House & Apartment

An eviction case is a court process used to remove a person from property owned by someone else.

The property owner files the case and is called the plaintiff. A property owner can file an eviction case without a lawyer. This is called being a self-represented plaintiff. 

If the property is owned by an LLC or other organization, a lawyer must handle the case on behalf of the business entity. 

Each person the plaintiff seeks to remove through the eviction case is called a defendant. 

In an eviction case, the judge decides whether the plaintiff has the legal right to possess the property. The plaintiff must state a legal reason for the eviction and be ready to prove that reason in court.

Common legal reasons for eviction include:

• Unpaid rent,
• Lease violations or criminal activity,
• Staying after a lease or tenancy has ended, and
• Living in the property as a trespasser or squatter.

Landlords cannot evict tenants in retaliation for protected conduct. 

The reason for the eviction affects:

• Whether a written eviction notice or demand is required, 
• Whether the person living in the property can correct the issue and stay,
• How long the plaintiff must wait before filing a case, and
• What the plaintiff must prove in court. 

Most reasons for eviction require a written eviction notice or demand before a case can be filed. Our Evict a tenant Easy Form helps prepare these notices. 

Do not address eviction notices to children. Naming minors or people who were minors when the lease was signed can create problems for an eviction case.

When a written notice or demand is required, the plaintiff must follow the law about delivering it. If a tenant or subtenant is living in the property, the plaintiff can:

• Hand the notice to a person named on it (learn how to do Personal service of a written eviction notice),
• Give the notice to a person at least 13 years old who lives in the unit (learn how to do Substitute service of a written eviction notice), or
• Mail the notice by certified or registered mail with return receipt requested (learn how in Mailing an eviction notice).

Posting an eviction notice or demand is only an option if:

• The unit is vacant, or
• The people living there are not tenants or subtenants (learn more about Trespassers and squatters).

When any part of rent is paid with a Housing Choice Voucher (HCV), the plaintiff must also give a copy of the notice to the housing authority right away.

After giving any required notice, the plaintiff must wait for the notice period to end before filing the case.

Starting an eviction case may require filing up to four types of papers:

• An Eviction Complaint,
• Required supporting papers,
• An Eviction Summons for each defendant, and
• A fee waiver application, if needed.

Our Evict a tenant Easy Form and Fee waiver Easy Form programs help with preparing these papers.

Eviction Complaint

An Eviction Complaint explains why the plaintiff is filing the case and what the plaintiff is asking the court to do.

There are two types of eviction actions:

• Possession only, and
• Joint action (possession and a money judgment).

The plaintiff must include all defendants they want removed through the eviction case on the Eviction Complaint. If the plaintiff believes people are living in the property whose names are unknown, the plaintiff can include "Unknown Occupants."

Do not name children as defendants. Naming minors or people who were minors when the lease was signed will result in an eviction case being dismissed. Minors who are named in eviction cases can also seek damages (sue for money). 

Required supporting papers

The complaint must include any papers required by law to support the plaintiff's claims.

These may include:

• Copies of notices or demands,
• Proof that notices or demands were served,
• Relevant parts of a written lease, and
• Other papers related to the reason for the eviction.

If a required paper is unavailable, the plaintiff must file an affidavit explaining why it is not attached.

File the completed Eviction Complaint and required supporting papers with the circuit court clerk in the county where the rental property is located. 

Most people must file court documents electronically (e-file). Some people may qualify for an exemption from e-filing.

Whether filing in person or online, the plaintiff must pay a filing fee or submit a fee waiver application for review. A fee waiver may reduce filing fees or eliminate them entirely. Learn more about court fees and fee waivers. Our Fee waiver Easy Form program helps prepare the fee waiver application.

If the plaintiff has to pay filing fees, the cost for filing a possession-only case is usually lower than filing a joint action for possession and a money judgment.

The court case starts after the Eviction Complaint is filed, the filing fees are paid or a fee waiver is on file, and the circuit court clerk's office assigns an official case number. At this point, the plaintiff still has to take additional steps to bring each defendant into the case. These steps involve summons and service. If the plaintiff does not take these steps, the case cannot move forward.

Filing a case does not mean the plaintiff will win. The judge decides whether the plaintiff has the right to possess the property based on what is presented in court.

The Eviction Summons is a court paper that must be filled out separately for each defendant. “Unknown Occupants” get their own summons.

The Eviction Summons says:

• An eviction case has been filed against the defendant, 
• The case number, and
• When and where to show up to court.

The circuit court clerk must issue the summons. Issuing the summons means the circuit court clerk stamps it and adds it to the court record.

The process varies by county.

Some circuit court clerks require the plaintiff to file each summons with all information completed. This means the plaintiff must first file the Eviction Complaint, pay the filing fee or submit a fee waiver application, and get the case number and first court date from the clerk. The plaintiff then completes the summons using that information.

Other circuit court clerks accept a summons with only the plaintiff's and defendant's information completed. These clerks add the case information and the first court date. They may expect the summons to be filed at the same time as the Eviction Complaint, along with the filing fee or fee waiver application.

For help figuring out the local procedure:

• Call the circuit court clerk’s office where the case will be filed, or 
• Call or text Illinois Court Help at (833) 411-1121.

A summons can only be served on the defendant named in that summons. The summons cannot be served until it has been issued.

After the summons is issued, each defendant must be served with their own copy of:

• The Eviction Complaint,
• All required supporting papers, and
• The Eviction Summons.

Service is what brings the defendant into the case. If a defendant is never served, the judge generally cannot enter orders against that defendant. 

Once an eviction case has started, the plaintiff is not allowed to serve papers themselves. Service is usually completed by a sheriff's office or a special process server. The sheriff's office and special process servers regularly serve court papers and can explain their service procedures. 

Ask the sheriff or process server about:

• Service fees,
• How many service attempts will be made, and
• When service attempts will be made.

The sheriff or special process server completes an affidavit of service describing what happened during each service attempt.

When people are living in the property, multiple service attempts may be necessary. Illinois law provides several methods of service for eviction cases.

Before the first court date, check whether each defendant was served.

Go to the first court date even if service was not completed. The judge may set another court date, order additional service attempts, or take other action based on the status of the case.