Understanding the Eviction Process in a Post-Covid Society

 Posted on March 17, 2023 in Real Estate

Landlords wear many hats and juggle countless responsibilities. For many landlords and property owners, one of the worst aspects of the job is handling tenant evictions. It is an unpleasant process that nobody wants to face, and the global pandemic has presented landlords with even more challenges when it comes to evicting tenants.

Although most eviction moratoriums and other covid-related restrictions have been lifted by now, the pandemic changed the nature of the landlord-tenant relationship. Many tenants are set on doing everything they can to avoid meeting the terms of their lease agreements while remaining in their homes. If you are struggling to evict a tenant, it is important to understand the current eviction process in order to ensure that you are following the law and protecting your rights as a landlord.

Cook County, Illinois Eviction Process

Most evictions occur because a tenant is not paying rent or otherwise violated the lease. In Illinois, evictions are a judicial process. The first step is serving a notice to the tenant. If the eviction notice is based on failure to pay rent, the notice is a 5-day notice. If the tenant is in violation of the lease agreement, it is a 10-day notice. Month-to-month renters must be served with a Notice of Termination of Periodic Tenancy. The type of notice you will need to provide depends on many different factors, including the Illinois county where the rental property is located. This is why many landlords work with real estate lawyers to ensure they are following the current law correctly.

If the tenant does not comply with the terms of the notice, a civil court case is filed. If the court rules in favor of the landlord, an eviction order is filed with the county sheriff, and the tenants are physically evicted.

Landlords Must Act Within the Bounds of Illinois Law

When a tenant refuses to vacate a property, it can be extremely frustrating. Some landlords ask whether they can simply move the tenant's belongings out of the home and change the locks. The answer to this question is "no." Evictions require a court order, and only the county sheriff is legally authorized to perform a physical eviction.

Contact our Cook County Landlord Representation Attorneys

Landlord-tenant disputes can be highly complex. If you need to evict a tenant or are dealing with other legal issues related to your rental property, it is important to work with an experienced real estate lawyer. At Whitacre & Stefanczuk LTD, we offer landlord representation services and skilled legal guidance to landlords facing a range of difficulties. Call our Cook County real estate lawyers at 773-622-6100 for a free, confidential consultation.

Source:

https://www.cookcountysheriff.org/departments/courts/civil-services/evictions/eviction-procedure-plaintiffs-guide/