Eviction Procedures & the Landlord's Responsibilities in Illinois
The Illinois Landlord and Tenant Act requires landlords to follow the Illinois Code of Civil Procedure of Chapter 735 of the Illinois Compiled Statutes. Article 9 of Chapter 735 establishes the legal procedures that landlords must follow when forcibly evicting their tenants for failing to pay rent, breaching their lease or damaging their property. Landlords are required to provide their tenants with a five-day or seven-day notice before seeking a forceful eviction for unlawfully holding over their units.
Illinois Landlord and Tenant Act
The Illinois Landlord and Tenant Act requires landlords to provide their tenants with at least five-or 10-day notices before terminating them, except for unlawful holdover tenants. The act does not require that landlords provide notice to their tenants before evicting them if they are illegally holding over their apartments. Illegal holdovers occur when tenants' leases have ended and they have not renewed them.
Nonpayment of Rent
When tenants fail to pay rent, landlords can seek a forceful eviction if they provide their tenants with an opportunity to pay their delinquent rental payments. Landlords must give their tenants at least a five-day written demand notice to pay rent or quit. If a landlord collects or accepts rent, he cannot proceed with a legal eviction. Under Illinois law, a landlord's acceptance of a rental payment, even a partial payment, is tantamount to a waiver of his right to proceed with eviction. Similarly, Illinois law does not require landlords to accept partial rental payments from their delinquent tenants. If a tenants pays her entire delinquency within five days, her landlord may not evict her.
Eviction for Contractual Breach
Landlords can terminate their tenants for other contractual breaches other than for nonpayment of rent. To terminate a lease for any other reason, a landlord must provide his tenant with at least 10 days of written notice before proceeding with a formal eviction. Tenants have 10 days to correct their lease violations, and if they correct them within 10 days, their landlords cannot evict them.
Actual Notice Requirements
Landlords are required to provide their tenants with actual notice before proceeding with eviction. Actual notice requires that a landlord physically deliver his demand notice to his tenant or leave it with someone at the tenant's residence who is 13 or older. However, a landlord can also mail his notice by registered mail or can physically post his demand notice on the tenant's door.
Consequences
If tenants do not cure their past-due rental delinquencies or cure their breached leases within the allotted time, landlords can begin legal eviction proceedings and schedule a court date for an eviction hearing.
Illinois law places a duty upon landlords to mitigate their damages after they evict their tenants. Landlords may have to accept their tenants' proposed sublease agreements or may have to place ads in local newspapers to find new tenants to occupy their vacant apartments.
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