11 What Happens When You Are Evicted?

 

Illinois’ eviction laws can be found at 735 ILCS § 5/IX.

If rent is not paid on time as stipulated in lease, then:

1. Rent Demand Notice - 5 days to pay past-due rent

2. Landlord Files an Eviction Lawsuit with the Court - If the renter does not vacate within the specified days contained within the Notice (after service), the landlord files an Eviction Complaint and Eviction Summons with the Circuit Clerk's Office.

3. Court Serves Tenant a Summons – a court date is set. *Corky can move out anytime after receiving Notice. If he moves out, he is not required to attend the hearing. He is responsible for moving expenses.

4. Landlord and Tenant Attend Court Hearing and Receive Judgment - the court will issue an Eviction Order for the landlord’s recovery of the rental premises.

5. Tenant Gets Seven to 14 Days to Move Out - The sheriff will then post the eviction order at the tenant’s residence. *If Corky is still in the apartment at this point, and decides to move, he is financially responsible for any removal of possessions.

6. Sheriff Arrives to Forcibly Remove the Tenant - If the tenant has not moved out of the unit within the time specified by the eviction order, the sheriff will return to forcibly remove the tenant from the premises. The landlord is not required to store any personal property that the tenant leaves behind.

From the Rock Island County Sheriff’s Office:

“The deputy sheriff overseeing the eviction process will determine property to be removed from said residence. Items removed will be set at the curb (where garbage is normally picked up). After 24 hours, the landlord is responsible for the disposal of said contents when said property is not claimed by the evicted party.”