New law aims to improve service of process in condos and gated communities

sopNew law makes service on condominiums just a bit easier

Hopefully, things just got a bit easier for process servers in eviction cases.  The State of Illinois has passed an amendment to Section 735 ILCS 5/2-203 of the Illinois Code of Civil Procedure intended to assist process servers in making access to a “gated residential community”.  The new law requires guards in such a community to permit access to the premises to a process server.  The law defines a “gated residential community” as including “a condominium association, housing cooperative, or private community”.

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It’s a special process (server)

serviceThe use of special process servers to serve eviction notices

In most cases, the eviction process begins long before going to court. When a tenant defaults on a lease, fails to pay rent, or when a month-to-month tenancy needs to be terminated, the landlord must serve a “notice of termination” on the tenant.  This usually means placing the notice in the tenant’s hand.

Sometimes, getting the eviction notice served can be one of the hardest parts of the Illinois eviction process. Tenants who are at odds with their landlord or delinquent on rent are somehow able to find ingenious ways to be unavailable, away from home, or downright difficult to serve.  Worse yet, relations between the landlord and tenant can be so strained that a landlord may feel uncomfortable or even unsafe in serving the notice.

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