If you are a landlord with a tenant that is not paying rent or has breached a lease some other way, it is important that you contact an attorney that is well versed in the eviction process.  In Illinois, evictions are governed by the Illinois Forcible Entry and Detainer Act.  The attorneys at Angelina & Herrick, P.C. will make certain that the rules of the Act are followed to protect your rights under the Act and properly evict the tenant as quickly as possible.  For consultation with one of attorneys and to discuss what we can do to help, please call us at (847) 873-0590.

 

FREQUENTLY ASKED QUESTIONS

 

1.   What is the eviction process?

First, proper notice must be served on the tenant.  If the tenant fails to come current on the rent or cure some other breach of the lease, a formal eviction complaint is filed with the court.  The complaint is served on the tenant by the sheriff.  If the case cannot be settled out of court, there is a trial. 

 

2.  How does a landlord serve notice to a tenant?

If the tenant has not paid rent, a five day notice must be placed on the tenant’s door.  For other forms of breach of the lease, a ten day notice must be attached to the door.

 

3.  If a tenant breaks the lease and moves out, is the landlord entitled to the rent for the remainder of the lease term?

Yes, but the landlord has a duty to mitigate his/her damages if the parties cannot agree on how much of the remaining rent will be paid.

 

4.  What is a “duty to mitigate?”

This means that a landlord must attempt to reduce the damages by trying to find a new  tenant or accepting a suitable person to take over the remainder of the lease.