Chicago Real Estate Lawyers

Adherence to process required when performing evictions

If you’re a Chicago landlord, you have a vested interest in receiving the rent you are owed and protecting your property. Unfortunately, not every tenant for whom you provide a space will work out. Some tenants have trouble keeping up with rent and may even cease paying altogether. But worse yet are tenants who damage your property and need to be removed as soon as possible.

At some point, you will likely find yourself in the position of needing to evict a troublesome tenant. But it is important to remember that tenants, even bad ones, have legal rights. As such there is a very specific process you must follow when performing an eviction.

On its website, the Cook County Sheriff’s office outlines the steps that you must take when evicting a tenant. Here is a brief summary of those steps:

  • File an order at the Sheriff’s Eviction Office, located at the Richard J. Daley Center.
  • Receive a time for the eviction to take place. Typically evictions are scheduled in the order in which they are filed.
  • Perform the eviction. Either you or an appointed representative will meet with the Sheriff’s personnel at the scheduled time.

If the eviction date falls during extreme weather, the court may issue a cancellation. Otherwise, if you fail to appear or call off the process at the eviction site, you will be charged a $30.00 fee that must be paid before you can reschedule an eviction.

While the process is fairly straightforward, actually performing an eviction can be a difficult thing to do. As such, if it is in your best interests, you may want to seek an alternative solution that provides benefits to both you and the tenant.

A Chicago eviction law attorney may be able to help you negotiate a mutual release agreement that will restore your control of the property while avoiding a formal eviction. If such a solution is not viable, the attorney can work on your behalf to help ensure a successful eviction.