eviction

Length of time for the Cook County Illinois eviction process

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How long does it take to remove a tenant in a Cook County forcible entry and detainer case?

Landlord tenant disputes and evictions come in all shapes and sizes.  In the end, there are only two legal ways for a landlord to get possession of rental property back from a tenant: (1) turnover of actual possession by the tenant or (2) an eviction order from a judge (known as an order for possession) executed (aka enforced) by the county Sheriff.  If the tenant cannot be persuaded to turn over possession and the landlord has grounds for eviction, the landlord’s only remedy is to take the tenant to court.  So how long does the court process take?

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Cook County Sheriff’s Eviction Procedure

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See this post for an UPDATE (September 2018).  After the stay on an eviction order expires, what happens next?  In Cook County, a prevailing plaintiff landlord with an eviction order is allowed to “place” the eviction order for possession with the Eviction Office of the Cook County Sheriff for civil processing.  Basically, this means that two certified copies and two additional copies of the court order (obtained from the Clerk of the Circuit Court) are brought to the Sheriff’s office, a fee is paid, an “eviction disclosure form” is filled out and filed, and the eviction gets in line with the rest of the evictions waiting to be processed by the Sheriff.  As of January, 2011, the Sheriff’s fee is $60.50.

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Breaking Down the Landlord’s Five Day Notice

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five day noticeThe most common notice to terminate a tenancy is a five day notice.  This is the notice that is generally required when a tenant fails to make timely payment of rent.  The requirements for a demand for rent are contained in Section 9-209 of the Illinois Forcible Entry and Detainer Act.  The act provides in part:

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Proper Service of an Illinois Eviction Notice

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In almost all instances, I advise my clients that an eviction notice, such as a five day notice for nonpayment of rent, be served personally on the tenant.  Personal service means putting the notice in a person’s hands.  Section 9-211 of the Illinois Forcible Entry and Detainer Act provides the law with respect to service of any demand or notice as follows:

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