Owning a rental property might be a great business venture and a brilliant means of passive income, but that doesn't mean it doesn't come without its fair share of stress.
Renting out your property to virtual strangers is a big risk, sometimes it pays off, and sometimes you're staring down the barrel of the eviction process. This is why it's so important for landlords in Illinois to understand how to handle evictions - the process, important eviction laws, and when an eviction is actually necessary.
Check out the rest of this blog for everything you need to know about tenant eviction.
When Are Evictions Necessary?
The eviction process is more than just drafting a letter and nailing it to the front door of your rental property. It's a judicial process that requires landlords to essentially file a lawsuit to evict a tenant. You have to prove your case to a court of law in order for a tenant to vacate the premises.
Here's when an eviction might be necessary:
- Failure to pay rent - if your tenants aren't paying their rent, you have five days to give them notice to pay rent, or vacant the premises
- Violation of the lease - this could include a breach of the rental agreement, property damage, unauthorized pets, or engaging in illegal activities on your property
Other common reasons include holdover tenancy, violations of health and safety procedures and building codes, or consistently disruptive/nuisance behavior.
Important Steps in the Eviction Process
Bear in mind that the process of eviction is not always quick and seamless. In fact, it can take anywhere from several weeks or months to get your case approved by the court. It also depends on the reason you're evicting a tenant.
Here's how the process works in the state of Illinois:
- You must file a notice of eviction - this includes writing an eviction letter from landlord to tenant, served personally to them. You can either hand-deliver it to the residence or send it directly through registered mail
- Once you've served notice, you'll need to file an eviction complaint with the court. You need to wait the stipulated amount of time before filing the complaint to give your tenant a chance to make amends
- Once approved, you'll have a court hearing. During the hearing, tenants have the right to appear in court, present their own case, and defend themselves against eviction
- Once the court has heard both parties and assessed the evidence, they'll come to a decision
If you win the case as the landlord, it's important to request a writ of possession. This basically gives the sheriff's deputy authority to physically remove the tenants if they refuse to move.
Bear in mind that your tenants must vacate the property, but still have some time to remove the rest of their belongings. Make sure they are well aware of this timeframe before they vacate the premises.
Get the Help You Need With Tenant Evictions
If you're a first-time landlord, the eviction process can be daunting. It's never a nice feeling having to evict someone from their home - but most of the time, it's the best possible solution.
If you need assistance in navigating the evictions process, PMI Property Management is here to help. Not only this, but we can assist with overall property management, tenant screening, rent collection, maintenance, and more.
Learn more about our eviction management process and how we can support you during this time.
