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[IL] What steps are involved in filing an eviction lawsuit against a tenant?
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I would like to talk to someone about evicting a tenant in Chicago, IL.
I understand that dealing with tenant issues can be quite stressful. Have you already started the eviction process, or are you looking for guidance on how to begin?
I'm looking for guidance on how to begin.
What specific reasons do you have for wanting to evict the tenant?
Her lease ended March 31, 2026. She's a Section 8 tenant, and I've been notified she lost her voucher and I won't be getting paid after August 31st. She hasn't paid her portion of rent for June or July. She hasn't given a timeline for when she will pay or when she will move out. It's always the same excuse, that she's working on it.
Is there anything else the lawyer should know before I connect you? Rest assured, they'll be able to help with your eviction process.
No.
Thank you for choosing our service! My name is Jessica, and I am a licensed attorney who will be assisting you with your question. I understand you're dealing with a situation where your tenant's lease has ended, and she has lost her Section 8 voucher, resulting in non-payment of rent. Have you considered any legal steps to address this situation?
This is the first time I've taken any steps towards legal action. I've been more than understanding with her.
Have you provided any written notice to your tenant about the non-payment of rent or the end of the lease? If so, what kind of notice was it?
If possible, I'm hoping I can file this eviction myself through your guidance. I have very detailed records. I provided a non-renewal notice to her on January 20, 2026, 77 days prior to the lease ending. Since the lease ended, I have not sent her notices for non-payment other than text messages.
Notify the Chicago Housing Authority (CHA) of the tenant's loss of voucher and the termination of your HAP contract.
They actually notified me that she lost her voucher and they would stop payment August 31st, which is why I'm considering the eviction now. I don't think she has motivation to move anymore.
File an Eviction Lawsuit
- Visit the Court: Go to the Clerk of the Circuit Court of Cook County to file a Joint Action Complaint for Eviction.
- Request Damages: Ask the court for both possession of the property and back rent for June, July, and any unpaid holdover days.
- Pay Filing Fees: Prepare to pay the required county filing fees, which vary based on the total amount of back rent you are claiming.
This process falls under Illinois's Forcible Entry and Detainer Act, which governs when an eviction action may be brought (735 ILCS 5/9-102) and sets out the demand-for-rent procedure that applies before filing on nonpayment grounds (735 ILCS 5/9-209).
Serve the Summons
- Hire the Sheriff: Direct the Cook County Sheriff's Office to serve the eviction summons and complaint to the tenant.
- Use a Private Process Server: Request court permission to use a licensed private process server if the sheriff is unable to successfully serve the tenant after multiple attempts.
As far as the paperwork, is there any template I could use to file the eviction?
After she is served, the court will schedule an eviction hearing date. You will need to attend the hearing and bring your documents with you. This is when the judge will sign the eviction court order. If after the order is signed the tenant still refuses to vacate, then the sheriff will remove her from the property.
Okay, thank you for your assistance.
I hope I was able to help resolve your issue! If you have any other questions, feel free to ask. Just a friendly reminder, don't hesitate to reach out whenever you need assistance!
You were, thank you for your help, Jessica!
You're very welcome! I'm glad I could help. If you have any more questions in the future, feel free to reach out. Have a great day!
Actually, I had one more question. Should I serve the eviction notice now or after I file the complaint? I've already given her a non-renewal notice in January, and I have text messages asking her for an update on when she will be moving out every month since the lease ended.
It's best to serve the eviction notice before filing the complaint. This gives the tenant a final opportunity to resolve the issue before legal action is taken. Since you've already given a non-renewal notice and have communicated via text, serving a formal eviction notice now would be the next step. This notice should clearly state the reason for eviction, such as non-payment of rent, and give a deadline for the tenant to vacate or pay the owed rent. Once that's done, you can proceed with filing the complaint if necessary.
I'll be filing the eviction regardless of payment. My primary concern now is gaining possession, so even if she pays for the months she owes, that won't stop the eviction process. I'm evicting her because her lease has ended and Section 8 will no longer be covering her voucher. So my question is, since I served a non-renewal notice in January, is it necessary to give additional notice before I file the complaint?
Since you've already served a non-renewal notice in January and the lease has ended, you typically wouldn't need to serve an additional notice before filing the eviction complaint. The non-renewal notice serves as sufficient notice that the lease would not be extended. You can proceed with filing the eviction complaint to regain possession of the property.
Okay, thank you for your help, Jessica!
You're welcome! Have a great day!
I have a question regarding the way I originally served my non-renewal notice. I texted my tenant, letting her know I wouldn't be renewing, and I put the signed notice in her mailbox. She acknowledged in the text that she understood I wouldn't be renewing the lease, but from what I'm reading on the Affidavit of Service, I did not properly serve her a non-renewal notice. Can I still proceed with the eviction?
In Illinois, proper service of a notice is crucial for it to be legally valid. Typically, notices should be personally delivered or sent via certified mail to ensure proper service. Since your tenant acknowledged the notice via text, it might help your case, but it could still be challenged in court if the service method doesn't meet legal requirements. To strengthen your position, you might consider serving a new notice using a method that complies with legal standards, such as personal delivery or certified mail. This way, you can ensure that the notice is properly served and avoid potential issues during the eviction process.
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