This is the next post in my series on how landlords in Peoria and other Illinois areas can handle the eviction of a tenant. My last article discussed the process of evicting someone in Illinois. It is important to understand that this process involves several steps. Each of these steps must be handled correctly or else the eviction may be delayed or even denied. Having an attorney to assist you can help to ensure that the matter is handled properly. In this article, I will be addressing the common question of “how long do evictions take in Illinois?” As explained below, the timeframe will depend on the specifics of the situation. If you are in need of assistance then contact my office today to speak with a lawyer.
As I explained in my prior article, the first step in evicting a tenant is to serve them with a Notice to Quit. This document will state the reason for which they are being asked to leave the property and a deadline by which they must do so. The length of this deadline, however, will depend on the reason for which they are being asked to leave the property. If, for example, the tenant is being told to vacate due to the non-payment of rent, then they must be given a five day notice. More minor lease violations (such as failures to maintain the property), typically require a ten-day notice. If the tenant’s lease has expired, and they are refusing to leave, then they must typically be given a thirty day notice. These timeframes do not include the day on which they are served with the Notice. Moreover, if they are served on a Friday then their time would not start to run until the next day on which Courts are open. So, in short, the first step in the process can take anywhere from roughly a week to one month.
If an eviction action is filed then the matter will be set for a hearing. The amount of time between the filing of a Complaint and the hearing will depend on the Court’s docket and other factors. Typically, this hearing is held within two to three weeks. Assuming that the eviction is granted at the hearing, the tenant may be given a short amount of time to remove their possessions from the home (depending on the court system where the matter is being heard). Law enforcement will then require that the tenant leave the property and it will be returned to you at that point. You are then free to clear out the property, change the locks, and do what is necessary to make the property available for rent.
All told, the aforementioned process can often take anywhere from three weeks to roughly two months, depending on the reason for the eviction and other factors. During this time, a landlord is not permitted to “retaliate” against the tenant. This means that the landlord may not change the locks, turn off the utilities, or engage in other activities meant to “punish” the tenant. Doing so can carry consequences for the landlord. It is best to discuss your situation with an attorney before taking any action against the tenant.
If you are a landlord and are in need of assistance, please contact my office today to speak with a Peoria eviction lawyer. My office is founded on the idea of providing quality service to each and every client we serve. We understand that time is of the essence in your case and we will make your matter a priority. Contact us online or by telephone to get started. I also serve the counties of Fulton, Knox, LaSalle, Marshall, Mason, McLean, Putnam, Rock Island, Schuyler, Stark, Tazewell, and Woodford.