Eviction Attorney for Landlords
SERVING WAUKEGAN, LIBERTYVILLE, LAKE COUNTY, GURNEE & NEARBY AREAS OF ILLINOIS
Dealing with problem tenants uses up your resources, not least of which is your time and energy. Having our experienced eviction attorneys on your side ensures all steps in the process are carried out correctly and efficiently, with the goal of resolving the process effectively in a timely manner. Don't let missteps in the process end up costing your financially or in other ways.
Representing Landlords in Illinois
Regarding non-payment of rent or problem tenants, our attorneys can provide assistance both with building the right foundation (the lease) and eviction when things go wrong. We can help with:
- Drafting a lease agreement
- Evicting a current tenant
- Preparing the eviction notice (5, 10 or 30-day notice)
- Ensuring proper service of the notice
- Planning and carrying out all phases of the court hearing
As a landlord, you probably already know the wording and content of your lease agreement is vital. The lease sets the expectations and parameters for the renter, including what happens when rent is not paid in full and/or not paid on time. Our attorneys help with writing lease agreements. You'll be able to rest assured that you have laid out the right parameters in the agreement.
Our real estate attorneys also assist with evictions. We can help you with many aspects, including ensuring the eviction is legally justifiable and that procedural mistakes are not made. Such mistakes could end up being very expensive in the end.
The Eviction Process
Eviction may be appropriate for any number of reasons, such as:
- Non-payment of rent
- Violation of rental agreement
- Criminal activity
If your tenant violates the lease terms and does not promptly correct the violation(s), you can move forward with the eviction process. Most evictions stem from a failure to pay rent, though tenants can also be evicted for violating other provisions of the lease.
The following process must be followed when evicting a tenant:
- First, you serve a tenant with a notice to correct or notice of eviction. There are several different forms landlords can use for this, and we will help you choose the right one.
- Second, depending on which notice you use, landlords must wait the appropriate time period before filing suit. That usually ranges from five to 30 days.
- Third, once that period of time is over, you must file the required forms with the Clerk of the Circuit Court. Thaddeus M. Bond Jr. & Associates will help you fill out the complaint, attach all the necessary paperwork and file it.
- Fourth, have the sheriff’s office or private process server serve the tenant with a copy of the eviction complaint.
Finally, there will be a hearing to determine if the eviction will come through. We will help you prepare for this hearing. That will include assembling all the necessary paperwork and witnesses. As a landlord, you have the burden of proof in an eviction case. You must prove the tenant violated the lease and that you have followed all the necessary steps.
If you win your hearing, the judge will present an order for the tenant to vacate the premises and pay a certain amount of money damages. You should understand two things:
- First, the tenant will usually have a certain period of time in which he or she can pay off the damages, so you will likely not receive that money immediately, if at all.
- Second, you cannot enforce the eviction order yourself. You must enlist the help of the local sheriff if the tenant will not abide by the possession order.
We also assist with trial if necessary. We will represent you at the hearing and obtain the best possible outcome on your behalf. If the tenant still does not vacate the premises, the Sheriff must physically remove them. We can help with all aspects of this process.
Our Fees for Eviction Services
We charge a flat fee of $500.00 plus actual costs for an uncontested eviction case. When a tenant requests and is granted a trial or otherwise challenges a default judgment, our fee will increase to $800.00 plus actual costs. Costs can vary from case to case and include the court filing fee, service of process fees and/or the costs to have the Sheriff schedule and attend an eviction. Our fee shall be the aforesaid amount regardless of any award of attorney's fees or costs made by the presiding judge. Although many leases provide that the landlord is entitled to fees and costs, the amount awarded, if any, is left to the discretion of the judge and may or may not be the same as our firm's fee.
Our fee covers only the preparation and filing of the pre-suit notice and complaint, arranging for service of process, attendance at scheduled court hearings and/or trial and scheduling of an eviction if necessary. It does not include collection of any monetary judgment that might be rendered. Post judgment collection proceedings are a separate matter that will require additional court costs and proceedings. Our firm will, if you request, record your judgment on the public records but will not otherwise handle post judgment collection proceedings.
If the tenant leaves the property after the pre-suit notice is served but before a lawsuit is filed, our fee will be $100 plus the costs for the process server.
In order to get started, we will need a copy of your lease as well as a statement showing the unpaid amounts due. If you prepared your own 5-day notice, we will need a copy of that as well.
Your Complimentary Consultation
If you are a landlord seeking legal assistance with an eviction in Illinois, please call us for a complimentary consultation, at 847.599.9101. We have been proudly fighting on behalf of our clients for many years. Our offices are located in Libertyville and Waukegan, and we serve areas across the region, including Gurnee and all of Lake County.