Category: Landlord Tenant Law

Landlord and Tenant Legal Right Regarding Eviction in Chicago

An eviction in Chicago, IL can be scary, but you don’t have to lose your apartment if you follow the rules. The city has many laws that help tenants and landlords get out of their homes. There are a few important things to know before filing for eviction in the Chicago area. Keeping these rules in mind can make the process less intimidating and even save you money in the long run.

Upon serving the complaint, the landlord will have five days to fix the issue. If the tenant fails to cure the problem within the time frame, the landlord will not be able to proceed with the eviction. In the meantime, the tenant may file for a continuance, allowing him or her to find a new place to live. If you’ve filed for eviction in Chicago without getting a court order, you can appeal the decision.

In the event that you’ve filed for eviction in Chicago, you’ll need to file for a writ of attachment. The sheriff’s office can be the party bringing the eviction, and if the tenant doesn’t comply with the writ, the landlord can file a lawsuit against the tenant. If the tenant refuses to leave, the judge will decide if the eviction was legal.

The eviction process in Chicago involves five distinct steps. First, the tenant must be in arrears on their rent. Second, the landlord must provide written notice of the eviction. A tenant has 10 days to move out, and if they don’t move out, a judge will issue an eviction lawsuit. Lastly, the landlord must sue for possession and obtain a judgment for possession.

If the tenant pays his or her rents in time, the landlord can file an eviction lawsuit, but the landlord cannot file a lawsuit until the tenant has quit the unit. Generally, the landlord must mail the notices in a certified or registered mail with return receipt. If the tenant does not respond before the deadline, the eviction case will not be filed. If the tenant has a right to cure, the court will not file the eviction.

The landlord must be aware of the eviction. In the past, a tenant could be evicted if the landlord doesn’t respond to his or her notice within seven days. As a result, tenants should seek the help of an attorney if they are evicted from their Chicago apartment. A competent landlord and tenant lawyer will help the tenant, and a landlord will not evict the tenant if the landlord is unable to pay the rent.

The Illinois Governor’s eviction moratorium expired on Sunday, but the ban on evictions did not expire. In fact, the law’s effect was limited to a single property, with one exception. The city’s COVID-19 ordinance lasted only for 60 days. As a result, residents in Chicago could no longer be evicted. Regardless, of the legal situation, a stay-at-home order does not protect tenants from eviction.