House & Apartment

No, a housing provider who tries to force a person out is breaking the law. In Illinois, only the sheriff A county officer who can serve people with summons. They can evict someone with a court order. can perform evictions. This is true even after a judge enters an eviction A court case brought by a landlord to get a tenant to move out order. The landlord An owner of property who rents it out to a tenant cannot remove the person. The landlord must schedule the eviction with the sheriff's office and wait for the sheriff to carry out the eviction order.

It is illegal at all times for a landlord to force a person out by:

• Preventing a person from accessing their unit or room, or
• Making the person’s living space unsafe or unlivable.

Learn more in Lockouts and emergency rental repairs.

Lockouts are prohibited even if a person:

• Falls behind on rent payments (learn more in Dealing with unpaid rent),
• Breaks a rule in the lease or engages in criminal activity (learn more in Addressing lease violations), or
• Overstays a lease that has ended and was not renewed (learn about Ending a lease).

If a person is staying in property without any permission at all, either from the property owner or a person allowed to live there, they are considered a squatter. Law enforcement officers may agree to enforce Taking legal steps to make someone do what the court tells them to do criminal trespassing Unlawful entry or attempted entry of the property of another laws against squatters. The property owner must prove ownership for this to happen. Only the law enforcement officers can remove the person.

In shared households, eviction is not the only way to remove a person whose behavior raises safety concerns. Other household members may seek an Order of Protection, which can grant exclusive possession of the home. If the landlord shares living space with the person causing harm, such as a shared kitchen, this protection may be available.

For help with unsafe shared living situations, including roommates, romantic partners, and adult family members, contact:

• The Illinois Domestic Violence Hotline at (877) 863-6338, or
• The National Domestic Violence Hotline at (800) 799-7233.

A residential eviction case can last from a few weeks to many months. The main parts of an eviction case are:

1. Before a case is filed: In many situations, the landlord An owner of property who rents it out to a tenant must serve Giving court documents to someone a written eviction notice and wait the required period before filing the case.
2. Starting an eviction case: Housing providers file eviction papers with the circuit court The lowest level of court in Illinois clerk in the county where the property is located.
3. Service of court papers: The people the landlord is trying to evict must be served with the court papers before the case can move forward.
4. Attending eviction court: The judge will hold at least one court hearing When the parties in a case present their sides of a case to a judge or other officer to determine the status of the eviction case. How soon a judge is available for the first court date varies by county. Eviction cases usually require attending multiple court dates. Hearings may be held by video call or in person.
5. Asking the judge to order relief: The parties can ask the judge to enter orders:
   • Dismissing the case, such as when a tenant A person who rents a space points out legal problems with a written eviction notice,
   • Referring the case to mediation When a neutral person, called a mediator, works to help the parties in a case reach an agreement or court-based rental assistance,
   • Continuing the case to another court date,
   • Reflecting an agreement between the parties,
   • Granting the tenant the right to stay in the unit,
   • Awarding part or all of the landlord's request for money,
   • Allowing the sheriff A county officer who can serve people with summons. They can evict someone with a court order. to evict the tenant if they do not move by a certain date,
   • Sealing the court case record,
   • In limited circumstances, making one party A person or business involved in a court case in a role like plaintiff, petitioner, defendant, respondent, or intervenor. pay the other party's attorney's fees Money paid to a lawyer for their work and court costs, The fees for going to court, including filing, serving, and getting transcripts and
   • Ruling on other issues raised by the parties.
6. If the judge orders eviction: If the judge enters an order allowing the sheriff to evict the tenant, the property owner must schedule the eviction with the sheriff's office. Only the sheriff can evict a tenant.
7. If the judge grants the landlord a money judgment: An official decision by a court that ends the dispute between parties The tenant does not have to pay immediately. The landlord must follow the collection process, which involves additional steps.
8. Sealing the court file: Many eviction cases can be sealed. This may happen along with other steps in the case, or much later. Learn more about sealing an eviction case.

The big picture outcomes of an eviction A court case brought by a landlord to get a tenant to move out case can be:

• Dismissal,
• “Pay and stay,” where the defendant The person or organization being sued in a lawsuit is allowed to stay in the unit and agrees to pay unpaid balances as well as regular rent when due,
• Agreed move-outs, where the defendant agrees to move out and may also pay unpaid balances,
• Judgment An official decision by a court that ends the dispute between parties for the tenant, A person who rents a space which means the case ends, and the tenant can stay in the unit without paying additional money,
• A money judgment, which allows the landlord An owner of property who rents it out to a tenant to collect a specific amount of money from the defendant,
• An eviction order, which allows the sheriff A county officer who can serve people with summons. They can evict someone with a court order. to evict the person if they have not moved out by a certain date, and
• Sealing When a criminal record is hidden from most of the general public, but not law enforcement the court file.

Even if a judge enters an eviction order, only the sheriff can carry it out. The landlord must schedule the eviction with the sheriff's office. It is illegal for the landlord to try to remove a person. Learn more in Lockouts and emergency rental repairs.

A person can be forced to move out in an eviction case due to:

• Not paying rent on time (learn more in Dealing with unpaid rent),
• Lease violations and criminal activity (learn more in Addressing lease violations),
• Overstaying the end of a lease that was not renewed (learn about Ending a lease), or
• Lacking permission to live in the property at all, such as a squatter who law enforcement officers decline to remove without a court order.

Serving a written eviction notice before filing an eviction case is required, except for certain written leases outside Cook County. Learn more in Written eviction notices.

Evictions must be done by the sheriff. A county officer who can serve people with summons. They can evict someone with a court order. This is true even after a judge enters an eviction order. The landlord An owner of property who rents it out to a tenant must schedule the eviction with the sheriff's office and wait for the sheriff to carry out the eviction order. It is illegal for a landlord to force a person out. Learn more in Lockouts and emergency rental repairs.

No, when a person's behavior raises safety concerns in a shared living situation, other household members can seek an Order of Protection:

• Emergency orders may be available to limit escalating danger,
• Judges can grant exclusive possession of the home in an Order of Protection, and
• Orders of Protection can include specific conditions that limit contact or require safeguards within the home.

Learn about Starting a case to get a domestic violence Order of Protection.

Leaving an unsafe shared living situation before a lease ends may be another option. Learn more about Housing protections for survivors of domestic violence, dating violence, stalking, and sexual assault.

For help with unsafe shared living situations, including roommates, romantic partners, and adult Any person 18 years old or over family members, contact:

• The Illinois Domestic Violence Hotline at (877) 863-6338, or
• The National Domestic Violence Hotline at (800) 799-7233.

Yes, eviction case hearings and trials are normally public. The county circuit clerk’s The office that takes care of files and documents for circuit court cases office maintains records of eviction cases. Ask the circuit clerk's office how to attend. 

Eviction case files can be sealed by a judge's order. This means the files are no longer publicly accessible. The parties can ask the judge to seal the eviction case file at any time a final order is entered. This includes:

• The landlord can ask the judge to dismiss the case and seal the file at any time,
• A defendant who points out a problem with the case that requires dismissal can ask the judge to seal the case when the case is dismissed,
• The parties can ask the judge to seal the file as part of an agreed order,
• Either or both parties can ask the judge to seal the file after an eviction order, and
• Either or both parties can ask the judge to seal the file after a money judgment has been resolved.

Sealing When a criminal record is hidden from most of the general public, but not law enforcement is required when a defendant is a minor. An eviction case must be dismissed and sealed immediately if it names:

• A person who is a minor (under 18) at the time of filing, or
• A person who is a minor at the time the lease agreement started.

If the case is already over, learn how to ask a judge to remove an eviction from the public record.

Illinois has two types of residential eviction A court case brought by a landlord to get a tenant to move out cases:

• Possession, which means whether a defendant The person or organization being sued in a lawsuit can keep living in the unit, and
• For money and possession, also called a joint action.

Eviction cases for possession are only about whether a person must move. The judge does not enter an order awarding the landlord An owner of property who rents it out to a tenant the right to collect money. Filing fees for eviction cases where the housing provider only asks the judge to decide possession are lower.

In joint action eviction cases, the housing provider asks the judge to enter an order granting them:

• Possession of the unit, and
• A money judgment An official decision by a court that ends the dispute between parties that gives the landlord the right to collect a specific amount of unpaid rent and other charges.

If the judge enters a money judgment, the tenant A person who rents a space does not have to pay immediately. The landlord must follow the collection process, which involves additional steps. 

Tenants who are evicted for unpaid rent may be in a collection-proof financial status. This means that even if the judge awards the landlord a money judgment order, the landlord will not get paid.

In an eviction A court case brought by a landlord to get a tenant to move out case, the housing provider is the plaintiff. A person or party that starts a lawsuit The people at risk of eviction are the defendants.

There are two types of eviction defendants:

• Named defendants, and
• Unknown Occupants.

A named defendant The person or organization being sued in a lawsuit in an eviction case is:

• An adult, Any person 18 years old or over
• Living in the landlord's An owner of property who rents it out to a tenant property, and
• Whose name the housing provider knows.

Eviction defendants may be tenants, subtenants, or other occupants. A landlord must name all defendants whose names they know. Do not name children as defendants.

Unknown Occupants are a special type of defendant in eviction cases. The judge can enter an order allowing the sheriff A county officer who can serve people with summons. They can evict someone with a court order. to evict anyone in the unit if Unknown Occupants are:

• Given notice,
• Listed as a defendant, and
• Served with the court papers.

Unknown Occupants can be the only defendant. Unknown Occupants can also be listed when a defendant is named.

No, children cannot be named as defendants in eviction A court case brought by a landlord to get a tenant to move out cases. An eviction case must be dismissed and sealed immediately if it names:

• A person who is a minor A person under 18 years old (under 18) at the time of filing, or
• A person who is a minor at the time the lease agreement started.

A child named as an eviction defendant The person or organization being sued in a lawsuit can sue the plaintiff A person or party that starts a lawsuit for $1,000, money damages for harm, and attorney’s fees.

If the landlord An owner of property who rents it out to a tenant then refiles the case against an adult Any person 18 years old or over defendant, they must pay a new filing fee Fee charged for filing court documents or get a new fee waiver. A document that lets someone file court papers for free or at a reduced cost.

The legal issues in eviction A court case brought by a landlord to get a tenant to move out cases are whether:

• A defendant The person or organization being sued in a lawsuit must move out, and if so, when,
• A defendant owes money for overdue rent and related charges like utilities, and if so, how much,
• The case file will be sealed, and
• A party A person or business involved in a court case in a role like plaintiff, petitioner, defendant, respondent, or intervenor. represented by a licensed Illinois lawyer Someone who represents clients in courts or who gives legal advice can collect attorney's fees Money paid to a lawyer for their work and court costs The fees for going to court, including filing, serving, and getting transcripts from the other party.

Eviction cases do not cover:

• Money for emotional or physical injuries,
• Making a person pay for or repair property damage, or
• Decisions about a person's character.

Eviction A court case brought by a landlord to get a tenant to move out cases can be tried before a judge or a jury. Both parties have the right to request a jury trial. A trial decided by a judge and a jury This request usually has to be made very early in the case:

• When the housing provider files the eviction complaint, A written statement to start a lawsuit that says what the defendant did or
• When the defendant The person or organization being sued in a lawsuit responds to the case with a filed appearance. A form that lets the plaintiff and the court know the defendant is participating in the case. It can also be when a person shows up to their court hearing.

 If neither party A person or business involved in a court case in a role like plaintiff, petitioner, defendant, respondent, or intervenor. asks for a jury, a judge will hear Listen to and judge a case the evidence Anything used to show that something is true and make findings of fact.

No, eviction A court case brought by a landlord to get a tenant to move out cases require:

• A defendant The person or organization being sued in a lawsuit who is living in the housing provider's property when the case is filed, or
• A situation where it is unclear whether the defendant has moved out with no plans to return, such as a person in a medical facility or jail.

If a tenant A person who rents a space has already moved out and owes money, a property owner can sue them in:

• Small claims court, if the amount at issue is under $10,000, or
• Civil court A court where people or businesses bring problems in front of a judge. Civil courts are different from criminal courts, where a defendant is accused of a crime by the state. if the amount exceeds $10,000.

Each named defendant The person or organization being sued in a lawsuit or Unknown Occupant must decide how to respond to the eviction case. They may:

• Do nothing and risk entry of a default judgment When a person loses a case because they don't file an appearance or show up in court against them,
• Ask the landlord An owner of property who rents it out to a tenant or file a paper asking to reschedule the court date (our Motion to continue or extend time Easy Form can help with writing a request),
• Show up to the first court date,
• Point out problems that require the case to be dismissed Cases dismissed with no further action anticipated. (our Motion Easy Form helps with drafting a motion to dismiss),
• File a written appearance A form that lets the plaintiff and the court know the defendant is participating in the case. It can also be when a person shows up to their court hearing. and assert defenses (our Respond to an eviction Easy Form helps prepare these papers),
• Apply for court-based rental assistance,
• In some unpaid rent cases, use pay and stay protections,
• Work to resolve the issue with the landlord by agreement, or
• Prepare for a trial. When the issues of a case are heard in court and decided by a judge or jury

To file court papers, such as an answer A written statement used to respond to the complaint or petition in a lawsuit and affirmative defenses, each defendant must pay a filing fee Fee charged for filing court documents or submit a fee waiver application.

Yes, a landlord An owner of property who rents it out to a tenant can get an eviction order against a defendant The person or organization being sued in a lawsuit who does not participate in an eviction case after being served with the court papers. A defendant must show up to court:

• On the scheduled court date,
• At the hearing When the parties in a case present their sides of a case to a judge or other officer time, and
• By the method set by the judge (video call or in person).

Defendants may be able to reschedule the court date by filing a written motion to continue or by asking for a continuance. When the judge gives additional preparation time before or during a trial Our Motion to continue or extend time Easy Form can help prepare a written motion. However, the judge may deny To refuse or say no the request. 

A housing provider can ask a judge to enter a default judgment in an eviction case when the defendant has been served with the court papers and does not attend court. This means the landlord automatically wins the case. A default judgment can happen if the landlord:

• Followed all written eviction notice requirements, including service and waiting the right amount of time,
• Filled out the eviction case papers correctly,
• Can prove the court papers were served on the defendant,
• Did not agree with the defendant to continue the hearing to another date, and
• Complies with all legal standards for granting the eviction.

The judge may give the tenant A person who rents a space more than one opportunity to show up to court before holding them in default.

After a default judgment has been entered, a defendant can ask a judge to vacate the decision. Learn more about Vacating a default judgment. 

Yes, many eviction cases are resolved by agreement. The Illinois Supreme Court provides forms that parties can use to settle eviction cases by agreement. These forms help with writing down the types of agreements people often reach in an eviction case. Use these forms when the tenant: A person who rents a space

• Does not owe money to the landlord, An owner of property who rents it out to a tenant
• Owes a specific amount of money to the landlord,
• Will pay a specific amount of money to the landlord according to a payment plan,
• Will stay in the unit, or
• Will move out of the unit.

These orders also allow the parties to ask the judge to seal the case as part of their agreement. Learn more about agreeing to end an eviction case and sealing an eviction case.

Some Illinois courts also have programs that connect people with mediators to help work out an agreement. Mediators are trained in methods to encourage communication between the parties. They do not take sides and cannot decide the case like a judge.

Yes, at least temporarily. If an eviction A court case brought by a landlord to get a tenant to move out defendant The person or organization being sued in a lawsuit files for bankruptcy, an automatic stay takes effect immediately. All parties in the eviction case who know about the bankruptcy must tell the eviction case judge right away to prevent serious problems:

• File a motion in the eviction case asking to pause the case against that defendant due to the automatic stay (our Motion Easy Form can be used for this), or
• At the next court hearing, When the parties in a case present their sides of a case to a judge or other officer before anything else happens, tell the judge about the bankruptcy case.

The automatic stay pauses almost all legal proceedings against the person who filed for bankruptcy. To continue the eviction case, the landlord An owner of property who rents it out to a tenant must file a “motion for relief from the automatic stay” in the bankruptcy case. The bankruptcy judge can grant or deny To refuse or say no this motion. If the bankruptcy judge denies the landlord's motion, the eviction case must stop until:

• The bankruptcy case is resolved, or
• The stay is lifted. 

Talk to a lawyer Someone who represents clients in courts or who gives legal advice for help before trying to move forward with an eviction case when a defendant has filed for bankruptcy. Use Get Legal Help to find local legal resources. 

No, in Illinois, evictions can only be done by the sheriff. A county officer who can serve people with summons. They can evict someone with a court order. It is illegal for a landlord An owner of property who rents it out to a tenant to force a person out while waiting for the sheriff to carry out an eviction A court case brought by a landlord to get a tenant to move out order. Learn more in Lockouts and emergency rental repairs.

To have the sheriff evict a tenant, A person who rents a space the landlord must schedule the eviction with the sheriff's office. Sheriffs do not always complete evictions immediately. The eviction order may not allow the sheriff to schedule the eviction until after a specific date, and the person being evicted can ask the judge for more time:

• Stay date: Eviction orders may have a stay date. A stay date gives the person living in the unit additional time to move out. The sheriff cannot evict the tenant until after the stay date.
• Immediate possession: Some eviction orders are for immediate possession with no stay. This means the sheriff can carry out the eviction immediately without waiting.
• Asking for more time: Defendants can file a court paper asking for more time to move out. Do this right away if needed. Give the sheriff a copy of the filing so they do not carry out the eviction while the judge considers the request.

People can find out when the sheriff plans to perform the eviction by calling the sheriff's office.

For help with legal questions about eviction, A court case brought by a landlord to get a tenant to move out use Get Legal Help to find local legal resources. 

For help with filing court papers, contact Illinois Court Help at (833) 411-1121.

When safety is a concern in shared living situations, including roommates, romantic partners, and adult family members who are part of the same household, contact:

• The Illinois Domestic Violence Hotline at (877) 863-6338, or
• The National Domestic Violence Hotline at (800) 799-7233.

Learn more about Protection from abuse.