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A Simple Overview Of The Eviction Process In Chicago
- 1. A simple overview of the eviction process in Chicago Compliments of Bradford Miller Law, P.C. 321 N. Clark, Suite 500 Chicago, IL 60654 312-238-9298 bmiller@bradfordmillerlaw.com www.bradfordmillerlaw.com This overview is intended to be brief. The eviction process can get more complicated, especially if the tenant has his or her own Attorney. 1. Serve proper notice on the tenant. Typically, this is a 5-day notice, which is for non-payment of rent. 2. After the five days have passed, the complaint and summons can be filed with the Court (Daley Center – 6th floor). At that time, a return date will be given. This could be your first court date – depending on service of process. 3. Before the first court date, the Sheriff must serve the tenant with the complaint and summons to appear in Court. If the Sheriff is unsuccessful, a special process server will get appointed to serve the tenant. Another later date will then be set. 4. Your first court appearance occurs. This is when anything can happen. If a tenant does not show up, you could end up getting a default judgment. If the tenant does show up, they could ask for a continuance to find an Attorney or even ask for a jury trial. Or, the tenant can show up with an Attorney, ready to fight the landlord every step of the way. Please note that unless you get a default judgment, you will almost definitely be back in court again. 5. The court process plays itself out. This could mean anything from an agreed order (which is like a settlement agreement) to a full-blown trial. 6. In the end, a landlord hopes to get an order of possession, which essentially means they will get their property back - eventually. If you sought money damages, you could also get a money judgment awarded. 7. If you receive an order of possession, you can place it with the Sheriff after expiration of the “stay.” Typically, a judge will grant a stay of anywhere from 1- 2 weeks which is intended to give time to the tenant to move out on their own. 8. When the order of possession is placed with the Sheriff, they will eventually remove the tenant. However, take note that the current “backlog” is at least three weeks. 9. Generally speaking, the above process typically takes 3 months or so. However every case is different. 10. How much does all of this cost? It depends on the facts. Rates are available upon request. This is intended to supply general information to the public. Although the information is generally accurate, it cannot be guaranteed. The nature of the law changes quickly, and people should always insure that legal information is accurate before relying on it. The above information applies the law of the State of Illinois and City of Chicago. This information is necessarily brief and may or may not apply to your situation. In all cases, PLEASE CONSULT A LAWYER BEFORE ACTING. The reader should not consider this information to be an invitation for an attorney-client relationship, should not rely on information provided herein, and should always seek the advice of competent counsel in the reader's state. It is possible that this can be considered ADVERTISING MATERIAL in addition to general information. It is not intended to be solicitation or legal advice.