House & Apartment

Fill out and sign the forms listed below. Make 3 additional copies of the complaint.

• Complaint: The complaint tells a person what a lawsuit is about. It also says the following:
  • All of the relevant facts that support plaintiff A person or party that starts a lawsuit 's claims
  • Laws that support the plaintiff's claims
  • What the plaintiff is asking for
• Summons A notice to a defendant that a lawsuit against them was filed in a court and that the defendant has to show up in court : Tells the other person that a lawsuit was filed against them.

Note: In Chicago, if you want the case to go to arbitration When parties present their case to a third person instead of going to court. The arbitrator’s decision is binding. This means it becomes part of the final judgment even if the parties don’t agree with it. (which is a panel of 3 people who decide who wins) or a jury trial A trial decided by a judge and a jury instead of a bench trial A trial decided by a judge without a jury (where 1 judge decides who wins), then you should include a jury demand within the summons and pay the small, extra fee. If you fail to ask for a jury trial on the summons, you may not get to ask for a jury trial later. 

Use our Security deposit complaint Easy Form program to fill out the forms you need. This will create a Small Claims Complaint.

If you do not have money to pay court fees, you should also fill out the below application:

• Application for Waiver of Court Fees: Asks the court to participate in the court case for free if you do not have money to pay the court filing fees.

Now that you have filled out your forms, you need to file them with the appropriate circuit clerk. You will need to electronically file ("e-file") them unless you have an exemption. 

The court where you file your case is called Small Claims Court. (If the apartment is in Chicago, and the amount in question is $3,000 or less, you can go to Pro Se Pronounced 'pro say,' a person who does not have a lawyer Court instead. The rules are slightly different in Pro Se Court, and they have their forms, so you should go to Room 602 of the Daley Center, Counter 8, to talk to a Pro Se Court staff member.)

You must attach two things to the complaint A written statement to start a lawsuit that says what the defendant did :

• A copy of the demand letter sent to the landlord; and
• A copy of the lease or a receipt for the security deposit A payment the tenant makes to the landlord at the start of a lease. It can be used if the tenant doesn't pay rent or damages the rental unit. .

Now that you have filled out your court forms, file your documents online via e-filing, or in person, if you qualify for an exemption from the Illinois e-filing mandate. If you do not have access to a computer or a scanner, you can use a public terminal to e-file your forms at the courthouse. See E-Filing Basics for more information.

The clerk will set a Return Date The deadline for a defendant or respondent to file an appearance or other required response . The Return Date is the date when the defendant The person or organization being sued in a lawsuit (the landlord) must file an 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. with the court. In Cook County, the return date is NOT a court date and you do not need to appear. Outside of Cook County, the return date is a court date and you do need to appear. 

After filing, you must send the other party A person or business involved in a court case in a role like plaintiff, petitioner, defendant, respondent, or intervenor. or parties a summons and attach the complaint A written statement to start a lawsuit that says what the defendant did . A summons is a document that tells a person about the lawsuit and when to come to court. Here are the rules about a summons:

• You must make sure all defendants are served with a separate summons to notify them of the lawsuit.
• You can get the summons form from the Circuit Clerk The office that takes care of files and documents for circuit court cases . The summons forms must be given to the defendant The person or organization being sued in a lawsuit , either by the sheriff A county officer who can serve people with summons. They can evict someone with a court order. or certified mail A document delivery service such as the US Postal Service that sends a party a receipt as proof that the documents were mailed and delivered . If by certified mail, only the clerk can mail the summons. A fee to mail it may apply.
• If the defendant (landlord An owner of property who rents it out to a tenant ) does not sign the receipt for the certified mail, then you must give the sheriff's office a chance serve Giving court documents to someone the summons and complaint to the defendant. If the Sheriff is able to serve the defendant, the Sheriff will file an affidavit A notarized written statement signed by a person under oath with the clerk of the circuit court The lowest level of court in Illinois .
• If the sheriff's office in unable to serve the defendant, you can have a special process server Someone other than a sheriff who serves a summons appointed. A special process server can be anyone over the age of 18 who is not a party to the lawsuit. However, you must have the Court enter an Order appointing the special process server. If the special process server is able to serve the defendant, the special process server must complete an affidavit to give you to file with the clerk of the circuit court.

Learn more about Serving a summons.

In Chicago, the landlord An owner of property who rents it out to a tenant must file an 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. by the return date The deadline for a defendant or respondent to file an appearance or other required response . When they do, the court will set a date for the first hearing When the parties in a case present their sides of a case to a judge or other officer in the case, and send a postcard to the tenant A person who rents a space with that date on it. You can also check the status of the case, including court dates, online at the clerk's website. |If the case was filed in Suburban Cook County, you may need to attend court on the return date. Please check with the appropriate clerk's office to make sure you do not have to attend court on the return date.

Before the first hearing, the landlord can file an answer A written statement used to respond to the complaint or petition in a lawsuit , either admitting, denying, or saying that they don't have enough information to admit or deny To refuse or say no the statements in the tenant's complaint A written statement to start a lawsuit that says what the defendant did . The landlord can also include a jury demand, defenses and counterclaims in their answer. Filing an answer is optional in cases of $10,000 or less.

Instead of filing an answer, the landlord can file a motion to dismiss, but there needs to be a good reason. For example, the case has already been heard in a different court, or the court doesn't have personal jurisdiction The authority of the court to make a decision that affects the parties in the case over the landlord. Learn more about filing a motion to dismiss.

If the landlord An owner of property who rents it out to a tenant does not appear in court, the judge may ask that you prove damages so that the judge can enter a judgment An official decision by a court that ends the dispute between parties giving you everything you requested in the complaint A written statement to start a lawsuit that says what the defendant did . However, a default judgment When a person loses a case because they don't file an appearance or show up in court can be set aside within 30 days from the date it is entered.

In almost all circumstances, the judge will vacate or set aside a default judgment if a proper motion A request to the judge to make the court or a party in the case do something is filed within thirty 30 days. If the default judgment is set aside, the case will then be set for trial When the issues of a case are heard in court and decided by a judge or jury .

On the trial date, present all of the relevant information for your case, including:

• The receipt showing that you paid the security deposit A payment the tenant makes to the landlord at the start of a lease. It can be used if the tenant doesn't pay rent or damages the rental unit. to the landlord
• A copy of the lease
• A cancelled check or money order
• The demand letter sent to the landlord
• The return receipt Proof of delivery with the recipient's signature, and the date and time of delivery green card showing that the landlord got the letter or the certificate of service from the sheriff A county officer who can serve people with summons. They can evict someone with a court order.
• Move-in and move-out inspection reports
• Pictures showing the condition of the apartment
• Rent receipts from the last year or more

If you are in Chicago and have a bench trial A trial decided by a judge without a jury , go to Courtroom 1308 of the Daley Center on your Trial Date, which is shown on the Summons A notice to a defendant that a lawsuit against them was filed in a court and that the defendant has to show up in court .

Arrive at court around 9:00 a.m. to sign in. There will be a list of cases on a bulletin board outside the courtroom. Find your case and write down the line number. This is the number to the left of your case name. If your case isn't on the list check with the clerk inside the courtroom. Sit in the back of the courtroom and wait for your case to be called by the clerk.

You may have to come back to court one or more times. The judge will decide if the case is ready for a trial or if the case must be continued (rescheduled).

If you filed a jury demand in Chicago, the case will be assigned to 1501. Once discovery When parties exchange and gather information about each other's cases before the case goes to trial is closed (if allowed depending on the amount of money requested), the case will be referred to be scheduled for arbitration When parties present their case to a third person instead of going to court. The arbitrator’s decision is binding. This means it becomes part of the final judgment even if the parties don’t agree with it. . A postcard will be mailed to the parties when the case is scheduled for arbitration. At the arbitration date, bring all the same documents and witnesses with you as if it were a trial in front of a judge. 

In a bench trial A trial decided by a judge without a jury , the judge will decide if the security deposit A payment the tenant makes to the landlord at the start of a lease. It can be used if the tenant doesn't pay rent or damages the rental unit. should be returned to the tenant A person who rents a space or not. The court will enter a judgment An official decision by a court that ends the dispute between parties on a form called an order. Both parties should not leave the courthouse without a copy of the order.

If the matter is scheduled for arbitration When parties present their case to a third person instead of going to court. The arbitrator’s decision is binding. This means it becomes part of the final judgment even if the parties don’t agree with it. , the arbitration panel will decide that day if the security deposit should be returned to the tenant or not. If you don't agree with the decision that the arbitration panel makes, you can reject it by paying a fee and ask that the case have a jury trial A trial decided by a judge and a jury . Then the case will be scheduled for a jury trial and a jury will decide if the security deposit should be returned to the tenant or not.