Eviction in Illinois

Eviction is a court process for removing tenants and other occupants from rental property.

In Illinois, only the county sheriff can perform evictions. The county sheriff must have a valid court order to carry out an eviction.

An occupant can take action to stop the eviction process at each step. Even after an eviction has taken place, they can ask a judge to seal the court file.

Requiring people to move

To get tenants or other occupants to leave, housing providers may:

• Ask people to move,
• Serve written eviction notices,
• Negotiate agreements, and
• Go to court to request an eviction order.

A judge must decide whether the property owner is entitled to possession. Only the sheriff's officers can return possession of the property to the landlord or property owner.

Lockouts are prohibited

Landlords and property owners can't use force to lock people out of a dwelling. The use of force includes:

• Changing locks,
• Removing belongings,
• Blocking entrances,
• Removing or disabling appliances (unless needed for repair),
• Threatening or injuring people,
• Damaging belongings,
• Removing doors or windows of the unit, 
• Harassing tenants with noise or other nuisances, and
• Shutting off heat, water, electricity, or essential utilities.

These actions are prohibited even when rent is unpaid, the tenant has violated the lease, or the rental agreement has expired.

Reasons for eviction

A landlord can ask a judge to evict an occupant who:

• Overstays a written lease that didn't renew,
• Doesn't leave a week-to-week or month-to-month rental after being given written notice the lease was ending,
• Fails to pay rent,
• Breaks any of the rules in a spoken (oral) or written lease,
• Damages the property, or
• Lives there without permission.

Landlords can’t evict people for:

• Protected identity characteristics,
• Complaining about unsafe property conditions, or
• Exercising special rights to end the lease early, such as those for:
  • Military personnel,
  • Domestic violence survivors, and
  • Housing Choice Voucher (HCV) holders who are victims of domestic violence, dating violence, sexual assault, or stalking.

Written eviction notices

In many situations, private landlords must serve a written eviction notice before filing an eviction case. Written notice is necessary if a landlord may ask a judge to evict a person for:

• Unpaid rent,
• Other lease violations, or
• Non-renewal or termination of
  • An oral (spoken) month-to-month lease,
  • A written lease in Chicago, Evanston, Oak Park, or suburban Cook County, or
  • Any lease that is at least partially paid by a Housing Choice Voucher (HCV).

Eviction notices must be filled out accurately and served according to the law. A landlord who makes a mistake on the eviction notice or doesn't follow the service requirements may need to start over with a new notice. We provide a program for filling out the necessary forms.

Notices don’t need to be notarized. Landlords and tenants should both keep their own copies of all notices.

Different rules govern eviction notices given to tenants in public housing. There are also less common situations where other kinds of notice may be used:

• The rental is in foreclosure, and the tenant has been served with a Supplemental Petition for Possession or Supplemental Order for Possession,
• The occupant is a previous building owner who failed to pay property taxes, and the tax purchaser filed a motion to evict in the tax deed case,
• The landlord and tenant have a “rent-to-own” seller-financed loan agreement, also called an “installment sales contract” or “contract for deed,” or
• The building has been declared unsafe for occupancy.

Serving written notices

If a tenant or subtenant is living in the unit, the landlord has to provide a written eviction notice by:

• “Personal service,” which means the notice is handed to a person named on the notice,
• “Substitute service,” which means the notice is handed to a person at least 13 years old who lives there and isn't named on the notice, or
• Certified or registered mail with a return receipt.

If a landlord doesn’t use one of these three options and files an eviction case based on the notice, the tenant can file a Motion to Dismiss that asks the judge to throw out the case. The landlord can explain what happened from their point of view. The judge then decides whether the case can continue.

For a tenant with a Housing Choice Voucher (HCV), the landlord must give the housing authority a copy of the notice right away.

Written notice doesn't have to be served by a law enforcement officer or private process server. The person who hand-delivers or mails the notice should fill out an Affidavit of Service of a Demand or Notice for proof. 

The only situations in which an eviction notice can be posted are:

• The unit is empty, or
• The people occupying the unit aren’t tenants or subtenants.

Deadline for informal agreement

An eviction notice states what has to happen before the deadline for the problem to be resolved without going to court. For example, the tenant may need to:

• Pay overdue rent,
• Find a new home for pets that aren't allowed under the lease,
• Fix property damage, or
• Move out.

If the issue continues after the deadline, the landlord can:

• Allow more time,
• Reach an agreement without going to court, or
• File an eviction case.

Negotiating agreements

An occupant doesn’t have to move out when asked or served with a written notice. In many situations, negotiations between a landlord and occupant can lead to a better outcome for everyone involved.

Write down any agreements and have all parties sign. Private agreements made before an eviction case is filed can’t be sealed, but the parties can agree to keep them confidential.

If a case is filed, the parties can also negotiate a settlement the judge can enforce. At that time, the parties can ask for the court file to be sealed.

Enforcement

Settlement agreements may include what will happen if the occupant doesn’t follow through. For example, the parties may agree that if the occupant doesn't follow through:

• The landlord can file a court case against the occupant,
• When asked for a reference, the landlord can explain the agreement and what happened,
• The occupant gives up their right to make certain claims against the landlord,
• The occupant gives up their right to request a jury trial, and
• The occupant gives up their right to present particular defenses in court.

Occupant stays

If the landlord agrees to let the occupant stay, the settlement might include:

• Lump sum payment of overdue rent by a certain date,
• A repayment plan,
• Probationary periods for lease violations such as noise complaints,
• Lease modifications, like establishing quiet hours or adding an unauthorized occupant to the lease,
• Additional fees, such as a one-time payment to allow a large dog in a unit where pets aren’t usually allowed, and
• Keeping the agreement confidential.

Move-out agreements

When an occupant agrees to move out by a specific date, often within 4-6 weeks, the agreement may include that:

• The landlord won’t file an eviction case against the occupant if they move out by the new deadline,
• The landlord won’t collect overdue rent if the occupant has moved by the deadline,
• The landlord will give a neutral reference for the occupant, and
• The parties will keep the agreement confidential.

Eviction court cases

A landlord who decides to start an eviction case must wait for the notice deadline to pass before filing a complaint in the county circuit court where the property is located. 

An eviction complaint includes:

• A copy of any relevant notices and affidavits of service,
• A copy of relevant written lease provisions, and
• If a notice, affidavit, and lease aren't attached, an Affidavit-Supporting Documents Not Attached to Eviction Complaint.

To complete this step, the landlord must pay filing fees or get a fee waiver.

When the circuit court clerk receives the complaint and any required fees, they assign a case number and set a first hearing date. 

Then, the landlord must complete and file an eviction summons for:

• Each person named as a defendant, and
• "Unknown Occupants" if applicable.

The summons tells the person when and where they need to attend court, including any video call information.

A copy of the complaint with all exhibits and the eviction summons must be served on each defendant.

Responding to an eviction case

Each named defendant or adult "Unknown Occupant" must decide how to respond to the eviction case. They may assert defenses, seek emergency rental assistance, and work to resolve the case with an Agreed Order. 

An occupant must attend the hearing listed on the paperwork to ask the court to deny the eviction. They may also have to file a written appearance and response. Each defendant must pay a filing fee or get a fee waiver to participate.

The occupant can also negotiate with the landlord to dismiss the case at the first hearing. If the parties agree to this resolution, they should write it down and sign.

First hearing

The first hearing may be a status or a chance to present evidence.

The judge can't order the defendants to do anything if they haven't been served with the court paperwork yet. If all defendants have been served, the judge can move the case forward.

Defendants who appear can tell the judge what they want to do, including:

• Present defenses,
• Agree to mediation,
• Ask for more time to resolve the issues with the landlord,
• Tell the judge why the case should be thrown out, 
• Request a jury trial, or
• Request a bench trial where the judge decides the issues.

In some courts, including Cook County, eviction defendants who don't have a lawyer may be offered access to free services for brief legal advice, help finding rental assistance, mediation options, and settlement negotiation.

Landlords can:

• Ask the judge for default judgment against any defendants who were served and didn't participate, which means they could be evicted without presenting their views in the court case,
• Agree to mediation,
• Ask for more time to resolve the issues with the tenant,
• Request a jury trial,
• Request a bench trial where the judge decides the issues, or
• Dismiss the case.

Court-based resolution

An eviction case ends for a particular defendant when:

• The judge enters a default eviction order,
• The defendant reaches a deal with the landlord that the judge approves,
• The defendant convinces the judge that the landlord isn't entitled to an eviction order,
• The landlord convinces the judge to enter an eviction order against the defendant, which requires proof that:
  • The defendant was served with the notice, Complaint, and Summons as required by law, and
  • The landlord has the right to evict the defendant, or
• The landlord dismisses the case.

If the case is dismissed or the parties agree, they may also ask the judge to seal the case.

Eviction orders

Eviction orders authorize the sheriff to remove a person from a particular place. They usually include a stay date, which gives the defendant a short amount of time to move out. The defendant can ask the judge for more time to move out.

If the move hasn't happened by the stay date, the landlord can schedule the eviction, and the sheriff will enforce the order.

After an eviction order

Sometimes, people find out after an eviction has occurred that there was a legal problem with the eviction paperwork. In this situation, an attorney may be able to help. To find a lawyer, visit Get Legal Help.