(Source: P.A. ~14 days. ), (735 ILCS 5/9-213.1) (from Ch. When default is made in any of the terms of a lease, it is not necessary to give more than 10 days' notice to quit, or of the termination of such tenancy, and the same may be terminated on giving such notice to quit at any time after such default in any of the terms of such lease. 9-104. However, nothing in this Section shall be construed to affect the classification of mobile homes as real or personal property for purposes of taxation. Even so, proper notice must first be given before ending the tenancy. The notice may be given at any time within 4 months preceding the last 60 days of the year. . The notice is to be signed by the lessor or his or her agent, and no other notice or demand of possession or termination of such tenancy is necessary. 110, par. 9-112. ), (735 ILCS 5/9-216) (from Ch. 110, par. A lien arising under this Section shall have priority over any agricultural lien as defined in, and over any security interest arising under, provisions of Article 9 of the Uniform Commercial Code. Each year, new laws come into effect that may impact your living situation. The money resulting from such sale shall be deposited with the clerk of the court in which the action is pending, there to abide the event of the action. ), (735 ILCS 5/9-318) (from Ch. You are hereby notified that in consequence. The demand shall be signed by the person claiming such possession, his or her agent, or attorney. 110, par. Further demand. ), (735 ILCS 5/9-109.6) Sec. An action to possess premises under this Section shall not be deemed to be in bad faith when the plaintiff based his or her cause of action on information provided to him or her by a law enforcement agency, the State's Attorney, or the municipality. Notice to non-residents. Rent payments at business office. To prevent the eviction, you must be able to prove that (1) the plaintiff and you made an agreement after the judgment (for instance, to pay up back rent or to comply with the lease) and you have lived up to the agreement; or (2) the reason the plaintiff brought the original eviction case has been resolved or forgiven, and the eviction the plaintiff now wants the court to grant is based on a new or different reason; or (3) that you have another legal or equitable reason why the court should not grant the plaintiff's request for your eviction. (f) This Section applies only in counties having a population of more than 3,000,000. (Source: P.A. If a counterclaim is interposed, and it is determined by the court that a balance is due from the plaintiff to the defendant, judgment shall be entered in favor of the defendant. (Source: P.A. (735 ILCS 5/9-107.10) Sec. ), (735 ILCS 5/9-308) (from Ch. Changing or rekeying of the dwelling unit lock. this Article. Standard of proof. ", The court shall grant the motion for the extension of the eviction order unless the defendant establishes that the tenancy has been reinstated, that the breach upon which the order 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 order. 110, par. 9-316) Sec. Act 5 - CODE OF CIVIL PROCEDURE. On or before the day set for the appearance, the sheriff shall file the notice with an endorsement thereon stating the time when and places where the sheriff posted and to whom and at what address he or she mailed copies as required by this Section. Termination for breach The most common breach of a lease is non-payment of rent. (e) A landlord's failure to accept a service member's termination of a lease that is effected pursuant to this Section imposed by this Section constitutes a civil rights violation under the Illinois Human Rights Act. (3) Notice by verified complaint setting forth the. Legal grounds to evict include not paying rent on time, staying after the lease ends, violating the terms of the lease and committing illegal activity. 9-105) Sec. For evictions due to illegal activity What is Landlord-Tenant law in Illinois? (a) Definition. 100-173, eff. If the defendant appears, a trial shall be held immediately as is prescribed in other eviction proceedings. (Source: P.A. 82-280. A tenant can only be legally removed with a court order obtained through the formal eviction process. Remedies available to lessee. lands or tenements without right or title. When the rent is payable wholly or in part in specific articles of property or products of the premises, or labor, the landlord may distrain for the value of such articles, products or labor. You can explore additional available newsletters here. 97-913, eff. (Source: P.A. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. (Source: P.A. (735 ILCS 5/9-109) (from Ch. ), (735 ILCS 5/9-210) (from Ch. 9-104.3. ), (735 ILCS 5/9-116) (from Ch. (c) The plaintiff may obtain an eviction order only and not for rent as to any unknown occupants. (Source: P.A. 110, par. 1-1-13. Unlawful Activity (5-Day Notice) - A lease can be voided by any act constituting a felony or Class A misdemeanor in the state of Illinois committed by a tenant on the premises. However, it can take longer depending on the reason and whether the tenant contests it. 94-2, eff. 1-1-18. Constructive service. It is illegal for a landlord to evict a tenant in response to exercising a legally protected right. 16. In Illinois, all evictions follow the same process: From start to finish, an eviction in Illinois can be completed in two weeks to five months. 7-40 days. Tenants Defenses to Eviction Notices in Illinois | Nolo Fill out and sign the forms listed below. The tenant may be served by any one of the following methods: Here's a breakdown of the rules every Illinois landlord and tenant should know. Five days after such notice is served, the landlord may commence eviction proceedings against the tenant. (a) As to property subject to the provisions of the "Condominium Property Act", approved June 20, 1963, as amended, when the action is based upon the failure of an owner of a unit therein to pay when due his or her proportionate share of the common expenses of the property, or of any other expenses lawfully agreed upon or the amount of any unpaid fine, and if the court finds that the expenses or fines are due to the plaintiff, the plaintiff shall be entitled to the possession of the whole of the premises claimed, and the court shall enter an eviction order in favor of the plaintiff and judgment for the amount found due by the court including interest and late charges, if any, together with reasonable attorney's fees, if any, and for the plaintiff's costs. (2) Adjust the obligation under the rental agreement. However, if the result of the prosecution of such appeal and entry of final judgment is that the defendant was obligated to the plaintiff during the pendency thereof in a different form, manner or amount than that in which any payment or payments made under the provision of this Section was or were enforced or accepted, or in a different form, manner or amount than that adjudged in any judgment entered by any court in any other proceedings instituted by virtue of the provisions of this Section during the pendency of the appeal, such payment or payments shall be deemed to have been made to apply in the form, manner and amount resulting or arising from the prosecution of such appeal, on account of the defendant's obligation. Eviction practice - Terminating the tenancy - Illinois Legal Aid ), (735 ILCS 5/9-104.2) (from Ch. "HUD" means the United States Department of Housing and Urban Development, or the Federal Housing Administration or a local housing authority administering a HUD program. In Illinois, a landlord cannot legally evict a tenant without cause. 82-280. This eviction notice gives the tenant 5 calendar days to move out without the chance to fix the issue. 82-280. reasons for a landlord to evict in Illinois. Removal of fixture. (Source: P.A. 9-110) Sec. (Source: P.A. What Is The ICPA? 9-210) Sec. Failure to inform lessor who is a child sex offender and who resides in the same building in which the lessee resides or intends to reside that the lessee is a parent or guardian of a child under 18 years of age. After the defendant is served with process or appears in the action, the judgment shall have the same force and effect as if served by summons, and the judgment may be enforced, not only against the property distrained, but also against the other property of the defendant. Duty of landlord to mitigate damages. (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. (f) This Section shall not be construed to prohibit the use or possession of cannabis, methamphetamine, 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. Get free summaries of new opinions delivered to your inbox! (735 ILCS 5/9-101) (from Ch. In Chicago, if a tenant commits a minor violation of the terms of their lease or legal responsibilities, the landlord can serve them a 10-Day Notice to Comply or Vacate. The sheriff shall post 3 copies of the notice in 3 public places in the neighborhood of the court where the cause is to be tried, at least 10 days prior to the day set for the appearance, and, if the place of residence of the defendant or unknown occupant is stated in any affidavit on file, shall at the same time mail one copy of the notice addressed to such defendant or unknown occupant at such place of residence shown in such affidavit. 84-1308. : You are hereby notified that I have elected to terminate your lease of the farm premises now occupied by you, being (here describe the premises) and you are hereby further notified to quit and deliver up possession of the same to me at the end of the lease year, the last day of such year being (here insert the last day of the lease year). The sheriff or other lawfully deputized officers shall give priority to service and execution of orders entered under this Section over other possession orders. Eviction Laws In Illinois. (Source: P.A. If such grain or other crops or any part thereof is not fully grown or matured, the landlord or his or her agent or attorney shall cause the same to be properly cultivated and harvested or gathered, and may sell and dispose of the same, and apply the proceeds, so far as may be necessary, to compensate for his or her labor and expenses, and to pay the rent. (Source: P.A. 110, par. Recent Changes to Illinois HOA and COA Laws 2023 - O'Flaherty Law 82-280. This lease termination notice allows the tenant 30 calendar days to move out. 82-280. In Illinois, if a tenant commits an illegal activity that results in a felony arrest or causes substantial destruction to the premises, the landlord can serve them a 5-Day Notice to Vacate. 80, par. 1-1-18. (b) In the case of a condominium unit, the demand is not invalidated by partial payment of amounts due if the payments do not, at the end of the notice period, total the amounts demanded in the notice for common expenses, unpaid fines, interest, late charges, reasonable attorney fees incurred prior to the initiation of any court action and costs of collection. The defendant may file a counterclaim as in other civil actions or other defense which would have been proper if the action had been for the rent, and with like effect. 9-207. When a tenant abandons or removes from the premises or any part thereof, the landlord or his or her agent or attorney may seize upon any grain or other crops grown or growing upon the premises or part thereof so abandoned, whether the rent is due or not. Growing crops. 85-907. 9-104.2. The landlord may, however, agree in writing to continue the lease in exchange for receiving partial payment. ), (735 ILCS 5/9-211) (from Ch. Upon service of the certificate on the tenant in the manner provided by Section 9-211 of this Code, the tenant shall be obligated to pay the rent under the lease arrangement to the Board of Managers as it becomes due. There is no landlord-tenant relationship. Demand for rent - eviction action. 9-103. If the tenant pays his rent to the association pursuant to the entry of such an eviction order, the unit owner may not sue said tenant for any such amounts the tenant pays the association. ), (735 ILCS 5/9-102) (from Ch. If a landlord evicts a tenant in violation of the federal Fair Housing Act or the Illinois Human Rights Act, then the tenant can use the discrimination as a defense against the eviction. ), (735 ILCS 5/9-207.5) Sec. However, if the action is brought under Article IX of this Code and is based upon a breach of a contract entered into on or after July 1, 1962 for the purchase of such premises, the court, by order, may stay the enforcement of the judgment for a period not to exceed 60 days from the date of the judgment, or if the court finds that the amount unpaid on the contract is less than 75% of the original purchase price, then the court shall stay the enforcement of the judgment for a period of 180 days from the date of the judgment. (Source: P.A. If the owner or lessor assigns the right to bring an eviction action, the assignment shall be limited to those rights and duties up to and including delivery of the order of eviction to the sheriff for execution. (e) It is an affirmative defense to a prosecution for the violation of this Section that the tenant has paid to the landlord the proceeds from the sale of the crops within 10 days after such sale. (8) When any property is subject to the provisions of.
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