Plainfield, IL Landlord Eviction Attorneys

Lawyers Helping Landlords Evict Residential or Commercial Tenants in Plainfield, Illinois

When property owners rent out residential or commercial spaces, lease agreements can protect their investments. In situations where tenants have violated leases, landlords may take steps to perform evictions. The eviction process is governed by detailed legal procedures, and any mistakes made during this process can delay a tenant's removal, cost a landlord additional resources, and lead to other complications. Successfully removing a tenant from a residential home or commercial building will require a comprehensive understanding of state laws, local court rules, and other related legal issues.

At Gateville Law Firm, our attorneys assist landlords in Plainfield, Illinois with every phase of the eviction process. We work to help our clients resolve these cases as quickly and efficiently as possible. Whether a landlord is dealing with unpaid rent, lease violations, or tenants refusing to vacate a property, we will provide effective guidance rooted in extensive experience and a practical knowledge of Illinois landlord-tenant laws.

How Our Eviction Attorneys Can Help Landlords

During an eviction, a landlord will need to pay close attention to their legal obligations and the specific procedures that will be followed. Our lawyers can:

• Serve proper notices in accordance with the Illinois Forcible Entry and Detainer Act (735 ILCS 5)
• File appropriate eviction complaints with the court
• Respond correctly to tenant defenses or counterclaims
• Appear in court and represent a landlord during hearings
• Obtain and enforce court orders for possession when necessary

Our attorneys work to streamline the eviction process while avoiding costly delays. We work with landlords to identify any potential risks before filing, and we can use proactive strategies to protect a landlord's financial interests.

Understanding the Eviction Process in Illinois

Evictions follow a legal process that must be completed before a landlord can remove a tenant. Self-help evictions in which a landlord takes actions such as changing locks or shutting off utilities are prohibited. Instead, the following procedures must be followed:

1. Issuing a Proper Notice to the Tenant

The first step in an eviction is serving a written notice to the tenant. The type of notice that must be provided will depend on the grounds for eviction. In general, a five-day notice is required in situations involving nonpayment of rent, and a 10-day notice may be used for other lease violations. To terminate a month-to-month tenancy without cause, a 30-day notice will be required. These notices must meet specific requirements, and they must be served to tenants properly.

2. Filing an Eviction Lawsuit

If the tenant does not resolve the issue or vacate the property after receiving a notice, the landlord may file a complaint for eviction, known as a forcible entry and detainer action, in the appropriate court. The complaint must detail the grounds for eviction and any damages sought, such as unpaid rent.

3. Court Hearings and Judgment

The tenant has the right to appear in court and raise legal defenses against an eviction. These defenses may include allegations of retaliatory eviction, breach of the implied warranty of habitability, or discrimination. A judge will decide whether the landlord is entitled to possession of the property and whether any back rent or damages are owed.

4. Enforcement of the Court Order

If the court grants an eviction order (Order for Possession), the landlord must coordinate with the sheriff's office to carry out the removal. A landlord cannot physically remove the tenant themselves.

Residential vs. Commercial Evictions

Evictions involving residential properties often include additional tenant protections and habitability concerns that landlords must consider. By contrast, commercial evictions may involve more complex lease terms.

Residential Evictions

Residential tenants are protected by laws that are meant to help people maintain housing stability. Common issues that can arise in eviction cases include:

• Nonpayment of Rent: Evictions for unpaid rent are common, but they must be handled carefully to avoid claims of improper notice or retaliation.
• Lease Violations: Landlords may take steps to evict tenants based on violations such as unauthorized occupants, illegal activities, or damage to the property.
• Habitability Claims: Tenants may argue that a property was not habitable, potentially delaying or stopping an eviction.

Landlords must maintain compliance with local housing codes, repair obligations, and security deposit rules, which may be raised during an eviction case.

Commercial Evictions

In commercial tenancies, lease agreements will define most of the parties' rights and obligations. Some key issues that may arise in commercial evictions include:

• Breach of Lease: A tenant's failure to pay rent, maintain insurance, or meet other obligations could trigger eviction.
• Contract Interpretation: Disputes over ambiguous lease terms may lead to extended litigation during eviction cases.
• Possession of Inventory: Tenants may attempt to delay evictions in order to protect their assets, raising issues of ownership and access.

Commercial evictions may require the negotiation of lease termination terms, damage claims, and enforcement of guarantees.

Legal Risks Landlords Face During Evictions

Improper handling of an eviction can lead to financial liability for a landlord. Legal risks that may arise during eviction cases include:

• Wrongful Eviction Claims: Removing a tenant without a court order or violating due process can result in a lawsuit.
• Fair Housing Violations: Any appearance of discrimination based on race, gender, disability, or family status may trigger federal or state claims against a landlord.
• Retaliatory Eviction Accusations: If a tenant recently filed a complaint or requested repairs, an eviction may be considered to be retaliatory.
• Damage to Property: Unlawful lockouts or premature entry may lead to claims for trespassing or property damage.

Our attorneys work to ensure that landlords comply with Illinois eviction laws. We can take steps to limit a landlord's exposure to potential legal actions by tenants.

Contact Our Plainfield Landlord Eviction Lawyers

If you are a landlord in Plainfield who has encountered disputes with a tenant or may need to perform an eviction or tenant dispute, the lawyers at Gateville Law Firm can provide you with legal help and representation. We can help you complete evictions efficiently and lawfully, avoiding missteps that could lead to delays, expenses, or liability. Whether you are evicting a tenant from a single-family home or a commercial space, our team can guide you through every step of the legal process. Contact our Plainfield, IL eviction attorneys at 630-780-1034 to schedule a consultation and take steps to protect your investment.