5 Steps On How To Evict Troubled Tenants In Chicago
Whether you’re a professional landlord or property manager in Chicago, or you simply own a few properties you rent out, there may come a time when you have to evict a tenant. It’s a deeply unpleasant process, but there may be no way around it. Troubled tenants are such a hassle.
In this article, we will go over 5 steps on how to evict troubled tenants (Chicago). You’ll get an overview of the process, and your responsibilities as a landlord. Let’s get started.
1. Determine Grounds For Eviction And Send An Official Letter
Firstly, you’ll need to determine if you have lawful reasons for eviction. In Illinois, if a tenant does not pay rent within 5 days of when it is due, this is reasonable grounds for eviction.
The violation of the lease agreement, such as too many residents living in one property, or illegal activities taking place is also enough to issue an eviction notice. The same is true if a tenant refuses to vacate the premises following their lease expiration.
Consult with local regulations in Illinois and Chicago. You should also document lease violations if possible, and log any letters or notices that you have previously sent to your tenant, warning them of their violation.
Finally, send an official letter to your tenant. Remind them of their lease agreement, and the steps you can take to evict them if they break it, as well as steps they can take to remedy the problem. This may be enough for them to pay their rent, or remedy the situation that is breaking their lease terms.
2. Draft A Notice Of Eviction, Deliver It, Sign An Affidavit Of Service
You must follow a specific process under Illinois law to evict a tenant. First, you must send an official eviction notice that describes the premises (location, address, unit # of property) and demands that the resident immediately pays the rent that is past due at the time of the notice, or stops violating the lease.
There are 3 different types of eviction notice.
- A 5-day notice of eviction is only allowed for failure to pay rent.
- A 10-day notice of eviction can be issued to tenants who violate lease terms through pets that are not authorized, or conducting illegal activities.
- A 30-day notice of eviction can be used to terminate an oral or month-to-month lease for any (or no) reason.
3.Deliver Your Notice, And Sign An Affidavit Of Service
It’s not enough to simply drop the notice in the mail. You have to “deliver” the notice to the tenant. To legally evict your tenant, you must deliver the notice in one of the following ways:
- Hand-delivering the notice to the tenant, or a resident who is at least 13 years old
- Leaving the notice on the ground in front of the tenant/property if they refuse acceptance of your notice
- Sending the notice via certified USPS mail with a return receipt
- Posting the notice on the rental unit’s door if nobody responds, or appears to be living at the property.
Finally, go to your local court to complete an affidavit of service. This is a legal document that states you have officially delivered notice to your resident. Proceedings may vary somewhat based on your county of residence – check with a court clerk.
4. File A Complaint If The Tenant Does Not Vacate Properly
If you have sent notice, and the tenant has not vacated the property by the time stated, you can file a complaint with the county clerk’s office, in the county where your rental unit is located.
There will be a filing fee for this complaint. After filing, you will be given both a copy of the complaint and a summons with a court date. You and the tenant both must attend this court date.
Then, take the summons to the local Sheriff’s office. They are responsible for delivering the summons to the tenant.
5. Go To Court On The Date Mentioned In The Summons
Bring all relevant documentation regarding your case. This includes a copy of any official letters or requests sent to a tenant, a copy of the notice of eviction, your affidavit of service, complaint, summons, and witnesses or evidence required for your case.
You and the tenant will each explain your case to the judge, who will issue a decision after he has heard both sides of the situation.
If you win the case, the tenant usually has 2-3 weeks to vacate the property, or face potential fines and jail time. If the tenant wins, they may win the right to use the property until the end of their lease term.
Cash Sales – The Best Way To Get Rid Of A Rental Property In Chicago
If you have recently evicted a tenant, and do not want to keep renting a property in Chicago, you may wonder what the best way is to get rid of your property. Selling it on the traditional real estate market may take a while – and require you to invest even more money repairing and renovating the unit.
So don’t bother! The best way to get rid of a rental property in Chicago is with a sale to a cash home buyer. Cash home buyers buy properties of all kinds, and pay in cash. There are no closing costs, there is no long waiting period, and you can sell within just a few days of getting an offer.
You may even be able to sell the property while it still has residents, as long as the lease allows them to keep living there. Then, you won’t have to worry about evictions at all!
Follow This Guide – Make Evictions Easier In Chicago!
Evicting tenants is never pleasant, and the process will likely be confusing and stressful. But with this basic guide, you should have a better understanding of what to expect, and the first steps you’ll need to take to evict a troubled tenant in Chicago.
Max Cash Home Offers offers instant cash offers on houses nationwide. We do not provide legal or financial advice. For information on foreclosure, eviction or any other legal situation make sure you contact a local attorney.
Author: Ryan Cruz
Ryan received his Bachelors of Science in Business Administration from the University of La Verne. Ryan has a strong passion for marketing and the real estate industry while leading and managing all online marketing efforts for Max Cash Home Offers.