House & Apartment

No, in Illinois, only the sheriff A county officer who can serve people with summons. They can evict someone with a court order. can evict people. The sheriff needs a judge's order allowing the eviction. A court case brought by a landlord to get a tenant to move out It is illegal for landlords to try to force a person out themselves. Learn more about Lockouts and emergency rental repairs.

If a person is staying in another person's property without permission from the property owner or another person allowed to live there, law enforcement officers may be willing to remove the person for criminal trespassing. Unlawful entry or attempted entry of the property of another This requires the property owner to prove their ownership. If the officers refuse to remove the person, the landlord An owner of property who rents it out to a tenant must go through the eviction process.

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.

The four main reasons an Illinois housing provider can ask a judge to evict a person are:

• 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), and
• Lacking permission to live in the property at all, such as a squatter that law enforcement officers are unwilling to remove without a court order.

A fully completed written notice for the specific reason must be served on the person the landlord An owner of property who rents it out to a tenant wants to evict before the court case is started, unless:

• The tenant A person who rents a space overstays a current written rental agreement that does not renew and has a clear end date, and
• All of the following are true:
  • The property is privately owned,
  • The property is not in Cook County,
  • No portion of rent is paid by a Housing Choice Voucher (HCV), and
  • The landlord and tenant do not have any other agreements allowing the tenant to stay longer.

Learn more in Written eviction notices.

Situations where a written eviction notice must be served before starting a court case include:

• Unpaid rent,
• Lease violations or criminal activity,
• Overstaying a month-to-month or week-to-week lease,
• Overstaying a written lease that automatically renews,
• Overstaying a lease paid for with a Housing Choice Voucher (HCV), and
• Overstaying a lease for a Cook County property. 

This is true whether the original agreement to let the person stay in the property was spoken (oral) or written.  Learn more about Written eviction notices.

In eviction court, a landlord can ask for:

• Possession of the unit,
• A money judgment, An official decision by a court that ends the dispute between parties which gives the landlord the right to collect overdue rent and related charges,
• Sealing When a criminal record is hidden from most of the general public, but not law enforcement the eviction case, and
• When allowed by local law and a written lease, attorney's fees and court costs (only if the landlord is represented by a licensed Illinois lawyer).

Learn more about How eviction cases work.

First, with only one exception, all landlords must show:

• A fully completed written notice for the specific reason was served on the person the landlord An owner of property who rents it out to a tenant wants to evict, and
• The landlord waited the required amount of time before filing the eviction A court case brought by a landlord to get a tenant to move out case.

Next, the landlord must show they included the correct supporting papers when filing the complaint, A written statement to start a lawsuit that says what the defendant did such as:

• The notice and affidavit of service A written statement signed under oath. It describes where, when, and how a person received court documents. proving service of the notice for the specific reason,
• Relevant parts of a written lease, and
• If needed, an affidavit A notarized written statement signed by a person under oath explaining why any of those were not provided.

In addition to those papers, the landlord may need:

• For unpaid rent: The rent ledger, rent receipts, account statements, similar documentation, and testimony Evidence given orally by witnesses that supports their claim that the person owed the money and did not provide the funds,
• For lease violations and criminal activity: Photos, videos, testimony, public records, and other information that supports their claim that the person was involved in the behavior at issue,
• For overstaying the end of a lease that did not renew: Testimony, along with the supporting papers from filing the complaint, and
• For lacking permission to live in the property at all: Testimony and supporting documents such as deeds, mortgage A loan given by a bank that is used to help someone buy a home statements, or other proof that the landlord owns the property.

To start an eviction case, the landlord An owner of property who rents it out to a tenant must:

1. Serve Giving court documents to someone any required notices (learn more about Written eviction notices) and wait for the notice period to end,
2. Fill out an eviction complaint, A written statement to start a lawsuit that says what the defendant did
3. File the complaint with the circuit court The lowest level of court in Illinois clerk, including paying filing fees or submitting a fee waiver application,
4. Prepare and file an eviction 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 for each defendant, The person or organization being sued in a lawsuit
5. Ask the sheriff A county officer who can serve people with summons. They can evict someone with a court order. (or private process server) Someone other than a sheriff who serves a summons to serve the tenant A person who rents a space with the court papers, and
6. Attend the first court hearing When the parties in a case present their sides of a case to a judge or other officer unless they hire a lawyer Someone who represents clients in courts or who gives legal advice to attend instead.

A judge cannot move the case forward until these steps happen. 

Defendants in an eviction A court case brought by a landlord to get a tenant to move out case are the adults the landlord An owner of property who rents it out to a tenant is trying to evict. Do not name children in eviction cases. The entire case must be dismissed Cases dismissed with no further action anticipated. 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.

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 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.

Unknown Occupants are a special type of defendant in eviction cases. An eviction case can be filed against Unknown Occupants as the only defendant or in addition to named defendants. If Unknown Occupants are listed as a defendant and served as required by law, 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.

The first step in filing an eviction case is filing the complaint, which includes:

• A copy of any relevant notices and affidavits of service (learn more about Written eviction notices),
• If there is a written rental agreement, a copy of the relevant lease provisions, and
• Whenever a notice, affidavit, and written lease are not all included, an Affidavit-Supporting Documents Not Attached to Eviction Complaint.

Our Evict a Tenant Easy Form can help prepare these documents for filing.

An eviction A court case brought by a landlord to get a tenant to move out case must be filed in the Illinois circuit court The lowest level of court in Illinois for the county where the property is located. 

Cases are usually filed electronically unless the landlord An owner of property who rents it out to a tenant qualifies for an e-filing Short for "electronic filing." You file court papers using a computer instead of handing them to the clerk in person. This is required in Illinois as of 1/1/18. exemption. Learn more in E-filing basics. To complete the filing, the landlord must pay filing fees or submit a fee waiver application. 

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

When the circuit court The lowest level of court in Illinois clerk receives the filed complaint A written statement to start a lawsuit that says what the defendant did and any required fees, they assign a case number A number assigned to a case that is on every paper filed in the case and set a first hearing When the parties in a case present their sides of a case to a judge or other officer date.

Depending on the county, the court date may be:

• Scheduled electronically during filing,
• Provided when the file-stamped copy of the papers are returned to the landlord, An owner of property who rents it out to a tenant or
• Requested from the circuit court clerk's office.

A 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 is a paper filed with the circuit court The lowest level of court in Illinois clerk's office for each defendant The person or organization being sued in a lawsuit that tells them:

• They have been sued in an eviction A court case brought by a landlord to get a tenant to move out case,
• The date, time, and location of the first hearing, When the parties in a case present their sides of a case to a judge or other officer and
• Additional required information about available resources.

Check with the circuit court clerk's office where the case is filed about the required paper with resource information.

A separate summons is required for each defendant, including Unknown Occupants. The summons must be filled out with the hearing date information and filed in the case.

After the summons has been file-stamped by the circuit court clerk's office, copies of the complaint A written statement to start a lawsuit that says what the defendant did and summons must be served on each defendant. These copies must include:

• All supporting papers filed with the complaint, such as a notice, affidavit of service A written statement signed under oath. It describes where, when, and how a person received court documents. of the notice, written lease, or affidavit A notarized written statement signed by a person under oath explaining why any of those were not provided, and
• The additional required information about available resources.

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

Yes, a landlord An owner of property who rents it out to a tenant can ask a judge to dismiss an eviction A court case brought by a landlord to get a tenant to move out case. This often happens when the issues are resolved after the case is filed and before the first hearing When the parties in a case present their sides of a case to a judge or other officer date.

Attend all court dates until the case is dismissed. Cases dismissed with no further action anticipated. Ask the judge to dismiss the case. The judge may accept a spoken (oral) request to dismiss the case or require a written motion. If the judge wants the request filed in writing, use our Motion Easy Form for help drafting this paper.

Eviction A court case brought by a landlord to get a tenant to move out defendants may:

• Do nothing and risk entry of a default judgment against them,
• Show up to the first court date,
• Point out problems that require the case to be dismissed, Cases dismissed with no further action anticipated.
• Assert defenses,
• Apply for court-based rental assistance,
• Work to resolve the issue with the landlord by agreement, or
• Prepare for a trial.

After making multiple attempts to serve Giving court documents to someone an eviction defendant The person or organization being sued in a lawsuit through the sheriff's A county officer who can serve people with summons. They can evict someone with a court order. office or a special process server, Someone other than a sheriff who serves a summons service by posting may be an option. 

To use the service by posting process, the housing provider must have made a diligent inquiry to have the person served with the court papers in person, which may include trying to serve the defendant:

• On different dates,
• At different times of day, and
• At different locations where the defendant is known to be, such as a workplace or another residence.

Service by posting can only be done:

• By the sheriff,
• Using a Notice by Posting Requiring Appearance in Pending Eviction Action, and
• At least 10 days before the court hearing When the parties in a case present their sides of a case to a judge or other officer listed on the posted notice.

For help when a defendant cannot be found or is avoiding service, use Get Legal Help or contact:

• Eviction Help Illinois statewide at (855) 631-0811, or
• Cook County Legal Aid for Housing and Debt in Cook County at (855) 956-5763.

The process a landlord An owner of property who rents it out to a tenant uses for service by posting in an eviction case is:

• Fill out and file the completed Affidavit for Service by Posting in the eviction case,
• Tell the judge at the next court date that the plan is for service by posting,
• Request a new court date for at least 10 days after the notice will be posted,
• Fill out and file a Notice by Posting Requiring Appearance in Pending Eviction Action, including the information about the date, time, and courtroom of the new court date,
• Pay any necessary fees to the circuit court The lowest level of court in Illinois clerk's office or the sheriff A county officer who can serve people with summons. They can evict someone with a court order. for service by posting (if there is a fee waiver A document that lets someone file court papers for free or at a reduced cost. on file in the case, it may waive To give up a legal right or pardon a fee all or part of the posting fees),
• Ask the sheriff about what papers they need for service by posting in an eviction case,
• Give the sheriff copies of the Notice and any other required materials,
• Wait for the sheriff to post the Notice by Posting Requiring Appearance in Pending Eviction Action and file their affidavit proving they served the defendant The person or organization being sued in a lawsuit by posting, and
• Attend the next court date.

Be prepared for the next court date with copies of:

• Any earlier affidavits of service in the case showing the defendant could not be personally served,
• The filed Affidavit for Service by Posting,
• The filed Notice by Posting Requiring Appearance in Pending Eviction Action, and
• The sheriff's posting affidavit.

The judge will decide if service by posting was sufficient for the case to move forward. Unless the defendant shows up and participates in the case, a default judgment When a person loses a case because they don't file an appearance or show up in court in an eviction case served by posting can only be for possession. It cannot include unpaid rent.

For help with the service by posting court process, use Get Legal Help or contact:

• Eviction Help Illinois statewide at (855) 631-0811, or
• Cook County Legal Aid for Housing and Debt in Cook County at (855) 956-5763.

Yes, default judgment in an eviction A court case brought by a landlord to get a tenant to move out case may be available against a defendant The person or organization being sued in a lawsuit who:

• Has been served with the court papers,
• Does not show up to court,
• Did not agree with the landlord An owner of property who rents it out to a tenant to reschedule the court date that they missed, and
• Did not file a written request asking the judge to change the court date.

To get a default judgment, the landlord must ask the judge to hold the defendant in default. Follow the judge's instructions carefully to keep the case moving forward at this point:

• The judge may give the tenant A person who rents a space one or more opportunities to show up in court before holding them in default,
• The judge may require the landlord to file a written motion asking for a default judgment (use our Motion Easy Form for help drafting this paper), and
• The judge may set another court date and require the landlord to send a copy of an order warning the defendant that they may be held 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. 

If a judge agrees to hold a defendant The person or organization being sued in a lawsuit in default, the landlord An owner of property who rents it out to a tenant must be ready to show that they:

• Followed all written eviction notice requirements by serving the appropriate notices and waiting the necessary amount of time to file the eviction case,
• 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 When the parties in a case present their sides of a case to a judge or other officer to another date, and
• Complied with all legal standards for granting the eviction.

Start by checking the court file to make sure it includes:

• All necessary supporting papers for the complaint, A written statement to start a lawsuit that says what the defendant did such as a notice, affidavit of service A written statement signed under oath. It describes where, when, and how a person received court documents. of the notice, written lease, or affidavit A notarized written statement signed by a person under oath explaining why any of those were not provided,
• All affidavits of service showing the defendant was served with the court papers, and
• Any proof needed to show that the judge's instructions have been followed, such as proof of mailing a copy of a judge's order warning the defendant about the default.

Be ready to answer A written statement used to respond to the complaint or petition in a lawsuit questions about:

• When these steps happened, and
• Any relief sought in the complaint, such as possession only or details to support a money judgment. An official decision by a court that ends the dispute between parties

Many eviction cases are resolved by agreement using forms provided by the Illinois Supreme Court. These agreements can include that the defendant: The person or organization being sued in a lawsuit

• 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.

No, the eviction case must be paused. An automatic stay takes effect immediately when an eviction defendant The person or organization being sued in a lawsuit files for bankruptcy. 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 stops almost all legal proceedings against the person who filed for bankruptcy while the bankruptcy court considers the case. A landlord An owner of property who rents it out to a tenant who wants to proceed with eviction against a defendant who has filed for bankruptcy must file a “motion for relief from the automatic stay” in the bankruptcy court. The bankruptcy judge has discretion to grant or deny To refuse or say no this motion. If the motion is denied, the eviction cannot proceed 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 or contact:

• Eviction Help Illinois statewide at (855) 631-0811, or
• Cook County Legal Aid for Housing and Debt in Cook County at (855) 956-5763.

For help with legal questions about eviction, use Get Legal Help or contact:

• Eviction Help Illinois statewide at (855) 631-0811, or
• Cook County Legal Aid for Housing and Debt in Cook County at (855) 956-5763.

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.