The Eviction Process
Bradford Miller Law, P.C., has extensive experience representing landlords in eviction proceedings. The following is a brief overview of the eviction process. The entire process can take three months or longer, but each situation is different. To discuss your situation in a free initial consultation, contact our Chicago attorneys online.
- Proper notice is served on the tenant by the landlord or his or her agent. Typically, this is a five-day notice, which is for nonpayment of rent.
- After the five days have passed, the complaint and summons can be filed with the court (Daley Center — 6th floor). At that time, a return date will be given. This could be the first court date — depending on service of process.
- Before the first court date, the sheriff must serve the tenant with the complaint and summons to appear in court. If the sheriff is unsuccessful, a special process server will have to get appointed to serve the tenant. Another later date will then be set.
- The first court appearance occurs. This is when anything can happen. If the tenant or his or her attorney does not show up, a default judgment could be ordered on behalf of the landlord. If the landlord or his or her attorney does not show up, the case may be dismissed for want of prosecution. If the tenant or his or her attorney does show up, they could ask for a continuance or request a jury trial. Unless there is a default judgment or the case is dismissed, there will likely be another court date.
- The court process will then play itself out. This could mean anything from an agreed order (which is like a settlement agreement) to a full-blown trial. Generally speaking, both parties try to settle instead of going to a full-blown trial.
- In the end, the landlord hopes to get an order of possession, which essentially means he or she will get his or her property back — eventually. If the landlord sought money damages, he or she could also get a money judgment awarded.
- If the landlord receives an order of possession, he or she can place it with the sheriff after expiration of the “stay.” Typically, a judge will grant a stay of anywhere from one to two weeks, which is intended to give time to the tenant to move out on his or her own.
- When the order of possession is placed with the sheriff, he or she will eventually remove the tenant. However, take note that the current “backlog” at the sheriff’s office is at least three weeks.
Contact Bradford Miller Law, P.C.
To schedule a free initial consultation with an experienced Chicago real estate lawyer, contact our office online or call us toll free at 877-863-4149. Meetings can be set up for weekdays, between 8:30 a.m. and 5 p.m. We charge reasonable fees for all services.
Disclaimer: This website is for informational purposes only. It does not constitute legal advice and is not intended to create an attorney-client relationship. Please consult an attorney before acting on any information.