(f) A judgment for possession of the premises entered in an action brought by a lessor or lessors assignee, if the action was brought as a result of a lessor or lessors assignee declaring a lease void pursuant to this Section, may not be stayed for any period in excess of 7 days by the court unless all parties agree to a longer period. Service of the demand by registered or certified mail shall be deemed effective upon deposit in the United States mail with proper postage prepaid and addressed as provided in this subsection. For more information on tenant rights, see Every Tenant's Legal Guide, by Janet Portman and Marcia Stewart (Nolo). . Illinois Adds New Eviction Protections for Commercial and Residential The matter shall not be continued beyond 7 days from the date set for the first hearing on the complaint except by agreement of both the plaintiff and the defendant. The notice shall be substantially in the following form: TO A.B. (735 ILCS 5/9-102) (from Ch. Illinois Compiled Statutes Table of Contents. 9-202. (735 ILCS 5/9102) (from Ch. If any tenant gives notice of his or her intention to quit the premises which are held by him or her, at a time mentioned in such notice, at which time the tenant would have a right to quit by the lease, and does not accordingly deliver up possession thereof, such tenant shall pay to the landlord or lessor double the rent or sum which would otherwise be due, to be collected in the same manner as the rent otherwise due should have been collected. It is illegal for a landlord to evict a tenant because the tenant made a complaint to a government authority about housing code or health code violations (see 765 Ill. Rev. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. Any surplus shall be remitted to the unit owner. When action may be maintained. Stat. (b) The provisions of paragraph (8) of subsection (a) of Section 9-102 and Section 9-104.3 of this Act shall not apply to any common interest community unless. A judgment for possession of the premises entered in an action brought by a lessor or lessors assignee, if the action was brought as a result of a lessor or lessors assignee declaring a lease void pursuant to Section 11 of the Controlled Substance and Cannabis Nuisance Act, may not be stayed for any period in excess of 7 days by the court. Because the forcible entry and detainer action was prematurely filed, we must vacate the order granting the preliminary injunction and dismiss the action without prejudice. (4) Unit owners association or association means the association of all owners of units in the common interest community acting pursuant to the declaration. 9-108. Eviction practice - Discovery|Illinois Legal Aid Online 9-106.1. Part 2. The assignment must be in writing on a form prepared by the States Attorney of the county in which the real property is located. (2) The verified complaint alleges that there is direct evidence of any of the following: (A) unlawful possessing, serving, storing, manufacturing, cultivating, delivering, using, selling, giving away, or trafficking in cannabis, narcotics, or controlled substances within or upon the premises by or with the knowledge and consent of, or in concert with the person or persons named in the complaint; or (B) the possession, use, sale, or delivery of a firearm which is otherwise prohibited by State law within or upon the premises by or with the knowledge and consent of, or in concert with, the person or persons named in the complaint; or (C) murder, attempted murder, kidnapping, attempted kidnapping, arson, attempted arson, aggravated battery, criminal sexual assault, attempted criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, or criminal sexual abuse within or upon the premises by or with the knowledge and consent of, or in concert with, the person or persons named in the complaint. Action for condominium assessments not barred or waived by acceptance of assessments for time periods not covered by demand. Recent Changes in the Illinois Forcible Entry and Detainer Act When land has been sold upon a judgment of court, when the party to such judgment or person holding under him or her, wrongfully refuses or neglects to surrender possession of the same, after demand, in writing, by the person entitled to the possession. 82280.) Take a Tour. You may especially want to hire an attorney if you are confident of your case and your lease or rental agreement entitles you to attorney fees if you win in court. Forcible Entry And Detainer Illinois Summons Forcible Entry And Detainer :: Illinois If the plaintiff, his or her agent, or attorney files a forcible detainer action, with or without joinder of a claim for. In Illinois, a landlord can evict a tenant without a lease or with a lease that has ended (known as a "holdover tenant" or "tenant at will"). A forcible entry and detainer is an action that a landlord can take if the occupant refuses to leave after appropriate notice. 9-101. (735 ILCS 5/9-108) Sec. The mediation faqs on the Nolo site provide more information on the subject. The tenant will just have more time to live in the rental unit before being evicted. If the tenant pays the rent in full during the five days, the landlord cannot proceed with the eviction lawsuit (see 735 Ill. Comp. If the complaint alleges that the unit is occupied or may be occupied by persons other than or in addition to the unit owner of record, that the identities of the persons are concealed and unknown, they may be named and joined as defendant Unknown Occupants. (735 ILCS 5/9-202) Sec. 5/9-209). Illinois Code of Civil Procedure. Complaint In Forcible Entry And Detainer Form. (6) When lands or tenements have been conveyed by any grantor in possession, or sold under the order or judgment of any court in this State, or by virtue of any sale in any mortgage or deed of trust contained and the grantor in possession or party to such order or judgment or to such mortgage or deed of trust, after the expiration of the time of redemption, when redemption is allowed by law, refuses or neglects to surrender possession thereof, after demand in writing by the person entitled thereto, or his or her agent. (b-5) In all actions brought under this Section 9-118, no predicate notice of termination or demand for possession shall be required to initiate an eviction action. The defendant _____ is unlawfully withholding possession of the above described premises from me. - 735 ILCS 5, Section 9-107 Constructive service. ACTIONS AND REMEDIES CHAPTER 24. 9-104.2. 110, par. Forcible Detainer Eviction in California - Fast Evict No person shall make an entry into lands or tenements except in cases where entry is allowed by law, and in such cases he or she shall not enter with force, but in a peaceable manner. The owner or lessor shall remain liable for the cost of the eviction whether or not the right to bring the forcible entry and detainer action has been assigned. (735 ILCS 5/9-111) Sec. Pro se litigants (both landlords and tenants) may obtain assistance in preparing complaints or responding to them from the legal help desk on Friday between 1 p.m . Unlawful detainer cases are often used if one of the following occurs: The tenant does not leave after the lease ends. (b) This Section applies only if all of the following conditions are met: (1) The complaint seeks possession of premises that are owned or managed by a housing authority established under the Housing Authorities Act or privately owned and managed. If any tenant or any person who is in or comes into possession of any lands, tenements or hereditaments, by, from or under, or by collusion with the tenant, wilfully holds over any lands, tenements or hereditaments, after the expiration of his or her term or terms, and after demand made in writing, for the possession thereof, by his or her landlord, or the person to whom the remainder or reversion of such lands, tenements or hereditaments belongs, the person so holding over, shall, for the time the landlord or rightful owner is so kept out of possession, pay to the person so kept out of possession, or his or her legal representatives, at the rate of double the yearly value of the lands, tenements or hereditaments so detained to be recovered by a civil action. Browse USLegal Forms largest database of85k state and industry-specific legal forms. Where a tenancy is terminated by notice, under either of the 2 preceding sections, no further demand is necessary before bringing an action under the statute in relation to forcible detainer or ejectment. Tenants Defenses to Eviction Notices in Illinois (d) If a lessor or the lessors assignee voids a lease or contract under the provisions of this Section and the tenant or occupant has not vacated the premises within 5 days after receipt of a written notice to vacate the premises, the lessor or lessors assignee may seek relief under this Article IX. In all cases of tenancy from week to week, where the tenant holds over without special agreement, the landlord may terminate the tenancy by 7 days notice, in writing, and may maintain an action for forcible entry and detainer or ejectment. Nothing herein contained shall be construed as affecting the right of a seller of such premises to any lawful remedy or relief other than that provided by Part 1 of Article IX of this Act. (735 ILCS 5/9-114) Sec. Once the tenancy ends, if the tenant remains on the property, the landlord can move forward and file an eviction lawsuit. Page 4. 9-112. 735 ILCS 5/9-101 - kentlaw.edu Illinois Forcible Detainers - Public Record Because the Forcible Entry and Detainer Section hears cases that seek evictions from real estate premises, the section is commonly known as "Eviction Court." Illinois Compiled Statutes 735 Civil Procedure: Article IX - Forcible In case of a condominium unit, the demand shall set forth the amount claimed which must be paid within the time prescribed in the demand and the time period or periods when the amounts were originally due, unless the demand is for compliance with Section 18(n)of the Condominium Property Act, in which case the demand shall set forth the nature of the lease and memorandum of lease or the leasing requirement not satisfied. Except as otherwise provided in Section 9-120, no matters not germane to the distinctive purpose of the proceeding shall be introduced by joinder, counterclaim or otherwise. (f) This Section shall not be construed to prohibit the use or possession of cannabis, narcotics, or a controlled substance that has been legally obtained in accordance with a valid prescription for the personal use of a lawful occupant of a dwelling unit. If the tenant thereafter fails and refuses to pay the rent, the Board of Managers may bring an action for possession after making a demand for rent in accordance with Section 9-209 of this Code. 9101) Sec. (2) Declaration means any duly recorded instruments, however designated, that have created a common interest community and any duly recorded amendments to those instruments. An action brought under paragraph (7) of subsection (a) of Section 9-102 of this Act is neither barred nor waived by the action of a Board of Managers in accepting payments from a unit owner for his or her proportionate share of the common expenses or of any other expenses lawfully agreed upon for any time period other than that covered by the demand. Eviction cases (forcible entry and detainer) are heard in the three civil courtrooms as follows: Courtroom 204, Thursday. CIVIL PROCEDURE (735 ILCS 5/) Code of Civil Procedure. - Elgin, Illinois Chicago has a slightly different set of eviction procedures, one of which is that the tenant has the right to fix a lease violation upon receiving a ten-day notice to quit because of a lease violation. When such demand is made by an officer authorized to serve process, his or her return is prima facie evidence of the facts therein stated, and if such demand is made by any person not an officer, the return may be sworn to by the person serving the same, and is then prima facie evidence of the facts therein stated. In order to terminate tenancies from year to year of farm lands, occupied on a crop share, livestock share, cash rent or other rental basis, the notice to quit shall be given in writing not less than 4 months prior to the end of the year of letting. (735 ILCS 5/9-102) Sec. (735 ILCS 5/9-210) Sec. (735 ILCS 5/9-115) Sec. 4. (735 ILCS 5/9-207) Sec. (4) When any lessee of the lands or tenements, or any person holding under such lessee, holds possession without right after the termination of the lease or tenancy by its own limitation, condition or terms, or by notice to quit or otherwise. The amount claimed shall include regular or special assessments, late charges or interest for delinquent assessments, and attorneys fees claimed for services incurred prior to the demand. PDF Forcible Detainer Cases Disposed Calendar Years 2021- 2022 Statewide by Further, the Illinois Human Rights Act prohibits discrimination based on those same characteristics and adds one other characteristic: sexual orientation. The tenant can use evidence that the landlord did not follow legally-required procedures as a defense to the eviction. Forcible Entry and Detainer No More - The Chicago Bar Foundation Article IX - Forcible Entry And Detainer The person claiming possession, or his or her agent or attorney, may, however, agree in writing to withdraw the demand in exchange for receiving partial payment. (c) When a complaint has been filed under this Section, a hearing on the complaint shall be scheduled on any day after the expiration of 14 days following the filing of the complaint. Eviction practice - Affirmative defenses and counterclaims|Illinois In General (735 ILCS 5/9101) (from Ch. (735 ILCS 5/9-109) Sec. (Source: P.A. 9-120. Rule 201 (k) ("Every motion with respect to discovery shall incorporate a statement that counsel responsible for trial of the case after personal consultation and reasonable attempts to resolve differences have been unable to reach an accord . Justia :: Complaint In Forcible Entry And Detainer :: Illinois Record Information Services - Illinois Forcible Detainers There is no set housing standard in Illinois for rental units, but all rental units must adhere to city housing codes, when applicable, and must be safe and sanitary. On complaint by the party or parties entitled to the possession of such premises being filed in the circuit court for the county where such premises are situated, stating that such party is entitled to the possession of such premises (describing the same with reasonable certainty), and that the defendant (naming the defendant) unlawfully withholds the possession thereof from him, her or them, the clerk of the court shall issue a summons. (735 ILCS 5/9-118) Sec. 2. For want of sufficient notice any cause may be continued from time to time until the court has jurisdiction of the defendant. 9-109.7. : You are hereby notified that in consequence of your default in (here insert the character of the default) of the premises now occupied by you, being, etc., (here describe the premises) I have elected to terminate your lease, and you are hereby notified to quit and deliver up possession of the same to me within 10 days of this date (dated, etc.).. If the tenant does not pay the rent within the five days, then the landlord can proceed with filing an eviction lawsuit, also known as a forcible entry and detainer suit in Illinois (see 735 Ill. Comp. Illinois Legal Aid also has useful information about evictions and will provide more information for eviction processes in your county based on your zip code. If a tenant makes a good-faith complaint to a government agency about the living conditions of the rental unit, and the landlord tries to evict the tenant, then the tenant can use retaliation as a defense to the eviction. For example, the landlord cannot file the eviction lawsuit with the courts until the landlord has given the tenant a notice to quit and the proper time frame has elapsed, either five days or ten days depending on the reason for the eviction (see Avdich v. Kleinert, 370 NE 2d 504 (1977)). 5/9-106). The claim for rent may remain pending until such time as the defendant appears generally or is served with summons, but the order for possession shall be final, enforceable and appealable if the court makes an express written finding that there is no just reason for delaying enforcement or appeal, as provided by Supreme Court rule of this State. In case of forfeiture under contract of purchase, the purchaser shall be entitled to cultivate and gather the crops, if any, planted by him or her and grown or growing on the premises at the time of the filing of the action, and shall have the right to enter for the purpose of removing such crops, first paying or tendering to the party entitled to the possession a reasonable compensation for such use of the land before removing such crops. The court shall grant the motion for the extension of the judgment of possession unless the defendant establishes that the tenancy has been reinstated, that the breach upon which the judgment was issued has been cured or waived, that the plaintiff and defendant entered into a post-judgment agreement whose terms the defendant has performed, or that other legal or equitable grounds exist that bar enforcement of the judgment. 82-280.) (d) Nothing in this Section 9-104.2 is intended to confer upon a Board of Managers any greater authority with respect to possession of a unit after a judgment than was previously established by this Act. 9-114. What Is a Forcible Entry and Detainer? If the tenant does not within the time mentioned in such notice, pay the rent due, the landlord may consider the lease ended, and sue for the possession under the statute in relation to forcible entry and detainer, or maintain ejectment without further notice or demand. You are hereby notified that in consequence of (here insert lessor-owner name) failure to comply with the leasing requirements prescribed by Section 18(n) of the condominium Property Act or by the declaration, bylaws, and rules and regulations of the condominium, or your default of any covenants, rules, regulations or bylaws of the condominium, in (here insert the character of the default) of the premises now occupied by you, being (here described the premises) the Board of Managers of (here describe the condominium) Association elects to terminate your lease, and you are hereby notified to quit and vacate same within 10 days of this date.. Affirmative Defenses or Counterclaims, Defendant must file a.Response (Answer, Motion to Dismiss etc.) 9-111.1. Summons may be served on the defendant Unknown Occupants by the sheriff or court appointed process server by leaving a copy at the unit with any person residing at the unit of the age of 13 years or greater, and if the summons is returned without service stating that service cannot be obtained, constructive service may be obtained pursuant to Section 9-107 of this Code with notice mailed to Unknown Occupants at the address of the unit. The owner of lands, his or her executors or administrators, may sue for and recover rent therefor, or a fair and reasonable satisfaction for the use and occupation thereof, by a civil action in any of the following instances: 1. After a trial, if the court finds, by a preponderance of the evidence, that the allegations in the complaint have been proven, the court shall enter judgment for possession of the premises in favor of the plaintiff. No other demand shall be required as a prerequisite to filing an action under paragraph (7) of subsection (a) of Section 9-102 of this Act. Stat. You'll have to prove that you're entitled to an eviction by . the Illinois Mortgage Foreclosure Law entered into on or after July 1, 1987 where the purchase . Demand Notice Termination of Lease and Possession of a Condominium. Provides a cross table with the number of forcible detainer cases disposed statewide, sorted by each year and month of the case disposition date for the requested timeframe, grouped by Case Disposition Type. 9-104. Stay of enforcement; drug related action. order to notify the illinois state police of an adjudication affecting foid status: general : 12/01/2020: ccg 0082: order to notify the isp of an adjudication as a mental defective . in an action brought under the Forcible Entry and Detainer Act (Act) (735 ILCS 5/9-101 to 9-321 (West 2004)). Whenever defendant cures the default under the contract pursuant to this Section, the defendant may within the period of stay file a motion to vacate the judgment in the court in which the judgment was entered, and, if the court, upon the hearing of such motion, is satisfied that such default has been cured, such judgment shall be vacated. Illinois law does not allow for self-help evictions, and therefore, changing of locks or taking other actions that would constitute a "constructive eviction" (such as cutting off utilities . The list below represents which Illinois counties Watch Illinois will check to find Forcible Detainer public records, and also how far back the data goes. In all cases of tenancy for any term less than one year, other than tenancy from week to week, where the tenant holds over without special agreement, the landlord may terminate the tenancy by 30 days notice, in writing, and may maintain an action for forcible entry and detainer or ejectment. Part 882). (b) Whenever the life tenancy of the lessor terminates not more than 6 months before the end of the tenancy of the lessee but before the beginning of the next crop year, the lessee of the farmlands is entitled to reasonable costs incurred in field preparation for the next crop year, payable by the succeeding life tenant or remainderman. I hereby demand immediate possession of the following described premises: (describing the same.) (a) Unless the Board of Managers is seeking to terminate the right of possession of a tenant or other occupant of a unit under an existing lease or other arrangement with the owner of a unit, no demand nor summons need be served upon the tenant or other occupant in connection with an action brought under paragraph (7) of subsection (a) of Section 9-102 of this Article. The Illinois Circuit Court website has a listing of each county courthouse. 9-101) Sec. 9-109.5. This Court has jurisdiction over the subject matter and myself . If you qualify for legal aid you may be able to get some help. The demand required by Section 9-102 of this Act may be made by delivering a copy thereof to the tenant, or by leaving such a copy with some person of the age of 13 years or upwards, residing on, or being in charge of, the premises; or in case no one is in the actual possession of the premises, then by posting the same on the premises. ARTICLE IX FORCIBLE ENTRY AND DETAINER Part 1. Download Free Print-Only PDF OR Purchase Interactive PDF Version of this Form. Thereafter the plaintiff shall be entitled to re-enter the premises immediately. If the defendant does not appear, having been duly summoned as herein provided the trial may proceed ex parte, and may be tried by the court, without a jury. (e) A judgment for possession entered under this Section may not be stayed for any period in excess of 7 days by the court. The Eviction Act mandates that any landlord evicting a tenant serve a notice of termination of tenancy in one of the following ways: By personal service on the tenant; Service on a person 13 years old or older if residing on the premises or in possession of the premises; This is a Illinois form and can be use in McHenry Local County. Forcible entry prohibited. - 735 ILCS 5, Section 9-107.5 Notice to unknown occupants. At the eviction hearing, the tenant will need to tell the judge all the defenses the tenant wishes to use to fight the eviction.
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