The Illinois Forcible Entry and Detainer Act, 735 ILCS 5/9-101, governs the eviction process in Illinois, affecting landlords and tenants. This statute applies to all rental properties in the state.
As of January 1, 2020, the statute requires a $100 filing fee for eviction complaints.
Eviction Notice Requirements
The Illinois Forcible Entry and Detainer Act, specifically 735 ILCS 5/9-104, requires that landlords provide tenants with a 5-day notice to quit before filing an eviction lawsuit. This notice must be in writing and state the reason for the eviction. In practice, this means that landlords must carefully draft the notice to comply with the statute.
Tenants who receive a 5-day notice to quit may be able to avoid eviction by paying any outstanding rent within the 5-day period, as provided in 735 ILCS 5/9-104.1. The court may also consider the tenant‘s payment history and other factors when determining whether to grant an eviction.
The statute also requires that landlords provide tenants with a 30-day notice to terminate a month-to-month tenancy, as stated in 735 ILCS 5/9-207. This notice must be in writing and state the date on which the tenancy will terminate.
Eviction Procedure
Filing the Complaint
The court with jurisdiction over eviction cases in Illinois is the circuit court, as provided in 735 ILCS 5/2-101. To initiate an eviction case, a landlord must file a complaint with the court, which must include a copy of the lease agreement and any notices served on the tenant. The filing fee for an eviction complaint is $281, as stated in 705 ILCS 105/27.2.
In plain terms, the landlord must provide the court with all necessary documentation to support the eviction claim. The court will then review the complaint and schedule a hearing, which must be held within 14 days of the complaint being filed, as required by 735 ILCS 5/9-111.
Eviction Defenses
Tenants who are facing eviction may have several defenses available to them, including the claim that the landlord failed to maintain the rental property in a habitable condition, as provided in 765 ILCS 705/1. This defense may be based on the Illinois Residential Landlord and Tenant Act, which requires landlords to maintain the property in a safe and habitable condition.
The court may also consider the landlord’s compliance with the Illinois Security Deposit Return Act, 765 ILCS 710, which requires landlords to return security deposits to tenants within 45 days of the tenant moving out. Tenants who can show that the landlord failed to comply with this statute may be able to avoid eviction.
Penalties and Consequences
Landlords who are found to have unlawfully evicted a tenant may be liable for damages, including actual damages and punitive damages, as provided in 735 ILCS 5/9-115. The court may also award the tenant reasonable attorney’s fees and costs.
In addition to civil penalties, landlords who engage in unlawful eviction practices may also face criminal charges, including disorderly conduct, as provided in 720 ILCS 5/26-1. This is a Class C misdemeanor, punishable by up to 30 days in jail and a fine of up to $1,500.
Comparison to Other States
Illinois’ eviction laws are similar to those in other states, such as California and New York. For example, California requires a 3-day notice to quit, as stated in Cal. Code Civ. Proc. § 1161, while New York requires a 14-day notice, as stated in N.Y. Real Prop. Acts. § 711. However, the specific requirements and procedures for eviction vary from state to state.
In comparison to other states, Illinois has a relatively short timeframe for eviction proceedings, with a hearing typically scheduled within 14 days of the complaint being filed. This is faster than in some other states, such as Texas, where the hearing may not be scheduled for several months, as stated in Tex. Prop. Code § 24.005.
Practical Steps
Tenants who are facing eviction should seek legal assistance as soon as possible, as the eviction process can move quickly. The Illinois Legal Aid Online website provides resources and information for tenants, including a 30-day notice to terminate a month-to-month tenancy template. In practice, this means that tenants should act quickly to respond to an eviction notice.
The court may also appoint a mediator to help the parties reach a settlement, as provided in 710 ILCS 35/1. This can be a useful way for landlords and tenants to resolve disputes without going to trial. The mediation process typically takes place within 30 days of the complaint being filed.
Recent Changes
In 2020, the Illinois legislature passed Senate Bill 1844, which made several changes to the state’s eviction laws, including extending the timeframe for tenants to respond to an eviction notice from 5 days to 10 days, as stated in 735 ILCS 5/9-104. The bill also increased the filing fee for eviction complaints from $200 to $281.
The court is currently in the process of implementing these changes, which are expected to take effect on January 1, 2023. In the meantime, landlords and tenants should be aware of the current laws and procedures in place, as well as any upcoming changes that may affect their rights and obligations.
- U.S. Department of Housing and Urban Development. tenant rights and fair housing
- Consumer Financial Protection Bureau. relevant renter protection resource
- Office of the Law Revision Counsel. relevant federal housing statute
