Things You Should Know About Property Eviction in Chicago
Eviction is a legal process, and a judge will determine whether the eviction is legal and whether the tenant must leave the property. The statute on evictions in Illinois is 735 Ill. Comp. Stat. SS 5/9-106. The landlord must provide detailed information about the reasons for the eviction and the reasons the tenant is in default of rent. Once the landlord has obtained this information, he or she must file a lawsuit against the tenant to take possession of the property.
A tenant can also ask for a stay of execution. Usually, a judge will grant the tenant a ten-day period to find another place to live. In Chicago, this can take up to four months. If the court holds a hearing on the eviction, the tenant must leave the property. However, the landlord cannot file for a new lease if the tenant has not left the property. This is known as a Section 8 lease.
An eviction in Chicago is not easy to go through. A landlord must give the tenant a minimum of 48 hours’ notice before entering the premises. If a tenant fails to move out within the allotted time, the landlord cannot proceed with the eviction. Moreover, if the tenant pays the rent in full, the landlord cannot proceed with the eviction. This is a crucial defense for tenants to protect themselves from an eviction.
If you are facing an eviction in Chicago, you must first find out how to serve the eviction notice to the tenant. There are three ways to serve a notice: by hand, by certified mail, and by posting it on the door. Nevertheless, you can’t post the notice on a door. If you serve it via registered or certified mail, you must also file a copy with the court clerk and get a notarized certificate of service.
In Chicago, eviction laws are not simple. While they’re not a very complicated process, the process can be time-consuming and difficult. The landlord must provide the tenant with a written notice of termination. An eviction isn’t legal if the tenant fails to respond within the timeframe. Likewise, you need to be sure to be able to prove your intent to the court. This means that you must show that you have sufficient documentation to protect your interests.
Evictions in Chicago are legally complex. Generally, the landlord must give the tenant a five-day notice before filing an eviction lawsuit. If the tenant fails to leave the property in five days, the landlord may need to start all over again. You should retain an eviction lawyer even if the eviction is not your fault. This way, the landlord can claim that he is being unfair and can’t recoup his expenses. For more details as local Chicago landlord and tenant attorney in your area.