House & Apartment

No, in Illinois, only the sheriff A county officer who can serve people with summons. They can evict someone with a court order. can evict people. The sheriff needs a judge's order allowing the eviction. A court case brought by a landlord to get a tenant to move out It is illegal for landlords to try to force a person out themselves. This is true even if a judge has issued an eviction order. Learn more about Lockouts and emergency rental repairs.

Law enforcement officers may remove a person for criminal trespassing Unlawful entry or attempted entry of the property of another if:

• The property owner proves ownership, and
• The person is staying without permission from:
  • The property owner, or
  • Another person allowed to live there.

If the officers refuse to remove the person, the property owner must follow the eviction process.

In shared households, eviction is not the only way to remove a person whose behavior raises safety concerns. Other household members may seek an Order of Protection, which can grant exclusive possession of the home. This protection may be available for landlords who share living space, such as a kitchen, with a person causing harm.

For help with unsafe shared living situations, including roommates, romantic partners, and adult family members, contact:

• The Illinois Domestic Violence Hotline at (877) 863-6338, or
• The National Domestic Violence Hotline at (800) 799-7233.

The four main reasons an Illinois housing provider can ask a judge to evict a person are:

• Not paying rent on time (learn more in Dealing with unpaid rent),
• Lease violations and criminal activity (learn more in Addressing lease violations),
• Overstaying the end of a lease that was not renewed (learn about Ending a lease), and
• Lacking permission to live in the property at all, such as a squatter.

Written notice for the specific reason must be served on the person the landlord An owner of property who rents it out to a tenant wants to evict before filing a court case, unless:

• The tenant A person who rents a space overstays a current written rental agreement that does not renew and has a clear end date, and
• All of the following are true:
  • The property is privately owned,
  • The property is not in Cook County,
  • No portion of rent is paid by a Housing Choice Voucher (HCV), and
  • The landlord and tenant do not have any other agreements allowing the tenant to stay longer.

Learn more in Written eviction notices.

First, with only one exception, all landlords must show they:

• Served a fully completed written notice for the specific reason on the person at risk of eviction, A court case brought by a landlord to get a tenant to move out and
• Waited the required amount of time before filing the eviction case.

The only exception to the notice requirement is for overstaying certain written rental agreements outside Cook County. Learn more about Ending a lease.

Next, the landlord An owner of property who rents it out to a tenant must show they included the correct supporting papers when filing the complaint, A written statement to start a lawsuit that says what the defendant did such as:

• The notice and affidavit of service A written statement signed under oath. It describes where, when, and how a person received court documents. proving service of the notice for the specific reason,
• Relevant parts of a written lease, and
• If needed, an affidavit A notarized written statement signed by a person under oath explaining why any of those were not provided.

At trial, When the issues of a case are heard in court and decided by a judge or jury the landlord usually must support their claim with testimony. Evidence given orally by witnesses Defendants are not required to testify. To answer questions under oath At an eviction trial:

• The landlord can testify, call other witnesses to testify, and present papers that help prove the landlord's case,
• Participating defendants will have the opportunity to question the landlord and the landlord's witnesses (also called "cross-examination"),
• Participating defendants can choose to testify, call their own witnesses to testify, and present papers in their defense, and
• The landlord can ask questions of a defendant The person or organization being sued in a lawsuit who testifies or of a defendant's witnesses.

Other materials that landlords may need to prove their cases at trial include: 

• For unpaid rent: The rent ledger, rent receipts, and account statements,
• For lease violations and criminal activity: Photos, videos, and public records,
• For overstaying the end of a lease that did not renew: The supporting papers filed with the complaint, and
• For lacking permission to live in the property at all: Deeds, mortgage A loan given by a bank that is used to help someone buy a home statements, or other ownership papers.

In eviction court, a landlord An owner of property who rents it out to a tenant can ask for:

• An order allowing the sheriff A county officer who can serve people with summons. They can evict someone with a court order. to evict a person from the unit (also called an "eviction order" or "order of possession"),
• A money judgment, An official decision by a court that ends the dispute between parties which gives the landlord the right to collect overdue rent and related charges,
• Sealing When a criminal record is hidden from most of the general public, but not law enforcement the eviction case, and
• In some situations, attorney's fees Money paid to a lawyer for their work and court costs. The fees for going to court, including filing, serving, and getting transcripts

To ask for attorney's fees and court costs:

• The landlord must be represented by a licensed Illinois lawyer, Someone who represents clients in courts or who gives legal advice
• The parties must have a written rental agreement that explains the landlord is allowed to ask for attorney's fees and costs, and
• Local law must allow the request.

Even if a judge enters an eviction order, the landlord cannot force the person out. The landlord must schedule the eviction with the sheriff's office and pay any required fees. Learn more about How eviction cases work.

To start an eviction case, the landlord An owner of property who rents it out to a tenant must:

1. Serve Giving court documents to someone any required notices (learn more about Written eviction notices) and wait for the notice period to end,
2. Fill out an eviction complaint, A written statement to start a lawsuit that says what the defendant did
3. File the complaint with the circuit court The lowest level of court in Illinois clerk where the property is located, including paying filing fees or submitting a fee waiver application,
4. Prepare and file an eviction summons A notice to a defendant that a lawsuit against them was filed in a court and that the defendant has to show up in court for each defendant, The person or organization being sued in a lawsuit
5. Ask the sheriff A county officer who can serve people with summons. They can evict someone with a court order. (or private process server) Someone other than a sheriff who serves a summons to serve the tenant A person who rents a space with the court papers, including paying any required service fees, and
6. Attend the first court hearing When the parties in a case present their sides of a case to a judge or other officer unless they hire a lawyer Someone who represents clients in courts or who gives legal advice to attend instead.

A judge cannot move the case forward until these steps happen. While taking these steps to start an eviction case, the parties can still negotiate a move-out agreement. If the issues are resolved before the first court date:

• Attend the hearing, and
• Ask the judge to dismiss and seal the case.

Cases are usually filed electronically unless the landlord qualifies for an e-filing Short for "electronic filing." You file court papers using a computer instead of handing them to the clerk in person. This is required in Illinois as of 1/1/18. exemption. Learn more in E-filing basics.

For help with filing, contact Illinois Court Help at (833) 411-1121.

Defendants in an eviction A court case brought by a landlord to get a tenant to move out case are the adults the landlord An owner of property who rents it out to a tenant is trying to evict. Do not name children in eviction cases. The entire case must be dismissed Cases dismissed with no further action anticipated. and sealed immediately if it names:

• A person who is a minor A person under 18 years old (under 18) at the time of filing, or
• A person who is a minor at the time the lease agreement started.

There are two types of eviction defendants:

• Named defendants, and
• Unknown Occupants.

A named defendant The person or organization being sued in a lawsuit in an eviction case is:

• An adult, Any person 18 years old or over
• Living in the landlord's property, and
• Whose name the housing provider knows.

Eviction defendants may be tenants, subtenants, or other occupants. A landlord must name all defendants whose names they know.

Unknown Occupants are a special type of defendant in eviction cases. An eviction case can be filed against Unknown Occupants as the only defendant or in addition to named defendants. If Unknown Occupants are listed as a defendant and served as required by law, the judge can enter an order allowing the sheriff A county officer who can serve people with summons. They can evict someone with a court order. to evict anyone in the unit.

The first step in filing an eviction case is filing the complaint, which includes:

• A copy of any relevant notices and affidavits of service (learn more about Written eviction notices),
• If there is a written rental agreement, a copy of the relevant lease provisions, and
• Whenever a notice, affidavit, and written lease are not all included, an Affidavit-Supporting Documents Not Attached to Eviction Complaint.

Our Evict a Tenant Easy Form can help prepare these documents for filing.

When the circuit court The lowest level of court in Illinois clerk receives the filed complaint A written statement to start a lawsuit that says what the defendant did and any required fees, they assign a case number A number assigned to a case that is on every paper filed in the case and set a first hearing When the parties in a case present their sides of a case to a judge or other officer date.

Depending on the county, the court date may be:

• Scheduled electronically during filing,
• Provided when the file-stamped copy of the papers are returned to the landlord, An owner of property who rents it out to a tenant or
• Requested from the circuit court clerk's office.

A summons A notice to a defendant that a lawsuit against them was filed in a court and that the defendant has to show up in court is a paper filed with the circuit court The lowest level of court in Illinois clerk's office for each defendant The person or organization being sued in a lawsuit that tells them:

• They have been sued in an eviction A court case brought by a landlord to get a tenant to move out case,
• The date, time, and location of the first hearing, When the parties in a case present their sides of a case to a judge or other officer and
• Additional required information about available resources.

Check with the circuit court clerk's office where the case is filed about the required paper with resource information.

A separate summons is required for each defendant, including Unknown Occupants. The summons must be filled out with the hearing date information and filed in the case.

After the summons has been file-stamped by the circuit court clerk's office, copies of the complaint A written statement to start a lawsuit that says what the defendant did and summons must be served on each defendant. These copies must include:

• All supporting papers filed with the complaint, such as a notice, affidavit of service A written statement signed under oath. It describes where, when, and how a person received court documents. of the notice, written lease, or affidavit A notarized written statement signed by a person under oath explaining why any of those were not provided, and
• The additional required information about available resources.

For help with filing, contact Illinois Court Help at (833) 411-1121.

Yes, a landlord An owner of property who rents it out to a tenant can ask a judge to dismiss and seal an eviction A court case brought by a landlord to get a tenant to move out case. This often happens when the issues are resolved after the case is filed. 

Attend all court dates until the case is dismissed Cases dismissed with no further action anticipated. and sealed. At the next court date, ask the judge to:

• Dismiss the case, and
• Seal the court file.

The judge may accept a spoken (oral) request or require a written motion. If the judge wants the request filed in writing, use our Motion Easy Form for help drafting this paper.

Eviction A court case brought by a landlord to get a tenant to move out defendants may:

• Do nothing and risk entry of a default judgment against them,
• Show up to the first court date,
• Point out problems that require the case to be dismissed, Cases dismissed with no further action anticipated.
• Assert defenses,
• Apply for court-based rental assistance,
• Work to resolve the issue with the landlord by agreement, or
• Prepare for a trial.

After making multiple attempts to serve Giving court documents to someone an eviction defendant The person or organization being sued in a lawsuit through the sheriff's A county officer who can serve people with summons. They can evict someone with a court order. office or a special process server, Someone other than a sheriff who serves a summons service by posting may be an option. 

To use the service by posting process, the housing provider must have made a diligent inquiry to have the person served with the court papers in person, which may include trying to serve the defendant:

• On different dates,
• At different times of day, and
• At different locations where the defendant is known to be, such as a workplace or another residence.

Service by posting can only be done:

• By the sheriff,
• Using a Notice by Posting Requiring Appearance in Pending Eviction Action, and
• At least 10 days before the court hearing When the parties in a case present their sides of a case to a judge or other officer listed on the posted notice.

For help when a defendant cannot be found or is avoiding service, use Get Legal Help or contact:

• Eviction Help Illinois statewide at (855) 631-0811, or
• Cook County Legal Aid for Housing and Debt in Cook County at (855) 956-5763.

The process a landlord An owner of property who rents it out to a tenant uses for service by posting in an eviction case is:

• Fill out and file the completed Affidavit for Service by Posting in the eviction case,
• Tell the judge at the next court date that the plan is for service by posting,
• Request a new court date for at least 10 days after the notice will be posted,
• Fill out and file a Notice by Posting Requiring Appearance in Pending Eviction Action, including the information about the date, time, and courtroom of the new court date,
• Pay any necessary fees to the circuit court The lowest level of court in Illinois clerk's office or the sheriff A county officer who can serve people with summons. They can evict someone with a court order. for service by posting (if there is a fee waiver A document that lets someone file court papers for free or at a reduced cost. on file in the case, it may waive To give up a legal right or pardon a fee all or part of the posting fees),
• Ask the sheriff about what papers they need for service by posting in an eviction case,
• Give the sheriff copies of the Notice and any other required materials,
• Wait for the sheriff to post the Notice by Posting Requiring Appearance in Pending Eviction Action and file their affidavit proving they served the defendant The person or organization being sued in a lawsuit by posting, and
• Attend the next court date.

Be prepared for the next court date with copies of:

• Any earlier affidavits of service in the case showing the defendant could not be personally served,
• The filed Affidavit for Service by Posting,
• The filed Notice by Posting Requiring Appearance in Pending Eviction Action, and
• The sheriff's posting affidavit.

The judge will decide if service by posting was sufficient for the case to move forward. Unless the defendant shows up and participates in the case, a default judgment When a person loses a case because they don't file an appearance or show up in court in an eviction case served by posting can only be for possession. It cannot include unpaid rent.

For help with the service by posting court process, use Get Legal Help or contact:

• Eviction Help Illinois statewide at (855) 631-0811, or
• Cook County Legal Aid for Housing and Debt in Cook County at (855) 956-5763.

Yes, default judgment in an eviction A court case brought by a landlord to get a tenant to move out case may be available against a defendant The person or organization being sued in a lawsuit who:

• Has been served with the court papers,
• Does not show up to court,
• Did not agree with the landlord An owner of property who rents it out to a tenant to reschedule the court date that they missed, and
• Did not file a written request asking the judge to change the court date.

To get a default judgment, the landlord must ask the judge to hold the defendant in default. Follow the judge's instructions carefully to keep the case moving forward at this point:

• The judge may give the tenant A person who rents a space one or more opportunities to show up in court before holding them in default,
• The judge may require the landlord to file a written motion asking for a default judgment (use our Motion Easy Form for help drafting this paper), and
• The judge may set another court date and require the landlord to send a copy of an order warning the defendant that they may be held in default.

After a default judgment has been entered, a defendant can ask a judge to vacate the decision. Learn more about Vacating a default judgment. 

If a judge agrees to hold a defendant The person or organization being sued in a lawsuit in default, the landlord An owner of property who rents it out to a tenant must be ready to show that they:

• Followed all written eviction notice requirements by serving the appropriate notices and waiting the necessary amount of time to file the eviction case,
• Filled out the eviction case papers correctly,
• Can prove the court papers were served on the defendant,
• Did not agree with the defendant to continue the hearing When the parties in a case present their sides of a case to a judge or other officer to another date, and
• Complied with all legal standards for granting the eviction.

Start by checking the court file to make sure it includes:

• All necessary supporting papers for the complaint, A written statement to start a lawsuit that says what the defendant did such as a notice, affidavit of service A written statement signed under oath. It describes where, when, and how a person received court documents. of the notice, written lease, or affidavit A notarized written statement signed by a person under oath explaining why any of those were not provided,
• All affidavits of service showing the defendant was served with the court papers, and
• Any proof needed to show that the judge's instructions have been followed, such as proof of mailing a copy of a judge's order warning the defendant about the default.

Be ready to answer A written statement used to respond to the complaint or petition in a lawsuit questions about:

• When these steps happened, and
• Any relief sought in the complaint, such as possession only or details to support a money judgment. An official decision by a court that ends the dispute between parties

Many eviction cases are resolved by agreement using forms provided by the Illinois Supreme Court. These agreements can include that the defendant: The person or organization being sued in a lawsuit

• Does not owe money to the landlord, An owner of property who rents it out to a tenant
• Owes a specific amount of money to the landlord,
• Will pay a specific amount of money to the landlord according to a payment plan,
• Will stay in the unit, or
• Will move out of the unit.

These orders also allow the parties to ask the judge to seal the case as part of their agreement. Learn more about agreeing to end an eviction case and sealing an eviction case.

No, the eviction case must be paused. An automatic stay takes effect immediately when an eviction defendant The person or organization being sued in a lawsuit files for bankruptcy. A landlord who has heard the defendant filed for bankruptcy must tell the eviction judge right away to avoid serious problems:

• File a motion in the eviction case asking to pause the case against that defendant due to the automatic stay (our Motion Easy Form can be used for this), or
• At the next court hearing, When the parties in a case present their sides of a case to a judge or other officer before anything else happens, tell the judge about the bankruptcy case.

The automatic stay pauses almost all legal proceedings against the person who filed for bankruptcy. To continue the eviction case, the landlord must file a “motion for relief from the automatic stay” in the bankruptcy case. The bankruptcy judge can grant or deny this motion. If the bankruptcy judge denies the landlord's motion, the eviction case must stop until:

• The bankruptcy case is resolved, or
• The stay is lifted.

Talk to a lawyer Someone who represents clients in courts or who gives legal advice for help before trying to move forward with an eviction case when a defendant has filed for bankruptcy. Use Get Legal Help or contact:

• Eviction Help Illinois statewide at (855) 631-0811, or
• Cook County Legal Aid for Housing and Debt in Cook County at (855) 956-5763.

A ruling in favor of a landlord in an eviction case can include:

• An eviction order, which allows the sheriff A county officer who can serve people with summons. They can evict someone with a court order. to evict a person, and
• A money judgment, An official decision by a court that ends the dispute between parties which allows the landlord to collect money from the defendant. The person or organization being sued in a lawsuit

The parties can still reach their own agreement and ask the judge to vacate the eviction order. They can also ask the judge to seal the court file after a sheriff has carried out an eviction or a money judgment has been resolved. Learn how to ask a judge to remove an eviction from the public record.

To enforce Taking legal steps to make someone do what the court tells them to do an eviction order, the landlord must schedule the eviction with the sheriff. Only the sheriff can evict a person. It is illegal for a landlord to force a person out, even after the judge enters an eviction order. Learn more in Lockouts and emergency rental repairs.

To have the sheriff evict a tenant, the landlord must schedule the eviction with the sheriff's office. Sheriffs do not always complete evictions immediately. The eviction order may not allow the sheriff to schedule the eviction until after a specific date, and the person being evicted can ask the judge for more time:

• Stay date: Eviction orders may have a stay date. A stay date gives the person living in the unit additional time to move out. The sheriff cannot evict the tenant A person who rents a space until after the stay date.
• Immediate possession: Some eviction orders are for immediate possession with no stay. This means the sheriff can carry out the eviction immediately without waiting.
• Asking for more time: Defendants can file a court paper asking for more time to move out. If this happens, let the sheriff know right away and give them a copy of the paper.

There is usually a fee for scheduling the eviction unless the landlord has a fee waiver. A document that lets someone file court papers for free or at a reduced cost.

To collect a money judgment, learn about how debt judgments can be collected, including serving a Citation to discover assets to debtor.

Yes, an eviction case can be removed from the public record. This process is often called "sealing." When a criminal record is hidden from most of the general public, but not law enforcement  

Eviction cases are not automatically sealed just because they are over. The parties have to ask the judge to seal the file. They can ask the judge to seal the eviction case file at any time a final order is entered. This includes:

• The landlord An owner of property who rents it out to a tenant can ask the judge to dismiss the case and seal the file at any time,
• A defendant The person or organization being sued in a lawsuit who points out a problem with the case that requires dismissal can ask the judge to seal the case when the case is dismissed,
• The parties can ask the judge to seal the file as part of an agreed order, An agreement between two sides in a lawsuit that says what both sides will do
• Either or both parties can ask the judge to seal the file after an eviction order, and
• Either or both parties can ask the judge to seal the file after a money judgment An official decision by a court that ends the dispute between parties has been resolved. 

Sealing is required when a defendant is a minor. An eviction case must be dismissed and sealed immediately if it names:

• A person who is a minor (under 18) at the time of filing, or
• A person who is a minor at the time the lease agreement started.

If the case is already over, learn how to ask a judge to remove an eviction from the public record.

For help with legal questions about eviction, use Get Legal Help or contact:

• Eviction Help Illinois statewide at (855) 631-0811, or
• Cook County Legal Aid for Housing and Debt in Cook County at (855) 956-5763.

For help with filing court papers, contact Illinois Court Help at (833) 411-1121.

When safety is a concern in shared living situations, including roommates, romantic partners, and adult family members who are part of the same household, contact:

• The Illinois Domestic Violence Hotline at (877) 863-6338, or
• The National Domestic Violence Hotline at (800) 799-7233.

Learn more about Protection from abuse.