Forcible Entry and Detainer Lawyer Serving Rolling Meadows, Palatine and Hoffman Estates
Illinois landlords and condo associations often encounter time consuming and expensive obstacles on their way to removing unwanted tenants and delinquent unit owners. Most Illinois landlords, whether they are large property management companies or small time investors, are usually not capable of navigating the subtleties of Illinois' eviction laws without the help of a seasoned attorney. Furthermore, under Illinois law, corporate or LLC landlords or associations are not even permitted to represent themselves in court. For non-corporate property owners, the courtroom setting can be intimidating and confusing. Fortunately, the Chicago/Suburban eviction law firm of Brian M. Krause can help you efficiently manage the process.
Residential and Commercial Evictions
Brian M. Krause handles both residential and commercial evictions. Although the process is similar for both, Illinois law treats residential tenancies differently from commercial tenancies in some key areas. For instance, Illinois law allows commercial leases to include a jury waiver but it does not allow the same for residential leases. It is important to be represented by someone who knows these differences when pursuing an eviction in court. Our firm and its support staff have represented many clients in hundreds of commercial and residential evictions. We are capable of working with a diverse array of clients from large companies with many holdings to individual owners of residential properties.
Subtleties in the Law
The eviction process can sometimes seem straightforward to a pro se party until they actually come to court. Once at court, landlords often find out that there are numerous ways that a tenant can use the law to delay an eviction. Sadly, while a landlord waits to regain possession from a problem tenant, his or her property can sustain expensive damage. Moreover, the landlord can lose time and opportunities to rent to more worthy tenants. You need the careful and thorough advice of an experienced attorney to avoid making the small errors during the eviction process that can result in your case being dismissed. It is important to be advised appropriately right from the very beginning of the process. Most landlords know that the process usually starts with one of three basic kinds of notices:
- 5-day eviction notice: This is the minimum amount of notice required before filing a suit for non-payment of rent.
- 10-day eviction notice: This is the minimum amount of notice required before filing a suit for most other breaches of a written lease.
- 30-day eviction notice: This is the minimum amount of notice required before filing a suit for non-breaching month-to-month tenancies.
Unfortunately, the explanation of the notices mentioned above barely scratches the service of what is required under Illinois law. The most common way to get an eviction case dismissed in court is to make an error on the eviction notice. The appropriateness of these notices also depends on varying circumstances such as lease terms that may require longer notice periods. The wisest and ultimately, most economical course of action is to enlist the help of a knowledgeable attorney before undertaking the eviction of a tenant.
Evictions after Foreclosure
Some of the more challenging evictions involve properties that have been the subject of a foreclosure. Some of the laws that apply to these situations overlap or seemingly conflict with each other. Illinois courts have had to sort out some of these complications after the recent financial crisis. In these situations it is important to determine whether to apply the Illinois mortgage foreclosure laws or to file under the forcible entry and detainer act. We have experience helping purchasers of foreclosed properties and can assist you with filing under the appropriate statutes.
Tenants Often Have the Upper Hand in Chicago Landlord Tenant Disputes
The Chicago Residential Landlord Tenant Ordinance (commonly referred to as "Chicago RLTO") provides tenants with many rights and options. For instance, if you try to evict a tenant but lose in court, you may have to pay the tenant's legal fees as well as damages for improperly assessed late fees. We can help you get clarity on your rights and obligations, so that you can make more informed decisions and get better outcomes.
For a free consultation with our legal team, contact us now. We can help with all Chicago landlord concerns, including litigation, commercial lease renewals, evictions and security deposit fights. Brian M. Krause represents property managers and landlords throughout Cook, DuPage, Kane, Kendall, Lake, and McHenry Counties.