When I talk to landlords about the Illinois eviction process, one of their first questions is “how long”? The easy answer is as follows: long. I wish that were not the case, but it is the truth. The process is not as fast, convenient, or easy as any landlord would like it to be. I thought it might be instructive to demonstrate the timeline for a Cook County Illinois eviction using the example of a nonpaying Chicago tenant.This example assumes that the case is filed in the first district (initial court dates in the other districts are usually later than the dates provided for cases filed downtown) and assumes that the tenant’s lease does not require anything more than the service of a five day notice for nonpayment of rent.
As the timeline demonstrates, the first step is to serve the five day notice. This can be a difficult task if the tenant is evading service or hard to find. Once the notice is served, the landlord can start counting the five days. Assuming the fifth day is not a weekend or holiday, the landlord can file an eviction suit at the Daley Center on the next day. When filed, the court will give the plaintiff an initial court date usually two to three weeks into the future.
Once the suit is filed, the landlord places copies of the summons and complaint with the Sheriff of Cook County for service on the defendant. Yes – the tenant needs to be served a second time! This gives the defendant notice of the court action. If the Sheriff is successful in making timely service, then, something will happen at the initial court date.
Again, let’s assume a best case scenario. The tenant either fails to show up or there is a bench trial in front of the judge and an order for possession is entered in favor of the Plaintiff landlord. The judge will then “stay” the enforcement of that order for at least one week and possibly longer.
Once the stay period expires, the landlord can place the order for possession with the Cook County Sheriff to be executed. I have spoken at length about how long it is taking the Sheriff to go out and execute an eviction order. A few weeks back, we were hearing as long as twelve weeks. but I have recently had an eviction processed in a much shorter time frame of about eight weeks. There’s no telling how long the Sheriff will take.
As a result, right now, a Chicago eviction for nonpayment of rent with no problems or delays is estimated to take between 85 to 122 days. In a few days, I will write about all of the delays that can take that best case eviction and turn it into a difficult eviction.
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This eviction timeline was posted in August 2011, do you have an update on the current timeline, this being March 2012.
Thank you.
Other than the speed of the Sheriff to enforce the order, nothing much has materially changed.
Thank you very much for your prompt response.
Does this process include trying to evict a relative living with you whose stays under the influence of alcohol and drugs and refuses to move.
Illinois law makes no distinction between the termination of the tenancy of a relative versus a stranger. There are many different routes a property owner many choose when evicting a tenant – breach of lease terms, nonpayment of rent, termination of oral tenancy, Illinois Controlled Substance and Cannabis Nuisance Act, etc. Since you have not, at this point, engaged us to assist with your case, I can’t provide legal advice for your situation but can suggest that you should consult with an attorney to find out the best way to proceed with your situation.
I would like to know if I have been to court and the judge granted me two weeks can the landlord just have the sheriffs t
o come and evict me?
I can’t speak to your particular situation. However, in general, after an eviction trial where the Plaintiff landlord previals, an order for possession is usually entered with some period of time during which the enforcement of the order for possession is “stayed”. After the stay expires, the Plaintiff may place the order with the Sheriff who will come out to evict the defendant. (This is not legal advice)
I am a landlord. I have a case where the tenant has an atty that enterd a motion to quash. The judge ruled in the favor of the tenant because my attorney did not call the other attorney to inquire as to why the tenant (his client) had not responed to the summons. The judge acknowledged that the Sheriff tried to serve them 5 times and I posted the notices on the door, my attorney mailed it AND sent it certified mail AND sent it U.S. mail. The legal standing was due to the attorneys (my attorney and the tenant’s attorney) were invloved in another case matter and the judge found it reasonable that my attorney should have reached out ruling in the tenants favor.
Now we have to start the process all over again! How can I speed up the process this time? This tenant is 13,000 in arrears on rent! I need to get them out of my house. its killing me!!!
This is really a better question for your attorney.
That said, there is really no way to “speed up” any eviction ahead of the others being prosecuted. Every landlord on the eviction floor faces the same problems (ie. tenants being disturbed, lack of cash flow, expenses to pay, possibility of foreclosure). It is basically a cost of doing business as a landlord.
I do wish you luck though.
Hello as far as the eviction process i noticed u updated in march 2012, has anything changed as far as how long it takes for the sheriffs to come evict you after the landlord has filed order of possesion?
Here is our most recent update on the Sheriff’s timing. Of course, there is no guarantee that any particular district will be the same and your mileage may vary.
My landlord sold the build and the new landlord took over Oct 22nd 2012. November 2nd the new landlord notified all 24 tenants that Dec 31th 2012 everyone has to leave because they will be renovating the apartments and turning them into condos and raising the rent to $1100.00. What can I do it’s not enough time to find an apartment?
Needless to say, in most cases, a landlord cannot just purchase a building and give tenants 24 hours to vacate. A buyer takes subject to existing leases and tenancies. A landlord may have certain rights to terminate or raise rent contained in a lease or by law (30 day notice for month to month tenancy or 90 day notice in some cases for buyers of foreclosed properties, etc.). In addition, many municipalities, Chicago in particular, have laws that require certain notices prior to a condominium conversion and that actually may provide a tenant with a tight of first refusal to purchase a condominium unit.
I obviously have not seen your paperwork and don’t have a full knowledge of the facts. My best advice is to consult with an attorney as soon as possible.
Hi,
Thank you for taking the time to answer questions about eviction. I rented my home to a co-worker friend of mine. She has been out of a job since August. I have not received rent in 4 months now. She promises that once she gets reinstated she will pay me back and finish the lease. I am afraid she will refuse to do it when the time comes, in the meantime I am having a hard time managing my bills because of her. She is my friend and I so wish things wouldn’t have to be like this, but even the slightest effort to communicate with her have failed. She does not even want to talk to me. She says when I get the money, you will do too. Please advise me what I should do.
Would this process of eviction take a long time?
Sandra Aragon
Sandra, like a rental property, eviction actions are serious business. The topic is too broad to discuss in a blog comment, but please feel free to contact us to see if we are a match to represent you (773-399-1122). I don’t have enough information from your post to give legal advice, but it does sound like things are already breaking down and you should learn more about the process and your rights so you can make a plan about how to proceed. Evictions do, unfortunately, take a “long time”. They might not take as long as some other court actions, but they are never as fast as a landlord wants or needs!
I have entered into a sublet (we bought a house) with two other people for my old apartment. They have paid the first two months but have been late (paid late penalties on this). They are now 14 days past due but have indicated they will pay wednesday. The landlord is threatening eviction. Does he have a basis for this?
Justin, I don’t know all of your facts, but when tenants do not pay rent, a landlord can usually take steps to evict a tenant. Further, a sublandlord remains liable with the subtenants for an eviction when the subtenants fail to pay rent. Your best recourse here is to contact a tenant’s rights attorney to assist you.
I RECIEVE A 5 DAY NOTICE ON THEN 15TH OF FEB WHICH WAS DATED ON THE 11TH OF FEB DUE TO NOT PAYING RENT . NOW I FOUND A LETTER IN THE HALLWAY STATING THAT I HAVE TO PAY A FEE BEFORE I GO TO COURT THAT IS ALL IN MY LANDLORD HAND WRITTEN AND THERE IS A PARTIAL HALF OF A SEAL ON IT IS THIS LEAGEL
Rena, having not seen the notices, I can’t comment. You need to find and consult with a tenant’s rights attorney right away.
I was very late with my rent for the month of March. I received a 5 day notice and then when that expired I received an “attorneys notice” with a date that the balance must be paid in full or eviction proceedings would begin. I was unable to make payment by the date on the “attorneys notice” however I did make the full payment for the month of march. The money order I paid with is stamped 4/2/2013 on my renters website it shows it as scanned in on 4/4/2013 and then on 4/6/2013 I received a piece of paper in my mail saying that I have certified mail that has to be picked up. I’m pretty certain that it has something to do with the eviction process but I have had the chance to go pick it up. I was wondering because my payment for march has been excepted does this start the process over? I have not yet paid rent for April but I have not received a 5 day notice yet either. I’ve been late a total of 3 times now (feb, march, April) in February the notice was not given to me until the 12th and march it was given to me on the 7th. So I may be a little hasty in my concern because i know sometimes the notice is not given to me right away but I was wondering will I even get a notice for this month or can the eviction process for march still be upheld even though my payment was accepted? Thanks
Wanda, you have a complex fact pattern there and really need to consult with a tenant’s rights attorney. We deal with the landlord perspective here on this website, so I can’t assist. The possibility of losing possession of your premises is very real and serious, so I strongly urge you to consult with a tenant’s rights attorney for help at once.
My landlord was taken me to court for money I didn’t owe them each time I went to court the attorney for my landlord continue the case but this last time I went the judge told me the case was dismissed. I’m moving in two weeks will the sheriff still come and throw me out?
We do not represent tenants in eviction defenses, however, you may have rights that need to be protected, including the possession of your rental. As such, my best suggestion is to contact an attorney who handles tenant rights.