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Handling evictions according to residential real estate law

On Behalf of | Nov 5, 2019 | Real Estate Law

The average landlord in Illinois already has a lot on his or her plate. Because of this, it can be very frustrating to deal with problems from tenants, such as frequently being late on rent. When these types of problems progress, it is sometimes necessary to move forward with eviction. Landlords must be aware of the proper procedure for doing so. Otherwise, they could unintentionally violate residential real estate law.

A landlord cannot evict a tenant just because he or she feels like it. A tenant must be in violation of at least one provision in the lease agreement. Housing unauthorized people or pets, paying rent late or engaging in illegal activity are examples of why a landlord may choose to pursue eviction. Since lease agreements can and often do vary based on the landlord and property, it is possible that a reason for one tenant’s eviction might not be appropriate for another’s.

A tenant must be provided with a written notice that lists the violated provision or provisions. If the violations are not fixed after a reasonable period of time, the landlord can file to start formal court eviction proceedings. This is essentially trying to get help from the court to remove a tenant who is unlawfully using or possessing a rental property.

Unfortunately, the court proceedings for eviction can be confusing and time-consuming. A landlord must file certain paperwork, pay filing fees and sometimes even attend court hearings. In order to more easily navigate this system, some Illinois landlords prefer to speak with an attorney who is familiar with residential real estate law.