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Chicago Property Managers on the Process of Evicting a Tenant

System - Sunday, October 12, 2014

Evicting a tenant can be a tricky predicament. There is a strict process that Chicago landlords and Chicago property managers must follow and a step out of line could be costly and add time to the eviction proceedings. Additionally, tenants must be evicted with just cause, meaning managers cannot simply evict a tenant for any reason.

First Steps: The first step in the eviction process is to provide notice for termination with cause. There are three types of notice for termination with cause: pay rent or quit notices, cure or quit notices, and unconditional quit notices. Pay rent or quit notices simply state that if the tenants do not start paying rent within a specified period of time they will have to quit or leave the property. Cure or quit notices mean the tenant must rectify some sort of lease violation such as violating a clause in the lease calling for no pets or they must move out within a specified period of time. An unconditional quit notice means the tenant must move out within a specified period of time. In most cases, an unconditional quit notice means the tenant must have repeatedly violated an important rental agreement clause, has been late on rent on multiple occasions, seriously damaged the property, or the tenant must have been engaged in illegal activity, such as drug dealing at the property. The typical amount of time for each of these notices is 30 days.

Give Notice: Once the tenant is given notice, the tenant either has to follow through on the necessary steps to rectify the issue or face eviction if they do not move out. Once the tenant has violated the terms of the notice, they can be turned over to an eviction attorney and a lawsuit must be filed. The attorney can set up a court date and time to take the tenant to court. If the tenant shows up in court, they can themselves in court against the eviction which could time to the eviction proceedings. If the judge decides in your favor, the judge will set a time frame for the tenant to move out or they will be physically removed.

Court Ordered Move Out: If the tenant violates the court ordered move out, then property managers must contact a low enforcement official (typically a sheriff or marshal) and get them to physically remove the tenant from the unit. This is typically an additional cost, but the only way to legally evict the tenant. The tenant’s belongings must be held in certain cases for approximately 7 days before being disposed off or sold off.

The eviction process can be a very time consuming and expensive process, therefore have a good property management company thoroughly screen each applicant is very important to try and avoid evictions. For more information on property management services offered by Letts Property Management or the eviction process in Illinois, contact us today.


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