States, or other appropriate military authority. (e) It is an affirmative defense to a prosecution for the violation of this Section that the tenant has paid to the landlord the proceeds from the sale of the crops within 10 days after such sale. 9-109. Pending appeal. 82-280. ), (735 ILCS 5/9-104.1) (from Ch. I hereby demand immediate possession of the following, described premises: (describing the same. 82-280. For a tenant with no lease or a month-to-month lease in Illinois, the landlord can serve them a 30-Day Notice to Vacate to terminate the tenancy. 82-280. This subsection shall apply only to leases or other rental arrangements entered into after the effective date of this amendatory Act of the 95th General Assembly. 99-753, eff. 1-1-18. (f) An eviction order entered in an action brought by a lessor or lessor's assignee, if the action was brought as a result of a lessor or lessor's assignee declaring a lease void pursuant to this Section, may not be stayed for any period in excess of 7 days by the court unless all parties agree to a longer period. Short title. 7-14 days. (Source: P.A. 110, par. 7-40 days. 9-115) Sec. 9-312) Sec. by the. 9-113. 97-913, eff. A landlordmay, any time after rent is due, demand payment thereof and notify the tenant, in writing, that unless payment is made within a time mentioned in such notice, not less than 5 days after service thereof, the lease will be terminated. An action brought under paragraph (7) of subsection (a) of Section 9-102 of this Act is neither barred nor waived by the action of a Board of Managers in accepting payments from a unit owner for his or her proportionate share of the common expenses or of any other expenses lawfully agreed upon for any time period other than that covered by the demand. 9-304. (a) If, after the effective date of this amendatory Act of 1995, any lessee or occupant is charged during his or her lease or contract term with having committed an offense on the premises constituting a Class X felony under the laws of this State, upon a judicial finding of probable cause at a preliminary hearing or indictment by a grand jury, the lease or contract for letting the premises shall, at the option of the lessor or the lessor's assignee, become void, and the owner or the owner's assignee may notify the lessee or occupant by posting a written notice at the premises requiring the lessee or occupant to vacate the leased premises on or before a date 5 days after the giving of the notice. Refusing to allow the landlord access to the rental unit. threatened domestic violence, dating violence, stalking, or sexual violence against a tenant, lessee, or household member; (3) based solely upon criminal activity directly, relating to domestic violence, dating violence, stalking, or sexual violence engaged in by a member of a tenant's or lessee's household or any guest or other person under the tenant's, lessee's, or household member's control, and against the tenant, lessee, or household member; or, (4) based upon a demand for possession pursuant to. Helping clients with landlord and tenant cases - Illinois Legal Aid 89-82, eff. 5. The Illinois Eviction Moratorium was extended by Governor J.B. Pritzker on September 17, 2021 via Executive Order 2021-23, postponing the moratorium's . 9-308. (3) Notice, by verified complaint setting forth the, (c) When a complaint has been filed under this Section, a hearing on the complaint shall be scheduled on any day after the expiration of 14 days following the filing of the complaint. 9-306. If any unknown occupants file such a petition, a hearing on the merits of the unknown occupant's petition shall be held by the court within 7 days of the filing of the petition with the clerk. Eviction Forms | Office of the Illinois Courts 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. No matter the situation, a landlord is not allowed to forcibly remove a tenant by: If a landlord shuts off a utility service, the landlord may be liable for the amount of a rent abatement for each month, and a prorated rent for each part of a month that the utility service was shut off. Removal of fixture. 110, par. 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. 82-280. (e) An eviction order entered under this Section may not be stayed for any period in excess of 7 days by the court. period the tenant, or another person on the premises with the consent of the tenant, refuses 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; (B) the landlord then sends written notice to the. (Source: P.A. This eviction notice gives the tenant 14 calendar days to fix the issue. 9-211) Sec. What Is The ICPA? (2) The verified complaint alleges that there is. (c) Mandatory sealing of court file. There is no right to a legal grace period (i.e. ), (735 ILCS 5/9-205) (from Ch. ), (735 ILCS 5/9-109) (from Ch. Eviction Protection FAQs - Illinois 9-311) Sec. 110, par. 9-102. But the property distrained, if the same has not been replevied or released from seizure, shall be first sold. This site is protected by reCAPTCHA and the Google, There is a newer version of the Illinois Compiled Statutes. 1-1-18. 84-1308. Notice to terminate tenancy from year to year. If any property distrained is of a perishable nature and in danger of immediate waste or decay, and is not replevied or bonded, the landlord or his or her agent or attorney may, upon giving notice to the defendant or his or her attorney, or if neither can be found, without any notice, apply to the court in which the action is pending describing the property, and showing that it is so in danger, and if the court is satisfied that the property is of a perishable nature and in danger of immediate waste or decay, and if the defendant or his or her attorney is not served with notice, or does not appear, that neither the defendant nor the attorney can be found, the court may enter an order to the person having possession of the property, directing the sale thereof upon such time and notice, terms and conditions as the court shall deem for the best interests of the parties concerned. 9-114. Disclaimer: These codes may not be the most recent version. (Source: P.A. 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. 9-307. ), (735 ILCS 5/9-201) (from Ch. 110, par. Recent laws may not yet be included in the ILCS database, but they are found on this site as. (d) The provisions of this Section are enforceable only if the lessee or occupant and the owner or owner's assignee have executed a lease addendum for drug free housing as promulgated by the United States Department of Housing and Urban Development or a substantially similar document. ), (735 ILCS 5/9-209) (from Ch. 1-1-18. (Source: P.A. This eviction notice gives the tenant 5 calendar days to move out without the chance to fix the issue. (2) Adjust the obligation under the rental agreement. (a) If the lessor, or agent of the lessor, of residential real property, containing 100 or more residential units in either a single building or a complex of buildings, maintains a business office on the premises of the building or complex that has regularly scheduled office hours, then the lessor, or agent of the lessor, must accept rent payments from a lessee of any of those residential units at that business office during the regularly scheduled office hours and the lessor may not impose any penalty, fee, or charge for making rent payments in this manner that are otherwise considered timely under the lease, but the landlord may refuse to accept payment by cash when rent payments are made in this manner. (c) For purposes of this Article: (1) "Common interest community" means real estate. Illinois eviction filings remain in the public record indefinitely, trapping people and families in poverty. In case of a condominium unit, the demand shall set forth the amount claimed which must be paid within the time prescribed in the demand and the time period or periods when the amounts were originally due, unless the demand is for compliance with Section 18(n) of the Condominium Property Act, in which case the demand shall set forth the nature of the lease and memorandum of lease or the leasing requirement not satisfied. 9-110) Sec. Eviction practice - Affirmative defenses and counterclaims|Illinois The average cost of an eviction in Illinois for all filing, court, and service fees is$312. 9-206. The claim for rent may remain pending until such time as the defendant or unknown occupant appears generally or is served with summons, but the eviction order shall be final, enforceable and appealable if the court makes an express written finding that there is no just reason for delaying enforcement or appeal, as provided by Supreme Court rule of this State. 9-117. 9-206) Sec. [11]or illegal drug activity, In Illinois, a landlord can evict a tenant for not paying rent on time. (Source: P.A. (c) Nothing in this Section or Section 15-1224 of this Code shall abrogate the rights of 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, who assumes control of the residential real estate in foreclosure to terminate a bona fide lease of a dwelling unit in residential real estate in foreclosure under Section 9-118, 9-119, 9-120, 9-201, 9-202, 9-203, 9-204, 9-209, or 9-210 of this Code. You're all set! 9-215. ), (735 ILCS 5/9-316) (from Ch. 9-104.2. All common interest community associations electing pursuant to paragraph (8) of subsection (a) of Section 9-102 to have this Article made applicable to such association shall follow the same procedures and have the same rights and responsibilities as condominium associations under this Article.
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