- Proper notice is served to the tenant by the landlord or his or her agent. Typically, this is a five-day notice, which is for nonpayment of rent.
- After the five days have passed, the complaint and summons is filed with the court.
- Before the first court date, the sheriff must serve the tenant with the complaint and summons to appear in court. If the sheriff is unsuccessful, a special process server will have to get appointed to serve the tenant.
- The first court appearance occurs. This is when anything can happen. Unless there is a default judgment or the case is dismissed, there will likely be another court date.
- The court process will then play itself out. This could mean anything from an agreed order (which is like a settlement agreement) to a full-blown trial. Generally speaking, both parties try to settle instead of going to trial.
In the end, the landlord hopes to get an order of possession to get the property back. If the landlord sought money damages, he or she may also get a money judgment awarded. If the landlord receives an order of possession, he or she can place it with the sheriff after expiration of the "stay" to remove the tenant from the premises. Typically, a judge will grant a stay of anywhere from one to two weeks, which is intended to give time to the tenant to move out on his or her own.
Visit www.bradfordmillerlaw.com to review a more detailed overview of the eviction process and to find additional helpful information for landlords. Bradford Miller Law can help you with any tenant problem. Being a landlord firm, located in downtown Chicago, we have been helping clients handle many situations including evictions. If you are having a landlord tenant dispute, contact me at 312-238-9298 for a free 15-minute consultation.
Posted by Bradford Miller Law, P.C.
Practicing in Real Estate Law, Landlord Tenant Law and Estate Planning
134 N. LaSalle Street, Suite 1040
Chicago, Il 60602
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