How to Evict a Nonpaying Tenant in Illinois
- 1). Serve your tenant with a five-day, written notice after the rent has become late. This notifies the tenant you will proceed with the eviction process if he doesn't pay the late rent within five days. Certified mail is the best way to deliver the notice, since the tenant must sign upon receipt. Factor in mailing time when calculating the five-day period, allowing at least two days for mail delivery.
- 2). Complete an Affidavit of Service after serving the five-day notice and have it notarized. The affidavit is a legal document swearing you have given your nonpaying tenant the notice.
- 3). Wait five days to see if the tenant has paid the late rent. If not, you can proceed with filing a case in the district court where the rental property is located, requesting eviction of your tenant. File the case by completing four copies of the Eviction Complaint and Summons, available through the court or the Illinois Legal Aid website, and turning in two copies to the county clerk.
- 4). Take one copy of the eviction complaint to the sheriff's office and ask the office to serve the paperwork to the tenant.
- 5). Arrive at your court date promptly. Bring a copy of the lease agreement, any evidence or witnesses supporting your claim of nonpayment, a copy of the five-day notice, the Affidavit of Service, and the Eviction Complaint and Summons. If you win the case, the tenant will have about 14 days to move out and must typically pay any damages you requested, plus filing or attorney fees.
- 6). Access the property only after the time allowed by the judge for the tenant to move out has expired or you are sure the tenant has moved. If the tenant hasn't left, ask the sheriff's office to evict him.