IN THE STATE OF ILLINOIS, How many days does it take to go throught the legal process of eviction?

Question

Due to inability to find work I had to miss a rent payment for the month of May. I still have been unable to find employment, but have managed to pay rent for June and July. My lease is Up August 15th but my Landlord is threatening with an eviction over May's rent only....
Is there anyway, I can be evicted and thrown out by the time my lease is up in the middle of August?

Please stick to the question and don't reply with ask someone for a loan or anything like that....

O...Forgot to mention...So gone come August 15th. Found a new place

Answer 1

Actually it's the July rent that's unpaid. Not that that matters much.

In most jurisdictions it takes about 25 - 60 days to get an eviction for non-payment. Here's an ESTIMATED time-line:

Notice to Pay or Quit: 3 days
Time to file: 1 - 2 days
Serve notice on tenant: 2 - 3 days
Response from tenant: 5 - 7 days
Get on docket for trial: 5 - 15 days
Trial: 1 day
Receive paperwork from court: 1 - 2 days
File with sheriff: 1 - 2 days
Serve order on tenant: 1 - 2 days
Delay until execution by sheriff: 5 - 15 days.

If your lease ending date is 15 August then it could be pretty close.

Tip: In most jurisdictions, once the process is started, if the landlord accepts ANY payment from you it stops the process and the LL must re-file. Many LLs don't know that and may accept partial payments and therefore derail the process themselves.

Answer 2

At this stage, I would start looking for different housing. If your landlord is already threatening an eviction over May's rent, don't expect your lease to be renewed come August 15.

I'd venture you will be 'evicted' at that time simply because you no longer have a lease agreement. The speed of eviction is not based upon anything statewide, but on the local court system for the county in which you reside. Some courts have implemented 'fast track' evictions for landlords because of the time frame/money relationship, and others follow the standard court processing procedures.

Answer 3

Unfortunately, landlords and tenants cannot always come to an amicable resolution of their disputes. As such, landlords may evict tenants for various reasons including, nonpayment of rent, violations of lease terms, or for the improper possession of property after a tenancy has terminated.

Eviction actions are strictly governed by the Forcible Entry and Detainer Act (735 ILCS 5/9-101). This law was enacted in response to legislators' perception that landlords have engaged in unfair (and sometimes illegal) eviction practices. The law attempts to provide a fair and workable system for both tenants and landlords. As such, the provisions of the act must be strictly and expressly complied with to ensure a successful and legal eviction. Many complexities exist in this field of law and a landlord is faced with questions such as: "where should I file the lawsuit?"; "when is it legal to file the lawsuit?"; "what should I include in the complaint?"; "what kind of damages can I request, if any?"; "what if the tenant defends against the action?"; and "how is an order of possession enforced?".

The main goal in an eviction action is to obtain an "Order for Possession" from the Court. This order grants a landlord the right to retake possession of his property and may also include a judgment for rent due. In most cases, and especially when a tenant has small children, a Judge will grant a "stay of Enforcement" of the Order for Possession so that the tenant has some time to find a new residence. Once the stay expires, a landlord may direct the sheriff's department to forcibly remove the tenant from the premises.

Although our firm does not accept tenant eviction defense cases, we believe that significant abuses can and do also occur on the landlord side of these disputes. If you are a tenant in need of advice, you may be able toobtain assistance from the Center for Renter's Rights or the Chicago Metropolitan Tenant Organization.

Even an action which follows the letter of the law may be a lengthy, but necessary endeavor. In most cases, depending upon the circumstances of the case, a notice, with strict time and form requirements, of anywhere from 5 to 30 days must be issued and served on a tenant before a complaint may be filed. Usually, this first notice is served by the landlord personally. Upon filing the complaint, it usually takes between two to three weeks before the initial court hearing. During that time, tenants must be served personally or constructively by the Sheriff's office with a copy of the summons and complaint filed in the case. If the sheriff cannot serve the summons in time, the initial hearing date must be delayed until proper notice is given, usually by a special process server. The Illinois courts have ruled that making on attempt with the Sheriff is not enough of a good faith attempt to serve the tenant before filing a posting notice. As such, the procedure after failing to obtain service via the Sheriff is generally to hir a special process server. Assuming the case is uncontested and all documentation and notices have been prepared and presented correctly, a Judge will usually enter an "Order for Possession" and then "stay" or postpone the enforcement of the "Order for Possession" anywhere from one to three weeks, depending upon the facts of the case. If the tenant files an answer and contests the case, a trial may be required and may be delayed even further if a jury is requested. If the tenant has not moved out by the end of the "stay", the Police Department of the county in which the property is located will come out and forcibly remove the unlawful tenant. As the Sheriff's Office is usually backlogged, this may take anywhere from two to three weeks. The entire process can take as long as four months, longer in the case of a trial. The law, however, provides little else in the way of legally ejecting a tenant. As such, the length of the eviction process is frustrating, however, knowing a general frame of time before beginning the process can sometimes ease a landlord's anxiety and expectations.

Good luck,
D
www.stockmysite.com

Answer 4

Here get the facts for Illinois not what some other jurisdiction might require
LANDLORD TENANT ACT: http://www.ilga.gov/legislation/ilcs/ilcs2.asp?ChapterID=62
Eviction information booklet: http://www.tenantunion.uiuc.edu/hb25.html
If you need to do more specific research on Illiniois go to http://www.realestateformnm.com/researchindividual.aspx
Best of luck on your research.