Summons In Forcible Entry And Detainer Download Free Print-Only PDF OR Purchase Interactive PDF Version of this Form Summons In Forcible Entry And Detainer Form. 9-212. (Source: P.A. 82-280. Thereafter the plaintiff shall be entitled to re-enter the premises immediately. ), (735 ILCS 5/9-310) (from Ch. 9-102) Sec. Except as otherwise provided in Section 9-120, no matters not germane to the distinctive purpose of the proceeding shall be introduced by joinder, counterclaim or otherwise. Illinois General Assembly - Illinois Compiled Statutes (b) If a judgment for possession is granted to the Board of Managers under Section 9-111, any interest of the unit owner to receive rents under any lease arrangement shall be deemed assigned to the Board of Managers until such time as the judgment is vacated. To prevent the eviction, you must be able to prove that (1) the landlord and you made an agreement after the judgment (for instance, to pay up back rent or to comply with the lease) and you have lived up to the agreement; or (2) the reason the landlord brought the original eviction case has been resolved or forgiven, and the eviction the landlord now wants the court to grant is based on a new or different reason; or (3) that you have another legal or equitable reason why the court should not grant the landlord's request for your eviction. In case judgment is entered in favor of the plaintiff in the action of ejectment before the rent in arrearage and costs of the action are paid, then the lease of the lands shall cease and be determined, unless the lessee shall by appeal reverse the judgment, or by petition filed within 6 months after the entry of such judgment, obtain relief from the same. 8-21-02.). Stat. Such notice may not be waived in a verbal lease. "Narcotics" and "controlled substance" have the meanings ascribed to those terms in the Illinois Controlled Substances Act. Notice to terminate tenancy for less than a year. (Source: P.A. 9-303. Where a plaintiff files a forcible entry and detainer action against a defendant, the circuit court has subject-matter jurisdiction over the complaint pursuant to the Illinois Constitution, and therefore does not lose subject-matter jurisdiction if the action fails to strictly comply to all statutory requirements.The 1st District Appellate Court affirmed the decision of Cook County Circuit . 9-213) Sec. 110, par. Specifically, commercial evictions are governed by the Forcible Entry and Detainer Act (735 ILCS 5/9-101), which outlines a timeline and procedure for evicting commercial tenants. 9101. (Source: P.A. 82-280. The owner of lands, his or her executors or administrators, may sue for and recover rent therefor, or a fair and reasonable satisfaction for the use and occupation thereof, by a civil action in any of the following instances: 1. 110, par. 9-321. 9-315. A claim for rent may be joined in the complaint, including a request for the pro rata amount of rent due for any period that a judgment is stayed, and a judgment obtained for the amount of rent found due, in any action or proceeding brought, in an action of forcible entry and detainer for the possession of the leased premises, under this Section. (2) Adjust the obligation under the rental agreement. Exemption. (d) If the board of a common interest community elects to have the provisions of this Article apply to such association or the declaration of the association is recorded after the effective date of this amendatory Act of 1985, the provisions of subsections (c) through (h) of Section 18.5 of the Condominium Property Act applicable to a Master Association and condominium unit subject to such association under subsections (c) through (h) of Section 18.5 shall be applicable to the community associations and to its unit owners. 83-707. 9-207.5. Because the Forcible Entry and Detainer Section hears cases that seek evictions from real estate premises, the section is commonly known as "Eviction Court." 9-205. 9-214. When action may be maintained. ), (735 ILCS 5/9-209) (from Ch. The trial court granted Fredman's motions for summary judgment in his forcible entry action and for dismissal of the complaint in the class action. Summons In Forcible Entry And Detainer (Copy) Form. "Section 8 contract" means a contract with HUD or FmHA which provides rent subsidies entered into pursuant to Section 8 of the United States Housing Act of 1937 or the Section 8 Existing Housing Program (24 C.F.R. ), (735 ILCS 5/9-120) Sec. : You are hereby notified that in consequence of your default in (here insert the character of the default) of the premises now occupied by you, being, etc., (here describe the premises) I have elected to terminate your lease, and you are hereby notified to quit and deliver up possession of the same to me within 10 days of this date (dated, etc.)." Rent payments at business office. 9-203. 110, par. (Source: P.A. (e) After a trial, if the court finds, by a preponderance of the evidence, that the allegations in the complaint have been proven, the court shall enter judgment for possession of the premises in favor of the plaintiff and the court shall order that the plaintiff shall be entitled to re-enter the premises immediately. To prevent invalidation, the notice must prominently state: "Only FULL PAYMENT of all amounts demanded in this notice will invalidate the demand, unless the person claiming possession, or his or her agent or attorney, agrees in writing to withdraw the demand in exchange for receiving partial payment." (2) any housing or unit of housing owned, operated, or managed by a housing authority established under the Housing Authorities Act; or, (3) any housing or unit of housing financed by a loan. In General (735 ILCS 5/9-101) (from Ch. Wilfully holding over. Demand - Notice - Termination of Lease and Possession of a Condominium. 110, par. 83-355. Thereafter the plaintiff shall be entitled to re-enter the premises immediately. Removal of fixture. 9-108) Sec. The grantees of any leased lands, tenements, rents or other hereditaments, or of the reversion thereof, the assignees of the lessor of any lease, and the heirs, legatees and personal representatives of the lessor, grantee or assignee, shall have the same remedies by action or otherwise, for the non-performance of any agreement in the lease, or for the recovery of any rent, or for the doing of any waste or other cause of forfeiture, as their grantor or lessor might have had if such reversion had remained in such lessor or grantor. The notice shall be substantially in the following form: "TO A.B. When default is made in any of the terms of a lease, it is not necessary to give more than 10 days' notice to quit, or of the termination of such tenancy, and the same may be terminated on giving such notice to quit at any time after such default in any of the terms of such lease. (Source: P.A. Effective January 1, 2018, this new law simplified the statute that governs evictions in Illinois by changing the confusing title (Forcible Entry and Detainer Act) and some of the . (Source: P.A. 89-549, eff. (Source: P.A. When such demand is made or notice served by an officer authorized to serve process, the officer's return is prima facie evidence of the facts therein stated, and if such demand is made or notice served by any person not an officer, the return may be sworn to by the person serving the same, and is then prima facie evidence of the facts therein stated. 97-236, eff. Distress for products and labor. The Legal Eviction Process for Commercial Properties unlawful detainer is a legal way for a landlord to evict a tenant. However, in cases where the defendant or unknown occupant is notified by posting and mailing of notices or by publication and mailing, and the defendant or unknown occupant does not appear generally, the court may rule only on the portion of the complaint which seeks judgment for possession, and the court shall not enter judgment as to any rent claim joined in the complaint or enter personal judgment for any amount owed by a unit owner for his or her proportionate share of the common expenses, however, an in rem judgment may be entered against the unit for the amount of common expenses due, any other expenses lawfully agreed upon or the amount of any unpaid fine, together with reasonable attorney fees, if any, and costs. Article IX - Forcible Entry And Detainer - Justia Law (c) A person does not forfeit any part of his or her security deposit due solely to an eviction under the provisions of this Section, except that a security deposit may be used to pay fees charged by the sheriff for carrying out an eviction. 1-1-12. When the tenancy is for a certain period, and the term expires by the terms of the lease, the tenant is then bound to surrender possession, and no notice to quit or demand of possession is necessary. Warren County IL (Source: P.A. If the defendant does not appear, having been duly summoned as herein provided the trial may proceed ex parte, and may be tried by the court, without a jury. (a) A mortgagee, receiver, holder of the certificate of sale, holder of the deed issued pursuant to that certificate, or, if no certificate or deed was issued, the purchaser at a judicial sale under Section 15-1507 of this Code, who assumes control of the residential real estate in foreclosure, as defined in Section 15-1225 of this Code, may terminate a bona fide lease, as defined in Section 15-1224 of this Code, only: (i) at the end of the term of the bona fide lease, by no less than 90 days' written notice or (ii) in the case of a bona fide lease that is for a month-to-month or week-to-week term, by no less than 90 days' written notice. 9-118) Sec. (b) This Section applies to each lease and other rental agreement in effect on the effective date of this amendatory Act of the 94th General Assembly unless there is specific language in that lease or other rental agreement that conflicts with the provisions of this Section. : You are hereby notified that I have elected to terminate your lease of the farm premises now occupied by you, being (here describe the premises) and you are hereby further notified to quit and deliver up possession of the same to me at the end of the lease year, the last day of such year being (here insert the last day of the lease year). 82-783. 82-280. 110, par. (b) In lieu of the requirement for posting the notices prescribed in subsection (a) of this Section and the owner's managing agent may include such notice in a written rental or lease agreement or may give such notice by first class mail addressed to the lessee or renter. (f) A judgment for possession of the premises entered in an action brought by a lessor or lessor's assignee, if the action was brought as a result of a lessor or lessor's assignee declaring a lease void pursuant to this Section, may not be stayed for any period in excess of 7 days by the court unless all parties agree to a longer period. 9-209) Sec. 97-913, eff. 9-313. 9-305) Sec. The notice is to be signed by the lessor or his or her agent, and no other notice or demand of possession or termination of such tenancy is necessary. If any provision of a lease or other rental agreement entered into, extended, or renewed on or after the effective date of this amendatory Act of the 94th General Assembly conflicts with the provisions of this Section, then that provision of the lease or other rental agreement is void and unenforceable. 8-9-96. Applicability of Article. 94-2, eff. No person shall make an entry into lands or tenements except in cases where entry is allowed by law, and in such cases he or she shall not enter with force, but in a peaceable manner. 9-319. When any distress warrant is levied, the person whose property is distrained, may release the same by entering into bond in double the amount of the rent claimed, payable to the landlord, with sufficient sureties, to be approved by the person making the levy, if the bond is tendered before the filing of a copy of the warrant, as provided in Part 3 of Article IX of this Act, or if after, by the clerk of the court in which the action is pending, conditioned to pay whatever judgment the landlord may recover in the action, with costs of the action. (Source: P.A. Where such a requirement has been imposed, the tenant shall not sell the crops to any person other than a person who has been disclosed to the landlord as a potential buyer of the crops. ", The court shall grant the motion for the extension of the judgment of possession unless the defendant establishes that the tenancy has been reinstated, that the breach upon which the judgment was issued has been cured or waived, that the plaintiff and defendant entered into a post-judgment agreement whose terms the defendant has performed, or that other legal or equitable grounds exist that bar enforcement of the judgment. The landlord may, however, agree in writing to continue the lease in exchange for receiving partial payment. ), (735 ILCS 5/9-211) (from Ch. This is a Illinois form and can be use in Cook Local County. To be effective service under this Section, a demand sent by certified or registered mail to the last known address need not be received by the purchaser or condominium unit owner. The awarding of reasonable attorney's fees shall be pursuant to the standards set forth in subsection (b) of this Section 9-111. 82-280. 98-514, eff. In all cases between landlord and tenant, where one-half year's rent is in arrears and unpaid, and the landlord or lessor to whom such rent is due has the right by law to re-enter for non-payment thereof, such landlord or lessor may, without any formal demand or re-entry, commence an action of ejectment for the recovery of the demised premises. (a) As used in this Section: "Cannabis" has the meaning ascribed to that term in the Cannabis Control Act. 7-23-09. (a-5) The Board of Managers may seek to terminate the right of possession of a tenant or other occupant of a unit under an existing lease or other arrangement between the tenant or other occupant and the defaulting owner of a unit, either within the same action against the unit owner under paragraph (7) of subsection (a) of Section 9-102 of this Article or independently thereafter under other paragraphs of that subsection. 9-311) Sec. The Illinois Eviction Process - From the 5 Day Notice to Judgment 9-210. If a plaintiff which is a public housing authority accepts rent from the defendant after an action is initiated under this Section, the acceptance of rent shall not be a cause for dismissal of the complaint. Effect of judgment against defendant. An action to possess premises under this Section shall not be deemed to be in bad faith when the plaintiff based his or her cause of action on information provided to him or her by a law enforcement agency, the State's Attorney, or the municipality. (Source: P.A. (a) If any lessee or occupant, on one or more occasions, uses or permits the use of leased premises for the commission of any act that would constitute a felony or a Class A misdemeanor under the laws of this State, the lease or rental agreement shall, at the option of the lessor or the lessor's assignee become void, and the owner or lessor shall be entitled to recover possession of the leased premises as against a tenant holding over after the expiration of his or her term. 82-280. 9-104. Tenant's duty to disclose to landlord identity of vendee of crops. (c) For purposes of this Article: (1) "Common interest community" means real estate. (Source: P.A. ), The demand shall be signed by the person claiming such possession, his or her agent, or attorney. Notice to terminate tenancy of farm land. 9-312. 110, par. Have a sheriff or a licensed Illinois process server serve the court papers on the tenant, and both sides will have their day in court. Illinois Landlord and Tenant Law - Rolling Meadows, Illinois Illinois Forcible Detainers - Public Record 82-280. After a trial, if the court finds, by a preponderance of the evidence, that the allegations in the complaint have been proven, the court shall enter judgment for possession of the premises in favor of the plaintiff. An action brought under paragraph (7) of subsection (a) of Section 9-102 of this Act is neither barred nor waived by the action of a Board of Managers in accepting payments from a unit owner for his or her proportionate share of the common expenses or of any other expenses lawfully agreed upon for any time period other than that covered by the demand. Like a proceeding for unlawful detainer, forcible detainer is a summary proceeding and the tenant must file a responsive pleading within five days after being served. (Source: P.A. ), (735 ILCS 5/9-308) (from Ch. The assignment must be in writing on a form prepared by the State's Attorney of the county in which the real property is located or the corporation counsel of the municipality in which the real property is located, as applicable. If the tenant files an answer, she has very limited defenses in a forcible detainer action. If the judgment is in favor of the defendant, the defendant shall recover costs and judgment shall be entered for the return to the defendant of the property distrained, unless the same has been replevied or released from such distress. ), (735 ILCS 5/9-216) (from Ch. Forcible entry prohibited. See Draper & Kramer, Inc. v. King, 2014 IL App (1st) 132073, 44 n.5 (eviction actions are not small claims cases as defined in S. Ct. Rule 281). in an action brought under the Forcible Entry and Detainer Act (Act) (735 ILCS 5/9-101 to 9-321 (West 2004)). Record Information Services - Illinois Forcible Detainers 82-280. (c) The demand set forth in subsection (a) of this Section shall be served either personally upon such purchaser or condominium unit owner or by sending the demand thereof by registered or certified mail with return receipt requested to the last known address of such purchaser or condominium unit owner or in case no one is in the actual possession of the premises, then by posting the same on the premises. (Source: P.A. (735 ILCS 5/9-101) Sec. (c) Mandatory sealing of court file. The right of the landlord to distrain the personal goods of the tenant, shall continue for the period of 6 months after the expiration of the term for which the premises were demised or the tenancy is terminated. Notice to non-residents. The person claiming possession, or his or her agent or attorney, may, however, agree in writing to withdraw the demand in exchange for receiving partial payment. However, if the result of the prosecution of such appeal and entry of final judgment is that the defendant was obligated to the plaintiff during the pendency thereof in a different form, manner or amount than that in which any payment or payments made under the provision of this Section was or were enforced or accepted, or in a different form, manner or amount than that adjudged in any judgment entered by any court in any other proceedings instituted by virtue of the provisions of this Section during the pendency of the appeal, such payment or payments shall be deemed to have been made to apply in the form, manner and amount resulting or arising from the prosecution of such appeal, on account of the defendant's obligation. Any person entering the landlord's premises after such notice has been given shall be guilty of criminal trespass to real property as set forth in Section 21-3 of the Criminal Code of 2012. (e) A judgment for possession entered under this Section may not be stayed for any period in excess of 7 days by the court. Emergency subsidized housing eviction proceedings. The court file relating to a forcible entry and detainer action brought against a tenant under Section 9-207.5 of this Code or as set forth in subdivision (h)(6) of Section 15-1701 of this Code shall be placed under seal. (b) This Section applies only if all of the following conditions are met: (1) The verified complaint seeks possession of. 110, par. Remedies available to grantee. 82-280. This is a Illinois form and can be use in Warren Local County. 3. are owned or managed by a housing authority established under the Housing Authorities Act or privately owned and managed. 9-101. 6-23-95; 89-626, eff. ), (735 ILCS 5/9-315) (from Ch. (c) Nothing in this Section or Section 15-1224 of this Code shall abrogate the rights of a mortgagee, receiver, holder of the certificate of sale, holder of the deed issued pursuant to that certificate, or, if no certificate or deed was issued, the purchaser at a judicial sale, who assumes control of the residential real estate in foreclosure to terminate a bona fide lease of a dwelling unit in residential real estate in foreclosure under Section 9-118, 9-119, 9-120, 9-201, 9-202, 9-203, 9-204, 9-209, or 9-210 of this Code.
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