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When your Landlord wants to Evict You
Information for Illinois Tenants
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IMPORTANT NOTICE This information is not meant to be legal advice or to
replace the advice you should receive from an attorney. There are times
when it would be wise to consult a lawyer and other times when it is
essential to do so. Always remember, each individual case is unique. If you have additional
questions or want legal advice, follow this link to find the
Prairie State office nearest you. |
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PUBLICATION
CONTENTS
Content Updated: July 21, 2001
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About These Materials
These materials provide general information about the eviction
process under Illinois law. It primarily covers eviction situations
between a residential tenant and a private landlord and does not
explain everything about evictions. Local laws in your area may give you
additional rights and responsibilities. Additional eviction rules apply to
federally-subsidized and public housing.
This pamphlet is not meant to be a substitute for legal advice, nor is
it meant to replace a lawyer. If you have additional
questions or want legal advice, follow this link to find the
Prairie State office nearest you.
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Eviction
An eviction lawsuit is the way a landlord legally removes a
residential tenant from a rental unit. Evictions can be done for many
different reasons, but landlords must follow certain procedures in order for
the eviction to be lawful.
If your landlord wants to evict you, you should know the
following information:
Landlords can evict you when the term of your lease ends, if you did
not pay your rent on time, if you damaged the property, or if you violated
other lease provisions. Additionally, if you have a month-to-month lease,
the landlord can evict you after giving you a 30-day notice of termination
of your lease even if your rent is paid and you did not violate the lease;
It is not lawful for your landlord to evict you because you complained
to a governmental authority (such as a city building inspector) about any
conditions in your rental unit which you reasonably think violate a
building code, health code, or any similar law;
Your landlord may not evict you because of your race, sex, age,
national origin, family status, disability or religion;
It is not lawful for your landlord to evict you by changing the locks
on your door, by turning off the utilities to your apartment, or by any
other forceful methods. If your lease says your landlord can use these
methods without going to court, that part of the lease cannot be enforced.
If your landlord tries any of these methods to get you to leave,
immediately call the sheriff or an attorney. You may call your local legal
services office to see if you are eligible for assistance;
Generally, your landlord may not take any of your personal belongings
as a way to get you to move out. If you owe rent, your landlord can take
your belongings if he or she immediately files a lawsuit against you,
listing all of the property that was taken. This kind of lawsuit is called
a "distress for rent". If your landlord takes your property without filing
a lawsuit, the seizure is unlawful and the landlord may be liable for
damages.
YOU CAN ONLY BE EVICTED BY LEGAL MEANS. If your
landlord wants to evict you, there are certain steps which the landlord must
follow for the eviction to be lawful. If proper procedure is not followed,
the eviction is unlawful, and the landlord may be liable for damages.
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Eviction
Notice
Landlord Files a Lawsuit
Going to Court
Judgment
Appeals, Enforcement and Collections
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Step
One - Notice
Generally, you have the right to receive written notice before an
eviction lawsuit is filed against you. This written notice must be dated and
signed by the landlord. It does not have to be notarized or delivered by the
sheriff, but it generally must be delivered in person by someone. This
notice can be hand-delivered to you or to anyone aged 13 years or older who
lives with you. The notice can also be delivered by certified mail. Posting
the notice on the door or leaving it inside the premises is not proper.
Improper service of an eviction notice may be a legal defense to eviction,
particularly if you did not receive the notice on time because of the way it
was served. Keep any notice your landlord gives you. There are different
types of notices, depending on the reason for the eviction and type of lease
you have.
30-Day Notice. If you have a
month-to-month lease, your landlord may end it by giving you a 30-day
written notice. The landlord does not have to give you a reason for the
eviction. If you do not move out after the 30 days, the landlord may file
an eviction lawsuit against you. If you pay rent by the week, the landlord
only needs to give you a seven-day notice.
5-Day Notice for Nonpayment of Rent.
To evict you for nonpayment of rent, the landlord must give you a
written 5-day notice. The notice must tell you how much you owe and cannot
be served until the day after the rent was due. If you pay your rent in
full within five days of receiving the notice, you cannot be evicted.
Also, if you offer to pay the full rent within the five days, but the
landlord refuses to take it from you, you cannot be evicted for failing to
pay your rent. Bring someone with you when you try to pay so that you will
have a witness that you did offer to pay your rent to the landlord. Also,
be sure to keep your rent money if your landlord refuses to take it,
because if you defeat the eviction in court, you will still have to pay
the rent that you owe.
After the five days are up, if your landlord agrees to take your rent
and let you stay, be sure to get the landlord's agreement to let you stay
in writing. That way, if your landlord goes ahead with an eviction case,
you have some evidence to show the court that the landlord agreed to
continue to rent to you.
10-Day Notice to Quit.
For any other breach of the lease, the landlord must give you 10
days written notice. This notice must tell you in writing what the lease
violation is and state that the landlord has decided to end your lease
because of it. The notice must give you at least 10 days to leave. If you
do not move out after the 10 days are up, your landlord may file an
eviction lawsuit against you. It is very important to note that under
Illinois law, you do not have the right to "cure" the breach to avoid
eviction. This means that even if you fix the problem, the landlord can
still evict you. If your landlord tells you that you can stay if you fix
the problem, make sure that you get this agreement in writing.
No Notice Required. There are two
situations in which a landlord is not required to give you written notice
of eviction:
(1) At the end of a lease term, if the end date is stated on your
written lease. For example, if you have a written lease that says the
lease ends on September 1, 2001, the lease itself serves as notice to you
that your tenancy ends on September 1, 2001, and no further notice is
required.
(2) Some written leases say that the tenant waives the right to notice
of termination of the tenancy during the lease term. This means that the
tenant gives up the right to notice, so read your lease carefully to find
out if this applies.
In some cases, when an eviction is based on claims of drug or criminal
activity, the notice requirements are different. If this is your
situation, consult with an attorney to understand your rights fully.
Remember, even if you receive an eviction notice, you do not have to
move out until your case has been in court and the judge has signed an
order requiring you to move. Be aware that if you stay and your landlord
takes you to court, you may have to pay certain costs if you lose your
case. See Step Four - Judgment.
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Eviction
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Step Two - Landlord
Files A Lawsuit
If your landlord wants to proceed to evict you once the written notice
period has ended, he or she must file an eviction lawsuit (called "An
Action in Forcible Entry and Detainer") against you in court. Normally,
the county sheriff or a special process server will then serve you with a
summons stating the time, date, and courtroom you will have to go to
court in your case. Be sure to go to court on the specified date and time.
Even if you have already moved out, you should go to court to make sure that
your landlord gives the judge correct information, including the amount of
rent you owe. If you do not show up at all, the judge will probably enter a
money judgment and an eviction order against you, and you will have to move
out, possibly on that same day.
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Eviction
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Appeals, Enforcement and Collections
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Step
Three - Going To Court
Appearing in Court
Your summons will tell you when you need to go to court
for the first time. The date on the summons is called the "return date."
Depending on which county you live in, the procedures which the court
follows regarding your appearance may be different. At a minimum, you
should plan to be present in court on the date and at the time identified
on the summons. However, you should also check with the Circuit Clerk in
your county or with your local legal
services office to see if there are other things you should do - such
as filing a written appearance - before the return date.
Asking for a Trial
When you go to court on the return date, you should be
prepared to tell the judge whether you want to fight the eviction or not.
Unless you believe that you should lose your case or that you want to move
out, you should tell the judge that you want a trial. (The judge may use
the term "hearing" instead of trial.) If you do not tell the judge that
you want a trial, the judge may enter an order evicting you that day. In
some cases, the judge may not ask you if you want a trial; instead the
judge may ask you if you have a "defense" to the case. By asking this, the
judge wants to know if you have anything to say or any evidence to present
which would affect his or her decision about evicting you. If you want a
trial, you need to tell the judge that you have a defense. If you do not,
the judge may enter an order against you without a trial. In come
counties, you will have to have a trial the same day. Elsewhere, your
trial will then be scheduled for some time in the future - usually one
week later.
You have the right to request a jury trial, but jury
trials are very complicated, and you may not want to demand one unless you
have or plan on getting an attorney. If you want a jury trial, you must
file a written request for one when you first appear in court.
You may want to contact the Circuit Clerk’s office or your
local legal services office to find out about the practices typically
followed in your county
The Trial
At the trial, the judge will decide about your right to
remain in the premises and whether you owe the landlord any money for
rent. (If there is a question about whether you owe money for damage to
the property you are renting, it should be addressed in a separate
lawsuit.) The hearing, or trial, is your opportunity to tell your side of
the story to the judge. You may participate with or without an attorney.
During the trial, you may raise any legal defenses that you have. (Some
typical legal defenses to eviction are discussed below). If you are still
living in the house or apartment, you can also ask the judge for
additional time to move out. The judge does not have to give you time to
move, but the judge may do so.
Presenting Your Defense
The trial is your opportunity to present any defenses which you may
have. Be sure to bring to the trial any receipts, documents, photographs
of the apartment, or witnesses that help your case. (Written statements
from your witnesses will not be considered by the court. Your witnesses
must appear in person.) There are many different defenses which may apply
in an eviction case. Here are some typical defenses raised by tenants,
depending on the specific circumstances:
Possible defenses to an action
based on nonpayment of rent:
- You are not behind in your rent
- You did not get a 5-day notice
- The 5-day notice did not state the amount that
you owe
- The 5-day notice asked for more rent than you
owe, and you paid or tried to pay the amount you really owe
- You offered the full amount of rent within the
five days, but your landlord refused to accept your payment (if you have a
witness to this, the witness must be present in court)
- The apartment is in such bad condition that it
is worth less than the rent or that you had to make costly repairs
yourself. However, under Illinois law, you are not allowed to withhold
rent for bad conditions. This defense may only reduce the amount of
rent that you owe, and applies only in very serious situations.
Possible defenses to an action
based on a lease violation:
- You did not violate your lease
- The 10-day notice did not say how the lease was
violated
- Your landlord accepted your rent after learning
about the lease violation (therefore, your landlord waived (gave up) his
or her right to claim that you should be evicted for that violation)
Other possible defenses:
- The eviction notice did not give you the
required number of days (5, 10 or 30) to move
- The eviction notice was not served properly
- Your landlord filed the eviction lawsuit before
the full number of days specified in the notice expired
- You were served with an eviction notice in
retaliation for complaining to the health department, building inspector
or other government official about the conditions in your home
- Your landlord is attempting to evict you because
of your race, disability, sex, age, national origin, family status, or
religion
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Eviction
Notice
Landlord Files a Lawsuit
Going to Court
Judgment
Appeals, Enforcement and Collections
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Step
Four - Judgment
After hearing from both sides in the case, the judge will make a decision
and enter an order. Do not leave court without a copy of the order. Be sure
to read through the judge's order to determine what your rights and
responsibilities are. If the judge decides the case in your favor, you will
be allowed to stay in your house or apartment and keep paying rent according
to your rental agreement.
However, if the judge decides the case against you, he or she will issue
an eviction order. A court order for eviction generally includes a date by
which you must move and a statement of the amount of rent you owe your
landlord. The losing party in a lawsuit normally must pay the winning
party’s court costs. The court may award reasonable attorneys fees if you
lose the case, but only if your written lease specifically says you must pay
attorneys fees. The amount of any costs or fees should also be specified in
the eviction order.
The judge can order you to move out on the day of the trial. Even when
judges give tenants time to move, they usually only allow one or two weeks
for the move. Under Illinois law, it does not matter if you have children,
if you are pregnant, if you are sick, if it is winter, or if you have no
place to go. The judge can still order you to move out of your home by a
certain date.
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Eviction
Notice
Landlord Files a Lawsuit
Going to Court
Judgment
Appeals, Enforcement and Collections
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Step Five - After the Judgment: Appeals, Enforcement and Collections
Once the judge enters an eviction order, that decision is final. Under
Illinois law, however, you have the right to ask the court to reconsider its
decision. You also have the right to appeal the decision to the Appellate
Court. There are specific rules and procedures you must follow in order to
appeal or request reconsideration of a decision. Generally, there is a
30-day deadline from the date of the order for filing an appeal or request
for reconsideration. If you file late, the court will not review your case.
If you want to ask for reconsideration or file an appeal, you should consult
an attorney immediately after the judge issues the eviction order.
These procedures exist to so that a case can be reviewed if the judge has
made a mistake. They are not an opportunity for a second trial. In addition,
filing an appeal or request for reconsideration does not necessarily allow
you to stay in your apartment while the case is pending. You can ask the
court to allow you to stay pending the appeal, but the court does not have
to do so. If the court does let you stay, it may require you to post a bond.
You can suggest that you pay the rent while the appeal goes on.
If you do not move out by the date given in the eviction order, your
landlord should have the county sheriff enforce the eviction order and force
you to move out. After the date in the court order, the sheriff can force
you to move without warning. The sheriff will enforce the order by
supervising while your landlord moves you and your belongings out of the
premises and onto the street.
If you do not pay the amount of money ordered by the court, your landlord
may try to collect it from you. It is important to understand that there are
limitations on what your landlord may do to collect the money. For example,
if you receive public benefits such as Social Security disability, SSI, or
TANF, those funds cannot be garnished or seized, or removed from your bank
account. If your take-home pay is $231.75 or less per week, your wages
cannot be garnished or taken if you are unable to pay the judgment. Even if
you earn more than $231.75 per week, there are still limits on how much can
be deducted or garnished from your paycheck.
If you would like to review our materials on "When You Owe Money"
click here. Those materials describe your rights and obligations after a
court judgment in greater detail.
Prepared by Prairie State Legal Services
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