Evictions Attorney in DuPage County, Illinois

Evictions can be difficult, but you can rely on Donna Craft Cain PC to support you every step of the way. Whether you’re a landlord facing tenant issues or a tenant needing guidance, our team is committed to providing personalized legal solutions tailored to your needs. 

Our firm brings experience and dedication to every case, along with a tradition of excellence—a legacy that extends through generations of legal professionals. Based in DuPage County, Illinois, we also serve Villa Park, Cook County, Kane County, Will County, McHenry County, and Lake County. 

Read on to learn more about evictions and the laws governing evictions in Illinois. 

What Is an Eviction?

An eviction is a legal process through which a landlord seeks to remove a tenant from a rental property. This process typically occurs when tenants fail to meet the terms of their lease agreement, such as failing to pay rent or violating lease terms.  

The eviction procedure usually begins with the landlord providing formal notice to the tenant, outlining the reason for the eviction and any actions the tenant can take to remedy the situation. If the issue is not resolved, the landlord may file a lawsuit in court to obtain an eviction order.  

It is important to note that evictions are governed by state and local laws, which can vary significantly. Therefore, both landlords and tenants should understand their rights and responsibilities during this process to avoid potential legal complications. 

Why Legal Assistance Is Necessary for Evictions

Evictions can be a legally intricate and emotionally charged process. Whether you are a landlord or a tenant, the stakes are high, and the consequences are significant. A lawyer can help streamline the process, providing clarity, peace of mind, and a path forward that respects both parties' rights and responsibilities. 

For Landlords

If you're a landlord, managing property can sometimes mean dealing with difficult tenants or rental agreements gone awry. A lawyer can assist in drafting leases that safeguard your interests and ensure compliance with Illinois law. From beginning the eviction process to representing you in court if necessary, having knowledgeable legal counsel can make all the difference. 

For Tenants

Tenants facing eviction are often overwhelmed by the process and unsure of their rights. We provide the guidance you need to understand the legal implications of your situation, work toward a resolution, and avoid unlawful eviction practices. 

Eviction Laws in Illinois

Illinois law offers a clear framework for eviction proceedings, protecting the rights of both landlords and tenants. Understanding these laws is essential for anyone involved in a rental agreement. 

Legal Grounds for Eviction 

Landlords in Illinois can pursue eviction under several conditions: 

• Non-payment of rent: If a tenant fails to pay rent, landlords must provide a five-day notice before filing for eviction. 

• Violation of lease terms: Breaching lease terms, such as unauthorized pets or illegal activities, requires a ten-day notice for rectification, or eviction proceedings can begin. 

• Termination of lease: When a lease ends, landlords must notify tenants to vacate the premises. A 30-day notice is standard for month-to-month leases. 

• Criminal activity: If a tenant engages in criminal activity on the premises, landlords can initiate eviction proceedings immediately, provided they have documented evidence or reports from law enforcement. 

• Property damage: If a tenant causes significant damage to the property beyond normal wear and tear, landlords must give a ten-day notice to rectify the issue, or they may proceed with eviction. 

• Endangerment of safety: If tenants pose a threat to the health or safety of others—such as through illegal drug use, fire hazards, or other dangerous behavior—landlords can seek eviction with a five-day notice to vacate. 

Tenant Rights 

Tenants are protected under Illinois law from unfair eviction practices: 

• Due process: Tenants must receive proper notice before eviction. Failure to comply with legal procedures can result in the dismissal of the eviction case. 

• Retaliation and discrimination: Landlords cannot evict tenants in retaliation for reporting housing violations or engaging in legally protected activities. 

• Right to withhold rent: Tenants have the right to withhold rent if the landlord fails to provide essential services or maintain the property in habitable condition. However, this should be done carefully and typically requires the tenant to notify the landlord of the issue first. 

• Right to legal representation: Tenants have the right to seek legal representation during eviction proceedings. They can access legal aid and resources to ensure their rights are defended adequately in court. 

• Right to challenge the eviction: Tenants can contest an eviction notice in court if they believe it is unjust or unlawful. They have the right to present evidence and argue their case, providing an opportunity to potentially overturn the eviction. 

Court Procedures

In the event of a dispute, both parties must present their cases to a judge. The court will evaluate the evidence and issue a judgment based on the merits of the case. Legal representation can be invaluable in presenting a compelling case in court. 

For those in DuPage County, Illinois, Villa Park, Cook County, Kane County, Will County, McHenry County, and Lake County, we're here to provide the reassuring presence you need during challenging times. Call us to learn how our attorneys can help you with your eviction concerns.