The eviction notice process in Illinois begins with the landlord serving the tenant with a written notice. If the tenant does not comply with the notice, the landlord can file a complaint for eviction with the court.

Understanding, filing, and responding to eviction forms is essential for landlords and tenants to protect their rights. Failing to respond or improperly completing forms can result in a judgment against them or a case being thrown out entirely. Landlords and tenants should familiarize themselves with the required forms and seek legal advice to ensure compliance with Illinois eviction laws. Here is a short guide on the Illinois eviction notice and complaint process, and a guide to the forms necessary to complete it.

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Illinois Eviction Notice Requirements

In Illinois, landlords must provide tenants with a written notice (in English and Spanish) before initiating eviction proceedings. For non-payment of rent, landlords must serve a 5-day notice in Illinois, informing the tenant of the amount due and the intention to evict if the rent is not paid. Alternatively, if the tenant violates the lease agreement or commits another lease violation, the landlord must serve a 10-day notice specifying the violation and give the tenant 10 days to correct the issue or vacate the premises. The notice must be properly served to the tenant either personally, by leaving a copy with someone of suitable age and discretion at the residence, or by posting a copy on the premises and mailing a copy via certified or registered mail.

Illinois Eviction Forms

The state’s Supreme Court Commission on Access to Justice has approved several Illinois eviction forms for landlord and tenant use that all Illinois courts must accept. 

Eviction Complaint Documents

  • Notice of eviction. Illinois courts require proper service of a notice on the tenant before filing a complaint for eviction. Landlords can use the form on the court website, which meets the state’s legal requirements in both Spanish and English.
  • Eviction complaint. This form can be used by landlords to officially begin the eviction process. It outlines the reasons for eviction and requests the court to issue an eviction order.
  • Summons (forcible entry and detainer). This form notifies the tenant that a complaint for eviction has been filed against them, informs them of their rights, and lists the date of the court hearing.
  • Order for possession (forcible entry and detainer). If the court rules in favor of the landlord, this form is issued, instructing the tenant to vacate the premises within a specified time frame.

Other forms vital to the eviction process, including a guide to the eviction process by Illinois Legal Aid Online, are also available on the website. 

Responding to an Eviction Complaint

  • Appearance and answer (forcible entry and detainer). Tenants use the appearance form to formally respond to an eviction complaint. By filing an appearance, tenants notify the court that they intend to participate in the case, and can admit or deny the allegations made in the complaint.
  • Defenses: Tenants can raise legal defenses in their answer to contest the eviction, which includes improper notice, the landlord’s failure to maintain the premises, and retaliation, all of which can be asserted in the forms available. 
  • Counterclaims. Tenants can file counterclaims against the landlord in their answer, seeking remedies such as repairs, rent abatement, or damages for landlord misconduct. 

These forms are crucial for landlords and tenants as they ensure the eviction process is conducted legally and fairly. Both parties must understand these forms and their significance to protect their rights during an eviction proceeding.

Contact Us

For those dealing with legal challenges related to landlord-tenant issues, seeking proper advice is crucial to ensuring your rights are protected. If you’re facing an eviction problem, Vantage Group Legal Services is here and ready to assist you. Contact us today by phone or fill out our online form to schedule a free consultation to learn more about our subscription service.

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