How to Evict a Tenant in Kane County, IL for Nonpayment of Rent
My Tenant has Nonpayment of Rent…What Should a Landlord Do?
Step 1 : What Does the Lease State?
While you may want to do far worse things when you don’t receive rent, step one is to review the lease. Does is have a monthly date in which rent is due and a grace period before a late fee can be applied?
Assuming so, you have the foundation to begin collection procedure.
Step 2 : Speak to Your Tenant
Legal procedure for eviction can be expensive. It’s always best for both tenant and landlord to discuss the reason behind the nonpayment of rent. The more communication, the better!
Coming to a common reason as to why the tenant is refusing to pay rent or is simply struggling can lead to mutual ground in which landlord and tenant and discuss a payment plan or steps necessary to maintain tenancy. Regardless, get your conversation in writing and if common ground is reached, draft an agreement signed and dated by both parties outlining agreement.
Step 3 : 5 Days after Rent is Due, Send a “5 Day Notice”
The 5 Day Notice is a legal requirement in the State of Illinois to be served to tenant to formally notify them that they have five business days to pay rent in full (including late fees) or lease may be formally terminated.
This Notice may be served in the following ways (unless lease states otherwise) :
- Serve tenant face to face
- Serve tenant by USPS certified mail with return receipt
Other means in which you may serve (in accordance to lease) but may host some risk in court include :
- Send Notice by email
- Post Notice on entry to home.
After serving Notice, keep a copy that you may take to a local Notary and get formally notarized to bring into court with you.
Step 4 : Hire an Attorney to Represent Landlord in Court
Assuming rent is not paid after the five days have passed, it’s time set the grounds for legal proceedings. If the home you own is in the name of an LLC or corporation, you will be required to hire legal representation.
If not in name of an LLC or corporation, you may represent yourself. However, this is not my recommendation! Attorneys that focus Ste are fairly common to find. Here’s a few recommendations on hiring your eviction attorney :
- Do they charge a flat fee or hourly to handle the eviction?
- How many evictions have they performed in the past 12 months?
- Do the attorney have a relationship with a service processor?
- What opinion do they have of the Judge that handles eviction?
- Will the attorney assist in the service of the Notice of Forcible Entry and Detainer?
- Will the attorney record the Judgment with the County on your behalf?
Step 5 : Get Tenant Served to Attend Court
This is what I consider to be the hardest part of the process. By now, your tenant knows you are serious. They may attempt to dodge servicing in the hopes of dragging out the process and costing you time and money.
At this point, it’s helpful to have the name and address of the tenant employer as a means of potential service.
Step 6 : Your Day In Court
Ideally, this should go quick and easy. In fact, with attorney representation, landlord attendance should not be necessary.
Having proper documentation, providing proper 5 Day Notice service evidence, and evidence of service for Court attendance will be necessary.
From there, Judge will ideally rule in landlord favor with a firm time and date in which tenant will need to vacate property.
Step 7 : Setup Eviction with Sheriff Office
Another step and another fee (roughly $250.00). Depending on the county, providing 2-3 week notice to the Sheriff office is necessary obtain Sheriff assistance in forcibly accessing property.
This step also includes setting up three people to move items from home, obtaining a tarp to cover tenant remaining items for a 24 hour period, and obtaining a locksmith to access property and change locks.
MOST COUNTY SHERIFF OFFICES WILL NOT PERMIT A FORMAL EVICTION UNLESS THE LOCKSMITH AND MOVING CREW IS SECURED AND CONFIRMED FOR THE EVICTION TIME AND DATE.
Step 8 : Eviction Day Procedure
I recommend attending the day of the eviction. You will need to provide the Sheriff Deputy direction and well as the locksmith and moving crew.
Naturally, let the Sheriff clear the home of any tenants upon entry. Then, if will be your resposibility to lead the moving crew while the locksmith changes the locks to home.
If your rental property is in an association, you may to apply by association rules in order to perform the eviction.
Evictions are not an awful experience but can cost $1000-1500 to perform. This does NOT include lost rent. If this task sounds tedious or too time consuming, reach out to a local property manager for assistance. They should have the background to handle this procedure on a landlord’s behalf.
NOTE : This article was written from property manager and landlord experience and SHOULD NOT BE CONSIDERED LEGAL ADVICE.