If a tenant disputes the complaint, they must attend the hearing, be on time and be in the courtroom when the indictment begins. The tenant must bring documents and evidence to support their arguments against the landlord`s complaint. These documents may include claims, including lease, accounting records, void checks, photos, etc. If the tenant does not show up, the landlord is likely to win. If the landlord does not show up, the eviction action is likely to be dismissed. The tenant then has 4 days to leave. If the tenant has a medical certificate stating that it would be dangerous to leave due to a health problem, the tenant may have up to 15 days to leave. The city of Baltimore has no limit on how long a sick tenant can stay if they have a medical certificate. If the tenant does not leave, the landlord can apply for a “restitution order.” This allows the landlord to make a plan with the constable or sheriff to evict the tenant and take away their belongings. A landlord must apply for an arrest warrant for reimbursement within 60 days of the verdict.
If he waits longer, the verdict expires. If the tenant does not respond within the time limit, the landlord can file documents asking a judge to decide the case without their opinion. If the tenant responds, either party may request a trial in which a judge or jury will decide. If a tenant does not pay the rent on time, the landlord can ask the court to approve the eviction of the tenant. This means that a landlord cannot lock a tenant or force a tenant by turning off heating, water or electricity. If a landlord takes any of these steps without a court order, a tenant can call the police and a lawyer or legal advisory body. Similarly, a landlord cannot use eviction to take revenge for filing a complaint or lawsuit. Once your landlord takes legal action against you, you will be served with a subpoena and a complaint. Illinois law provides specific requirements for the delivery of lawsuits. Typically, you will be served by a Cook County Sheriff`s Officer (or, in some situations, a dedicated process server) either by a personalized service for you or by an alternate service. Substitution service is usually effected by filing a copy of the court documents at the defendant`s habitual residence with a family member or a person residing there who is 13 years of age or older and informing that person of the contents of the summons, provided that the official or any other person notifying the summons also transmits a copy of the summons in a sealed envelope with the costs of postage paid in full in advance. addressed to the defendant at his habitual residence.
They may also be served by publication in certain limited circumstances where a personal or performance service is not possible or has not been successful. The tenant has a few days to file a response with the court Once you have submitted a response, the judge sets a hearing date. After the hearing, the judge will decide whether you should be deported. A tenant can see a landlord`s representative at the courthouse on the day of the hearing. The tenant may choose to enter into an agreement to settle the case through a payment plan or other agreement with the landlord`s representative. However, the tenant is not obliged to reach an agreement with the landlord. The tenant has the right to defend himself before the district court by presenting evidence and witnesses. For example, tenants can prove that they paid the rent or tried to pay the rent, but the landlord would not accept it. This article deals with a landlord who leaves a tenant because he has not paid the rent. At the end of the article, you will find the phone numbers of the people to contact to help with evictions, whether you are a landlord or a tenant. Illinois law requires landlords to provide tenants with written notice of termination before filing an eviction action.
The written notice of termination must contain three points: (1) a description of the rented premises (usually the address); (2) the reason for the termination of the tenancy (usually a non-payment of rent or a breach of a rental provision); and (3) if the lease terminates after notice of termination has been given. Notice periods vary depending on the type of lease you have and the reason for the termination. In some situations, you may have time to resolve the issue(s) before the eviction case is filed with Circuit Court, such as if you have defaulted on rent and received five (5) days` notice from a landlord. Paying the additional rent within five days could prevent an eviction complaint from being filed against you for non-payment of rent. Depending on the facts of your case, you may still have the opportunity to resolve other issues during the notice period. It is important to understand your rights and, if possible, take appropriate action before this notice of termination expires. In this regard, you should consult a lawyer to protect your rights. Once the written notice has been properly served and the notice period has expired, the landlord can take legal action against you and file a lawsuit to chase you away. In particular, the landlord will file a complaint with the Cook County Circuit Court. The landlord cannot evict the tenant until the constable or sheriff is present to allow the tenant to do so. A copy of the “restitution order” is sent to the tenant, warning that the tenant may be evicted. The time and date of the eviction do not appear on the refund order.
The tenant can call the constable or sheriff`s office with the file number to ask when the eviction will take place. In extreme weather conditions, the court may delay evictions day by day. If the landlord does not release the tenant within 60 days of the repayment arrest warrant, the arrest warrant expires. In general, to appeal, a tenant must pay the clerk the court costs and the outstanding rent ordered by the judge. Tenants who are unable to pay can apply to be deemed “destitute,” meaning they are not required to pay outstanding court fees or rent while the case appeals. However, all tenants, including destitute tenants, must pay the rent as due to the court clerk during the appeal (see next question). Anyone who receives public support through the Supplementary Nutrition Assistance Program (SNAP or food stamps), temporary assistance to families in need (TANF or welfare) or Supplementary Security Income (SSI) is considered insolvent. The indigenous form can be found here. It must be filed with the notice of appeal. If you have been convicted of possession or deportation, you have ten (10) days to appeal the judgment to the District Court.