This section will explain the steps a landlord has to take to evict you and give you some idea about how to defend yourself Both you and your landlord have certain duties to each other. If you, the tenant, fail to meet your duties, you may be sued for eviction. But just because your landlord sues for eviction does not mean that the court will evict you.

What can I be evicted for?

You can be evicted for not paying your rent, damaging the apartment, disturbing your neighbors or violating your lease in some other way. If you do not have a written lease, you also can be evicted for no reason if the landlord serves you with a written 30-day notice.

What is a 30-day notice?

A 30-day notice can only be given to you if you have a month-to-month lease or if you have no lease and pay rent monthly. In this situation your landlord can end your lease by giving you a written notice at lease 30 days in advance of when your rent is due. When that time runs out your lease is over, and your landlord can sue for eviction.

If I have a lease can the landlord evict me?

Yes. If you have failed to do something required by your lease or have not kept your apartment in a clean, safe condition, the landlord can sue you for eviction. However, only a judge can order you to move from your apartment..

What if I do not pay my rent?

Before your landlord can sue to evict you, the landlord must give you a chance to pay your rent, regardless of whether or not you have a written lease. The landlord must give you a written notice telling you exactly how much rent you owe and a specific time in which to pay your rent. Your landlord must give you at least 5 days after you have been served with the written notice to pay your rent. This is known as a 5-day written notice. If you pay within the 5 days, the landlord must accept your rent. If you have not paid within the 5 days, your landlord may sue for eviction. If the landlord accepts your full rent after the 5-day notice expires, the landlord loses the right to sue for eviction.

What if my landlord will not take my rent money?

You must offer the total amount of money owed for rent to your landlord. If you think you owe less than your landlord is asking for in the 5-day notice you should pay the full amount you think you owe. Always have a witness present to watch you pay or attempt to pay the landlord. If possible you should pay with a money order or a check so you will have proof that you did offer the amount due.

If the landlord refuses to take the money, you should save it to take with you to court. You cannot be evicted if the landlord refused to take the rent when it was due or during the 5-day period the written notice gave you to pay.

What if I am withholding rent because my landlord will not fix my apartment?

To protect yourself against an eviction action by your landlord, you must follow the proper legal procedure for withholding rent. For more information, see the “Rent Withholding and ‘Repair and Deduct’” section prior to withholding any rent.

What if I violate my lease?

If you break the lease or fail to live up to your duties, then your landlord must tell you in writing what you have done and give you 10 days to fix it. This is known as a 10-day notice. After the 10 days, if you have not fixed the problem, then the lease is ended and your landlord can sue for eviction.

What is the proper way to serve one of these notices?

The notice must be given to you, or left with someone who lives in your household who is at least 13 years old, or sent by certified or registered mail. The landlord may only post it on the apartment door if you no longer live in the apartment. For example, if the notice was given to a child under 13 or if it is put under the door, it is not valid, and you should inform the court of this when you appear in court.

What can I be sued for if my landlord takes me to court for eviction?

The landlord can sue you for one or both of the following: possession of the apartment and rent. When suing for possession, the landlord is seeking the return of the apartment. When suing for rent, the landlord is seeking a money judgment in the amount of rent you owe. The landlord can sue for court costs and for attorney’s fees, but does not automatically win them.

How do I know if I am being sued for eviction?

After the landlord files suit you must be given a summons to appear in court. The date of the trial is on the summons. Your court date will be between 14 and 40 days from the date on the summons. The summons must be given to you, or a member of your household over the age of 13, no less than 7 days before the trial. If the dates are incorrect, tell the judge when you go to court.

What does my landlord have to prove to get me evicted?

The landlord must prove:

·         that the landlord has a right to possession of the apartment; and

·         that you violated the lease or stayed in the apartment after the lease ended; and

·         that the landlord has properly ended the lease by serving written notice; and

·         that there is rent due (if the landlord is suing for rent); and

·         that the landlord has properly filed suit.

For more information on leases and lease renewals, see the “Leases” section.

When I get to court will I be able to talk to the judge?

Yes. You should be well prepared to tell your side of the story. You will have a very short time to present it. The best way to present your case is to introduce yourself, and then tell the judge the facts in an organized manner. You should write it out beforehand, so you will not forget anything. You should also have with you any receipts, pictures, or witnesses that you wish to show the judge. Remember to keep it short.

What kind of defenses can I use?

Among other things, you can tell the judge have already paid or offered to pay the rent. You can prove this by showing the court a canceled check or receipt, or by bringing a witness to court to say you actually paid or tried to pay the rent.

You can tell the judge you did not receive the correct written notice that the lease was to be ended, or that it was not given to you properly.

If you received a 10-day notice, you can tell the judge that you fixed the problem within 10 days.

You can tell the judge that you are withholding rent by following the city law because of a problem with the building or that you have repaired a problem and are deducting the costs from the rent according to city law. To do so, bring a copy of your letters to your landlord to court with you. For more information, see the “Rent Withholding and ‘Repair and Deduct’” section.

There are many other defenses to an eviction suit, so talk with a lawyer before you go to court.

If the judge orders me evicted, how long do I have before I must move?

According to the law you must get at least 5 days, but the courts will generally give you an extra day or two if you appear in court. If you have special circumstances that make it difficult for you to move in the time the court gives you, explain your situation to the judge and ask for more time.

Who can remove my belongings from my apartment?

Only the Sheriff of Cook County can actually move your belongings from your apartment. The Sheriff can only do this after the landlord gets permission from the courts for your eviction. If your landlord attempts to move your belongings, call the police immediately. For more information, see the “Lockouts and Retaliation” section.