New Illinois Eviction Law Helps Both Tenants and Landlords

Il eviction attorney, IL eviction laws, IL real estate lawyerThe COVID-19 outbreak across the U.S. has left many Americans wondering how they will make rent payments and what will happen if they are unable to do so. For the past few months, a residential eviction moratorium has been in place, restricting residential tenants from being evicted due to late rent payments. This moratorium has been extended on multiple occasions, but is intended to conclude at the end of July. A new state grant program is beginning in August to provide financial assistance to those who are struggling to make rent payments, yet this may not be enough for many Illinois residents to stay afloat for long.

In mid-July, the Illinois Supreme Court adopted a new rule for eviction proceedings that will go into effect immediately. Whether it is in response to COVID-19’s effect on renters or was a longtime coming, new Rule 139 requires aims to better inform all parties involved in eviction cases.

Rule 139

The eviction process is not as immediate as many may think — a number of notices are required and it can take time for the court to address the eviction request. Rule 139 does not quicken up the eviction process, but it better informs the renter and court about the details of the landlord’s eviction request and case against their tenant. Moving forward, all eviction complaints must include a copy of the written eviction notice and relevant portions of the lease agreement where applicable.

The Illinois Supreme Court has released standardized forms for use by the landlord in place of the eviction notice or demand, in addition to the use of an affidavit for landlords that do not have a lease or written lease agreement. It is now required for the landlord to include the attachment of demands, termination notices, proof of service of the demands and notices, and relevant portions of the lease agreement when filing the eviction complaint.

These new requirements provide tenants with the relevant information for their case without having to wait for the trial or discovery to be informed about the allegations being made against them. This will allow tenants to find a reputable attorney who can represent their case well in advance of the court date. They will also have additional time to formulate their defense strategy against the eviction. Being able to reference the exact terms of the leasing agreement that have not been followed will also allow judges to give a more well-informed and timely response to the eviction case.

Contact a DuPage County Residential Real Estate Lawyer

Receiving an eviction notice can send anyone into a mental state of panic and uncertainty. In order to better clarify the reasons behind any eviction notices, the Illinois Supreme Court has required more information to be readily available to tenants facing possible eviction. The legal team at Stock, Carlson, Oldfield & McGrath, LLC remain in-tune to any legal updates regarding Illinois real estate and their attention to detail can help you be well-prepared for your case. Eviction notices should be taken seriously and you should search for a reputable attorney from the first notice received. Contact a Wheaton real estate attorney for help with your defense strategy at 630-665-2500.




Violating a Tenant's Rights Can Result in Expensive Litigation

DuPage County real estate lawyersWhen it comes to renting out a commercial building or residential property, landlords assume a lot of risk. Tenants may fail to pay their rent, could cause destruction to the property, or may violate building codes and cause the landlord to incur extra expenses. Yet, even in such instances, landlords must adhere to certain laws. In particular, they must follow the due process to ensure a tenant's rights are not violated. Failure to do so can result in expensive litigation. The following explains further, and provides you with some information on how you can legally protect your commercial or residential rental property.

Landlord Faces Litigation After Locking Tenant Out of Restaurant

After allegedly being locked out of his restaurant, a Mount Prospect business owner is suing his landlord. He claims he had not been late on his rent, had not been any form of notification, and was not permitted to retrieve his property within the building. The landlord's attorney alleges, instead, that he is not in the wrong. If anything, he is allegedly allowing the tenant to walk away from a 10-year lease without having to pay for any damages that may be owed.

This case, though still unresolved, brings a serious issue to light. The tenant is essentially suggesting that they landlord did not follow the legal process for evicting a tenant. It is also not an uncommon issue, which is rather unfortunate since, in such a situation, the landlord could be held liable for any losses experienced by the business owner. This may include the loss of property, revenue, and possibly even the loss of a company.

Protecting Your Property the Legal Way

Landlords do not have to stand idly by as a tenant fails to pay rent, damages property, or otherwise fails to adhere to a contract. Instead, they can take legal action to enforce their contract. If those efforts fail, then the landlord may proceed with the eviction process. Be aware, however, that there are still risks involved. As such, you should contact an experienced attorney for assistance with the process – especially if you believe an eviction may be in order.

Contact Our DuPage County Real Estate Lawyers

If you need help with a tenant issue or eviction, contact Stock, Carlson & Duff LLC for assistance. Skilled and experienced, we will fight to protect your property and your interests. Schedule a personalized consultation with our DuPage County real estate lawyers to discuss your commercial or real estate property issue. Call us at 630-665-2500 today.



The Eviction Process in Illinois

eviction process in Illinois, DuPage County Real Estate AttorneyMany people invest in rental property with the idea that the income the property generates will help with current living expenses and will be a source of income when the owners are ready to retire. Moreover, the majority of renters are good tenants who pay their rent on time and are respectful of the property they are renting. However, what happens when a property owner has a tenant who does not pay their rent or destroys the property? What are a landlord’s options?

When a landlord is having an issue with a tenant and wants the tenant out of the property, then he or she must first determine whether or not he or she even has the right to evict. You cannot evict a tenant just because you do not like him or her. This is especially true if there is an existing lease.

A landlord can petition to have a tenant evicted if he or she refuses to leave after the lease has expired. A landlord can also petition to have a tenant evicted if he or she has not paid rent. One exception to note in this situation, however, is there are incidents where a tenant refuses to pay the rent because of the landlord's failure to make repairs, or for other valid reasons. If this is the case, then the tenant must place the funds in an escrow account and notify the landlord of what he or she is doing and why.

A landlord can also have a tenant evicted if the individual is destroying the property or is causing a disturbance. For example, a tenant who is involved in drug dealing or other illegal activity that is taking place on the property can result in an eviction.

The reason why a tenant is being evicted determines what steps the landlord must take to begin the process. In cases where a tenant is not paying his or her rent, the landlord must serve the tenant with a five-day notice to quit—the tenant has five days to pay the back rent owed in full.

In situations where the tenant has violated the lease or other reason besides failure to pay rent, the tenant will be served with a 10-day notice to move out of the property.

Once the five or 10 days has passed, if the tenant has not complied, then the property owner can file an eviction lawsuit with the county court in which the property is located. At the hearing, both the landlord and tenant have an opportunity to present their side. If the court rules in favor of the landlord, the court will issue a written Order of Possession. This order will typically give a deadline of when the tenant must vacate the premises, as well as any other damages the tenant owes, such as back rent, the landlord's attorney fees, and court costs.

If the tenant has not left the property by the court's deadline, the landlord can then give the county sheriff's office the order of possession and the sheriff's office will forcibly remove the tenant.

It is important to follow the letter of the law when attempting to have a tenant evicted—if you miss a step, then the court could dismiss your case and you would have to begin the proceeding all over again. Therefore, any property owner dealing with a difficult tenant should contact an experienced DuPage County real estate attorney for help. Call Stock, Carlson & Duff LLC at 630-665-2500 to schedule your consultation today.