How to Evict a Tenant in Cook County

The eviction process in Cook County can be complex and time-consuming. As a landlord, understanding the legal procedures and requirements is crucial to ensure a smooth eviction process. This guide provides a detailed overview of how to evict a tenant in Cook County in 2024, based on Illinois law and current practices.

Step 1: Serving the Five-Day Notice

The eviction process begins with serving a five-day notice to the tenant (this is for evicting based on non-payment of rent). This notice informs the tenant that they have five days to pay the overdue rent or vacate the premises.

Important Considerations for the Five-Day Notice:

Specific Language: The five-day notice must include specific legal language. It is advisable to consult with a professional property manager or an attorney to ensure the notice is correctly worded. Incorrectly worded notices can lead to dismissal of your case by a judge, requiring you to start the process over.
Document All Occupants: Include all known tenant names and "all unknown occupants" on the notice. This ensures that anyone living in the unit is legally notified and prevents claims of ignorance of the eviction.
Personal Delivery: The notice generally must be hand-delivered to the tenant or someone over 13 years of age living in the household. Alternatively, a Special Process Server can be used, which may take additional time and incur extra costs.

For more details on drafting a proper eviction notice, visit our Drafting Eviction Notice in Illinois page.

Step 2: During the Five-Day Notice Window

Once the five-day notice is served, landlords can still collect past-due rent. However, payment collected will void the notice, and a new five-day notice must be served with the updated amount (unless the 5 Day Notice provides otherwise).

Calendar Days: The five-day notice period includes calendar days, not business days. The notice expires on the sixth day, regardless of weekends or holidays.

For more information on managing rent arrears, visit our Rent Arrears and Eviction page.

Step 3: Filing for Eviction

If the tenant fails to pay the overdue rent within the five-day notice period, the next step is to file for eviction. This involves submitting the five-day notice, lease agreement, and tenant ledger to an attorney for filing.

Attorney Assistance: It is highly recommended to use an attorney specializing in evictions. Experienced attorneys have access to e-filing portals, allowing for quicker submission and processing of the eviction lawsuit.
Physical Filing: If opting to file without an attorney, landlords can physically visit one of the courthouses to file the lawsuit.

Learn more about the legal grounds for eviction on our Legal Grounds for Eviction in Illinois page.

Step 4: After Filing and Before the First Court Date

Once the eviction lawsuit is filed, the Cook County Sheriff must attempt to serve the notice to the tenant. The sheriff typically makes one to three attempts to serve the notice, with a success rate of around 40%..

Special Process Server: If the sheriff is unsuccessful, landlords can hire a Special Process Server to serve the notice. This can add extra time and costs to the process.
Court Date Assignment: The first court date is usually set 30–45 days from the filing date in Cook County.

For a detailed step-by-step guide on the eviction process, visit our Eviction Process Step-by-Step in Illinois page.

Step 5: Preparing for the First Court Date

Once the eviction lawsuit is filed, you will receive a Court Date. The first court date is assigned to an "intake" courtroom, where initial proceedings begin.

Possible Outcomes at the First Court Date:

Sheriff Unsuccessful in Serving Notice: If the Cook County Sheriff is unable to serve the notice, the first court date will likely be a request for another 21-30 days to hire a Special Process Server.
Sheriff Successful in Serving Notice:
- Tenant Appears in Court: If the tenant appears, the court may grant a 30-day extension for the tenant to utilize resources like rental assistance or mediation through the Early Resolution Program (ERP).
- Tenant Does Not Appear: The judge may grant a 14-30 day extension to give the tenant another chance to pay the rent.

Step 6: Second Court Date

At this stage, the judge assesses whether the tenant has exhausted all ERP resources and whether an agreement has been made. If no agreement has been made, the case is usually set for trial. This trial date is typically about 30 days later.

Step 7: Trial Date

The parties will appear in court for a trial on the issues of rental arrearage (if eviction based on non-payment of rent) and possession. If the tenant does not show up, a judgment may be given to the landlord.

Order of Possession Granted: If the Plaintiff is successful, the judge may issue an order for the tenant to vacate the property within 7-14 days. If the tenant does not leave, the landlord must file this order with the sheriff to enforce the eviction.

Step 8: Filing with the Cook County Sheriff

Once the judge grants an order of possession, filing this order with the Cook County Sheriff places the case on the eviction day list. This step incurs additional costs, typically between around $60.

Step 9: Waiting on the Sheriff

The sheriff's office schedules the actual eviction date, usually 4-6 weeks after receiving the possession order. The landlord receives a 24 hour notice before the eviction is executed. During this period, landlords must be prepared to meet the sheriff at the property.

Step 10: Eviction Day

On the day of eviction, the sheriff removes the tenant, and the landlord can place the tenant's belongings on the front lawn or arrange for the tenant to come back and clear out the unit.

Additional Considerations: Holiday and Winter Eviction Moratoriums

Cook County enforces eviction moratoriums during mid-December to early January and during extreme weather conditions. Landlords should be aware of these periods since they may delay the Eviction Process.

For assistance with leasing agreements and ensuring compliance with Illinois eviction laws, visit our Leasing Agreements in Illinois and Legal Grounds for Eviction in Illinois pages.

Need to Evict a Tenant? Contact Us Today!

Properly handling the eviction process in Cook County requires patience and following the proper legal procedures. At Maksimovich & Associates, P.C., we are here to guide you through each step, ensuring compliance with Illinois law and protecting your rights as a landlord. For assistance in evicting a tenant, Contact Us today.

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