Before an eviction suit can be filed, the tenance must first be terminated.  If there is no written lease, then either a Five Days' Notice for non-payment of rent or a Notice of Termination of Tenancy for anything else must be served upon the tenant.  The Notice of Termination is sometimes called a 30-Days' Notice.  However, the law requires that a full rental period's notice of not less than 30 days be given.  This means that if a Notice is served in May, it must provide that the tenancy will terminate on June 30, 2011.  If a written lease is in effect, a Five Days' Notice is still served for non-payment of rent.  If the tenant has breached a term of the lease, a Ten Days' Notice is required, which specifies the term of the lease that was broken.  If the building is residential, and is non-owner occupied, or if it an owner-occupeid building of more than 6 units, the Chicago Residential Landlord and Tenant Ordinance (RLTO) applies.  In that case, any provision in a lease which waives the need to serve a notice is unenforceable.  If the RLTO does not apply, the need to give notice may be waived by the lease.  Notices must be served directly upon the tenant or someone above the age of 13 years who lives in the apartment.  It should not be slipped under the door, taped on the door or put in the mailbox.  If a Five Days Notice is served, the notice is only for rent, not damage to the building or late fees.  If the 5th day after service falls on a non-business day, that is, a Saturday, Sunday or holiday, the 5th day carries over to the next business day.  The notices should be prepared in duplicate, with the copy being served upon the tenant.  The landlord fills out the affidaivit of service on the copy he keeps. 

After the notice time elapses, the landlord can go to the Richard Daley Center to Room 601 and pick up the forms to be filled out.  There will be a Complaint form for either posession only or for a joint action, that is, for possession and rent.  There will also be a Summons form.  Fill out the forms and make about 6 copies of each.  Go to room 602 and file them.  The Clerk's filing fee is $239.00.  Then go to the Sheriff's office at Room 701.  The Sheriff will charge $60.00 per person for service.  Every adult living in the property must be named.  If there are people living in the apartment you may name "Unknown Occupants."  However, they must actually be unknown.  If the Sheriff serves the Summons then the case will be in court on the day you picked.  If the sheriff does not serve the Summons, you must send him out again.  The Clerk will charge $5.00 to issue a second Summons called an Alias Summons and the sheriff again hcarges $60.00 per person.  You may also do what is called a Posting Service.  The forms are available in Room 601.  The fee to issue is $5.00.  The Sheriff charges another $60.00 per person.  In this service, the Sheriff posts the notice in 3 locations in the Loop and sends a copy to the tenants by regular mail.  On the next court date, if the tenant does not appear, the landlord can get a judgment for possession, but not for money damages.  For most landlords, however, possession is the most important thing.  At the court hearing, the landlord should appear with his copy of the notice served and proof that he is entitled to possession of the premises.

Lastly, Please be aware that eviction cases can get very technical, and one innocent mistake can result in the landlord's starting over again.  Given the filing fees involved, this could entail a significant monetary loss.  A landlord would be well advised to consult an attorney who does a lot of eviction work.   Here at the Law Office of STARR & ROWELLS, we have over 25 years experience representing both landlords and tenants.  If you have any questions or desire a consultation we would be pleased to assist you.  Please call us at 312-346-9420.  We are here to help you.

Timothy Rowells
Attorney at law
312 346 9420