Landlord Tenant Information

 A landlord can evict a tenant if the tenant:  

• Fails to pay the rent when it is due;    
• Violates any of the terms and conditions of the lease agreement;    
• Damages the property;    
• Does not leave the property after the lease comes to an end; or    
• Does not have a written lease, but pays rent monthly, and the landlord gives a 30 day notice to move.    

A landlord cannot evict a tenant for:  

• Complaining about the unit or building that a building inspector determines is valid;    
• Not paying rent, if the tenant left the property for a period of time because of domestic violence or the threat of domestic violence; or    
• Race, color, ethnicity, sex, disability, religion, discharge from the military, military status, age, marital status, sexual orientation, or rent assistance (like Section 8).    

Also, a landlord cannot evict a tenant if the tenant pays the rent that's due and the landlord accepts it. 

               *   The above has been taken from www.illinoislegalaid.org  and is listed here for informational purposes only and further information can be obtained by visiting www.illinoislegalaid.org .
 

The Eviction Process 

 A landlord must file a lawsuit in order to evict you. Your landlord cannot make you move by turning off your utilities. Also, your landlord may not evict you by locking you out, changing the locks or removing your personal property from the rental unit.  The eviction process is detailed below:
    Your landlord must give you a written notice stating the reason for the eviction. If the      reason is for nonpayment, your landlord must give you five days to pay the rent.  If the      eviction is for violating a provision in the lease, your landlord must give you a 10-day      notice.   
 If you remain in the rental unit after the eviction notice, your landlord can file a lawsuit to evict you. The  Illinois Forcible Entry and Detainer Act (735 ILCS 5/9)  requires your landlord to serve you a summons and complaint.  The summons will require you to appear in court. Go to court on the scheduled day. Remember, you have the right to:     

• Have legal representation at your cost.  
• Have a trial by jury.   
• Present evidence.   
• Call your own witnesses.   
• Ask questions.   

  The burden of proof is on your landlord.  The judge will make a decision.  If you lose your case, the judge will order you to vacate the rental unit.  However, the judge normally will give you some time to move.  You have the right to appeal the decision.  This must be done within 30 days after the trial.  If you do not move out, your landlord may ask the Sheriff’s office to physically evict you.  Remember, only a sheriff can physically evict you.  It is illegal for a landlord to evict you by locking you out.   
                                                                                                             *  Illinois Attorney General
 

A number of law schools, bar associations and nonprofit organizations across the state offer pro bono legal advice and representation for those who are unable to afford legal services.   To locate an organization that may be able to provide you with legal assistance, please consult the following pro bono providers:  

• University Provided Legal Services in Downstate Illinois 

                                                                                                             *  Illinois Attorney General
 

Southern Illinois University School of Law Self Help
  

• Landlord Tenant Rights 

                                                                                                             *  www.law.siu.edu/selfhelp/