Eviction can be one of the most stressful aspects of being a landlord, whether you’re managing residential properties or involved in commercial eviction. Understanding the eviction timeline in Illinois is crucial for avoiding unnecessary delays, expenses, or legal for landlords trouble. In this guide, we’ll break down the process step by step, discuss how long each phase typically takes, and offer landlord advice on handling evictions effectively and legally.
Overview of the Illinois Eviction Process
In Illinois, eviction—also called forcible entry and detainer—is a legal process that allows landlords to regain possession of their property when a tenant breaches the lease agreement. Common reasons for eviction include:
- Non-payment of rent
- Lease violations
- Illegal activity on the premises
- Holding over after lease expiration
While the entire eviction process can vary depending on the county, type of tenant, and court schedules, it generally takes anywhere from 30 to 90 days, sometimes longer.
Step 1: Serving a Notice to the Tenant
The first step is to provide the tenant with a written notice. The type of notice—and the waiting period—depends on the reason for eviction.
Types of Notices in Illinois
- 5-Day Notice to Pay Rent: For non-payment of rent
- 10-Day Notice to Quit: For lease violations
- 30-Day Notice to Terminate Tenancy: For month-to-month tenants
- 60-Day Notice: For tenants who have lived in the unit for more than one year (in some jurisdictions)
Timeframe: The notice period ranges from 5 to 60 days depending on the issue.
Landlord Tip:
Always serve notice in writing, and document how and when it was delivered. Failure to do so can delay the eviction in court.
Step 2: Filing an Eviction Lawsuit
If the tenant fails to comply with the notice, the landlord can file an eviction complaint (also known as a Forcible Entry and Detainer action) in court.
What Happens After Filing?
- The court will schedule a hearing, usually within 7 to 30 days after filing.
- The tenant must be officially served with the summons, typically by a sheriff or process server.
Commercial Eviction Note:
For commercial tenants, the lease terms often dictate the eviction process. Some commercial leases waive the tenant’s right to notice, allowing landlords to proceed more swiftly.
Step 3: The Court Hearing
Both landlord and tenant will present their case before a judge. If the landlord has legal representation or assistance from an eviction specialists, they’re more likely to succeed—especially if the tenant contests the eviction.
Possible Outcomes
- Default Judgment: If the tenant doesn’t appear, the landlord wins automatically.
- Judgment for Possession: The judge grants the landlord the right to reclaim the property.
- Judgment Denied: If the landlord failed to follow proper procedures, the case may be dismissed.
Timeframe: The court typically rules the same day, but enforcement can still take time.
Step 4: The Eviction Order (Order of Possession)
If the landlord wins, the judge will issue an Order of Possession, which legally allows the landlord to remove the tenant.
Sheriff Enforcement
- The sheriff will schedule a physical eviction, which can take 1 to 3 weeks depending on their workload and jurisdiction.
- Landlords cannot evict tenants themselves—only law enforcement can.
Total Timeline: How Long Does It All Take?
| Step | Estimated Timeframe |
|---|---|
| Notice Period | 5 to 60 days |
| Filing to Hearing | 7 to 30 days |
| Court Decision | Same day or within 7 days |
| Sheriff Eviction | 1 to 3 weeks |
| Total Time | 30 to 90+ days |
Complex cases, such as those involving commercial leases, tenant defenses, or appeals, may take several months or more.
Common Delays in Illinois Evictions
Evictions can drag on due to a variety of factors:
- Court backlog (especially in Cook County or during winter moratoriums)
- Improper notice or paperwork errors
- Tenant contesting the eviction
- Pandemic-related protections or moratoria
- Appeals filed by the tenant
This is where an eviction specialist near you can be helpful—guiding you through the legal requirements and ensuring you don’t make costly mistakes.
Landlord Advice: How to Avoid Eviction Pitfalls
Here are some essential tips to make the process smoother:
1. Know Your Local Laws
While Illinois has state-level rules, some cities like Chicago and Evanston have additional tenant protections. Familiarize yourself with local ordinances or consult a legal professional for landlords.
2. Use Written Lease Agreements
Always use a detailed, written lease that includes terms for:
- Rent payment deadlines
- Late fees
- Maintenance responsibilities
- Grounds for termination
3. Work with an Eviction Specialist
Hiring an eviction specialist or attorney can save time, especially if:
- You’re evicting a commercial tenant
- The tenant is challenging the case
- You’ve never gone through the process before
Search for a reliable eviction specialist near me with experience in Illinois landlord-tenant law.
Eviction in Commercial Properties
Commercial evictions often move faster—if the lease includes clauses that waive certain notice periods or expedite possession. However, they can also be more complex due to:
- Business loss claims
- Equipment or inventory disputes
- Negotiated lease exit strategies
Landlords should always consult with legal experts for landlords when dealing with commercial eviction.
What Happens After an Eviction?
Once the tenant is removed:
- You may still need to collect back rent through a separate judgment.
- The tenant’s belongings may be stored or disposed of depending on local law.
- You’ll likely need to clean, repair, and re-rent the property.
You can also report the eviction to credit agencies, which may deter future payment issues.
Final Thoughts
The eviction process in Illinois can be time-consuming, legally complex, and emotionally taxing—but with the right preparation, it doesn’t have to be a nightmare. Whether you’re a seasoned landlord or new to the game, staying informed about your rights and responsibilities is key.
From serving proper notice to enforcing possession through the sheriff, each step must be handled correctly. For peace of mind, consider reaching out to a legal expert for landlords or hiring a trusted eviction specialist near you. It’s the best way to protect your investment and move forward with confidence.
