Evicting a commercial tenant in Illinois involves several key steps, and following them is crucial to properly complete the process. 

Following these steps is crucial for landlords seeking to evict a commercial tenant in Illinois, and failing to adhere to the proper notice requirements or filing incorrect paperwork can result in the dismissal of the eviction case. Additionally, landlords must ensure they do not engage in retaliatory or discriminatory actions against the tenant, which can lead to additional legal consequences.

By following the law, both landlords and commercial tenants can protect their rights and ensure a fair eviction process. Here is a short guide to the commercial eviction process in Illinois, how long it takes to evict a commercial tenant, and what both landlords and tenants should be aware of.

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Commercial Lease Agreements in Illinois

Commercial leases in Illinois can vary widely, but the two common types are gross and net leases. In a gross lease, the tenant pays a fixed rent amount, and the landlord is responsible for all operating expenses, including taxes, insurance, and maintenance. There are also modified gross leases, where the tenant pays a base rent plus some, but not all, of the operating expenses. Net leases allow the tenant to pay a base rent amount plus a portion of the operating costs. If you are a landlord or tenant and have questions about commercial lease agreements and commercial tenant evictions, seek legal advice.

Commercial Tenant Rights in Illinois

Commercial tenant rights in Illinois are governed by the terms of the lease agreement and state law. Under Illinois law, commercial tenants have the right to the following.

  • Habitable space. Landlords are generally required to maintain the premises in a safe and habitable condition, including providing necessary repairs and ensuring compliance with building and health codes.
  • Privacy. Tenants have the right to privacy within their leased space, and landlords are generally not allowed to enter the premises without proper notice, except in emergencies or other specific circumstances outlined in the lease agreement.
  • Fair eviction process. Commercial tenants are entitled to a fair eviction process, which includes receiving proper notice of lease termination or eviction proceedings and the opportunity to respond to any eviction actions.
  • Legal remedies. If landlords fail to uphold their obligations under the lease agreement or violate tenant rights, tenants have the right to seek legal remedies, such as withholding rent, repairing and deducting costs, or even terminating the lease agreement in certain circumstances.
  • Quiet enjoyment. Tenants have the right to peacefully and quietly enjoy the leased premises without interference from the landlord unless such interference is necessary for maintenance or repairs.

Seek legal counsel if you have any questions about these rights.

How Long Does it Take to Evict a Commercial Tenant?

Evicting a commercial tenant in Illinois can take anywhere from a few weeks to many months, depending on several factors, such as the complexity of the case and the tenant’s response. The process involves providing the tenant with a written notice to cure or vacate, filing an eviction lawsuit in court, attending a court hearing, obtaining a judgment for possession, and possibly enforcing the judgment through the sheriff’s office. The entire process can be expedited if the tenant vacates the premises voluntarily or if the court grants summary judgment.

Commercial v. Residential Evictions

Evicting a commercial tenant in Illinois differs from evicting a residential tenant in several ways.:

  • Notice Requirements. For commercial tenants, landlords must typically provide a written notice to cure or vacate before initiating eviction proceedings, as specified in the lease agreement. Residential tenants may also require written notice but the specific notice period can vary based on the reason for eviction and local laws.
  • Process. The judicial process for evicting a commercial tenant in Illinois is generally more complex than for residential tenants. Commercial evictions often involve more legal complexities and may require a longer time to resolve.
  • Lease terms. Commercial lease agreements often contain more detailed provisions regarding eviction procedures and grounds for eviction than residential leases, which can impact the eviction process.
  • Rights and remedies. Commercial tenants may have different rights and remedies available to them in case of eviction, such as the right to cure lease violations or the right to seek damages for wrongful eviction.

Overall, the eviction process for commercial tenants in Illinois tends to be more formal and legally intricate than for residential tenants due to the commercial nature of the lease agreements and the potential financial stakes involved.

Contact Us

Commercial lease evictions are complex proceedings that require legal expertise. If you are a commercial tenant or landlord facing eviction issues, contact Vantage Group Legal Services today to see how our subscription service can help you. Call us or fill out our online contact form for a free consultation.

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