Cook County Evictions – The More You Know
It is every landlord’s dread to have to proceed with an eviction of a tenant. Many landlords are hesitant to start, especially in Cook County, due to Cook County’s favorable tenant ordinances. However, by following these simple steps and setting your expectations appropriately, the experience does not need to be dreadful for you.
Step 1: Serve a 5 Day Notice to Vacate on the tenant
After a tenant is delinquent on rent, you must notify the tenant of their default by serving a 5 day notice on the tenant. Service of the 5 day must be in accordance with the lease agreement or any method as provided by the Illinois Code of Civil Procedure.
Step 2: File and Serve Eviction Paperwork
In the event the tenant fails to pay the specified amount in the 5 day notice within the allotted time period, then you must file the necessary eviction court documents no later than 30 days after the date of the 5 day in the appropriate district court.
Once the court documents are filed by the district court, then you must serve the court documents on the tenant. Serve must first be completed by the Cook County Sheriff’s Office.
If the Cook County Sheriff's Office is not successful in serving the court documents on the tenant, then you may request a special process server. Requesting a special process server requires the court’s prior approval.
Step 3: Obtain and Enforce Eviction Judgment
Once you have served the tenant (whether by Sheriff or special process server), you will ask the court for an eviction judgment.
Once you have the eviction judgment, and after expiration of the judgment’s stay date, you will need to file the judgment with the Cook County Sheriff’s Office to schedule the eviction.
These steps seem simple and straightforward, which they are, but your anticipated timeline will vary from case to case. Generally, in Cook County, it will take about 3-6 months from 5 day notice to eviction date. Contact Rachel with any specific questions you have regarding your properties and/or tenants. Most cases follow this general step by step instructions and timeline, but each case is unique, may require more steps, and an extended timeline.
This article shall not be deemed as legal advice. Consult an attorney for advice regarding your situation and needs.