Landlord/Tenant
General Obligations
Landlord-tenant disputes are a common occurrence in the renting process, and many could be avoided if both parties are aware of their rights and responsibilities.
Landlords should:
Make property habitable before tenants move in.
Make and pay for repairs due to ordinary wear and tear.
Refrain from turning off a tenant’s water, electricity or gas.
Provide written notice to tenants when ownership of the property is transferred to a new landlord.
Not unlawfully discriminate.
Tenants should:
Pay rent on time.
Use reasonable care and not damage property.
Properly dispose of garbage.
Refrain from taking on additional occupants or subleasing without the landlord’s written permission.
Eviction
A landlord may not evict a tenant without a court order. The landlord may begin eviction proceedings if a tenant:
Damages property.
Fails to pay rent.
Violates terms of the lease.
Injures the lessor or another tenant.
Allows drug-related criminal activity on the premises.
Fails to vacate at the end of the lease term.
Gambles illegally on the property.
The tenant will receive a notice that an eviction lawsuit has been filed and will have the opportunity to be heard in court before any eviction.
How to Evict a Tenant For Non-Payment of Rent
To evict a tenant for non-payment only, you need to submit a Petition for Non- Payment of Rent form with court costs and service fees. Upon filing, you will be given a court date, generally within 15 business days. If the judge rules in your favor, you will be given a judgment of possession. If tenant fails to vacate the property, you can file an execution (service fee required) and the Sheriff’s Department will stand-by while the eviction is enforced.
Personal service: The Sheriff/Process Server goes out to personally serve the summons to the Defendant once.
Posting: If the summons is not able to be served personally, the Sheriff/Process Server will post the summons to the front and back door of the premises. If the Defendant is served by posting and does not appear for Court, you cannot get a money judgment and you have to wait 10 days from the date of judgment to file the execution.
The filing fee is $43.50. The service fee is $45 for personal service (per defendant) or $45 for posting (per defendant).
Upon filing, you will be given a court date, generally within 21 business days. If the judge rules in your favor, you will be given a judgment of possession. If the tenant fails to vacate the property, you can file an execution (service fee required) and the Sheriff’s Department will stand-by while the eviction is enforced.
It is the filer’s responsibility to know if the form they’re using is the proper form for their situation. Petition of Landlord for Recovery of Rent and/or Possession are available in the Circuit Clerk’s office or can be found below