What does forcible detainer?
A forcible detainer occurs if a person unlawfully holds possession of any real property through violence or threats, or unlawfully enters a rental unit at nighttime or during the occupant’s absence and refuses to surrender for five days after a demand to return possession.
What is forcible entry and detainer in Illinois?
The Illinois Forcible Entry and Detainer Act, at 735 ILCS 5/9-101 provides: Forcible entry prohibited. No person shall make an entry into lands or tenements except in cases where entry is allowed by law, and in such cases he or she shall not enter with force, but in a peaceable manner.
How do I remove a forcible detainer?
If you have an eviction record on your background, you can petition the court in the county where the case was filed to have the record expunged, or sealed. This typically requires filing a petition with the court and paying a filing…
Can you be evicted during coronavirus Il?
Protections for renters in Chicago If you fall behind on rent due to Covid-19, your landlord must explain your rights in writing. You have 5 days to respond in writing how COVID has impacted your income. If you can’t come to an agreement, the landlord can file an eviction.
What happens if I don’t respond to unlawful detainer?
What happens if you don’t respond within that time frame? The court will enter a default judgment in favor of the landlord, which means the court awarded your right to live in your home to your landlord. This default judgment allows the landlord to obtain a writ of possession.
How long does it take for the sheriff to evict in Illinois?
Evicting a tenant in Illinois can take about 2 weeks to 5 months depending on the type of eviction and whether a stay of execution is granted, or a default judgment is vacated (read more). Below are the individual steps of the eviction process in Illinois.
Can you be evicted in winter in Illinois?
Winter evictions are possible, so long as the standard eviction procedure is followed. In most of Illinois, there are no winter restrictions at all. If you receive a proper notice of eviction from your landlord, you have five days to pay or leave.
How do I remove an eviction from public records?
You can remove your eviction from your public record by petitioning the court, winning your case or disputing an inaccurately reported eviction. While the process is more difficult, it’s not impossible.
Is the eviction moratorium still in effect in Illinois?
3, Gov. JB Pritzker’s Office Says. “Illinois’ eviction moratorium is still winding down in order to give the renters and landlords time to utilize all available resources for relief,” Abudayyeh said in a statement. …
Can a tenant be named as a defendant under Illinois forcible entry law?
If the complaint alleges that the unit is occupied or may be occupied by persons other than or in addition to the unit owner of record, that the identities of the persons are concealed and unknown, they may be named and joined as defendant “Unknown Occupants”.
When is forcible entry prohibited in the United States?
Forcible entry prohibited. No person shall make an entry into lands or tenements except in cases where entry is allowed by law, and in such cases he or she shall not enter with force, but in a peaceable manner. (735 ILCS 5/9-101) Sec. 9-101. When action may be maintained.
When is a forcible entry made in a tenement?
(1) When a forcible entry is made thereon. (2) When a peaceable entry is made and the possession unlawfully withheld. (3) When entry is made into vacant or unoccupied lands or tenements without right or title.
How to demand immediate possession of a property in Illinois?
I hereby demand immediate possession of the following described premises: (describing the same.) The demand shall be signed by the person claiming such possession, his or her agent, or attorney. (735 ILCS 5/9-104) Sec. 9-104. Demand; Notice; Return; Condominium and Contract Purchasers.