Self-Help Evictions (Lockouts)
In this guide, you'll learn how to avoid illegal self-help evictions.
Skip to:
Overview
Self-help evictions are illegal in Illinois. Trying to kick out a Tenant without a court order, shutting off utilities, and changing locks are all examples of self-help evictions. It doesn't matter what the Tenant has done. You must file an eviction lawsuit if a Tenant refuses to leave - you can't take matters into your own hands.
The Five-Day Notice
The 5-Day Notice tells the Tenant to pay up within the next five days or move out. If the Tenant pays in full before the five days are up, then you must take the money and they can stay. If they don't pay up, then you can file a lawsuit to evict.
Check local ordinances (some may require more than five days). The clock starts on the day after the Tenant is served. You can apply late fees (if your lease allows it). If not, get a better lease.
How do I serve the Five-Day Notice
The completed notice must be served on the Tenants ( 735 ILCS 5/9-211 ). Here's how:
- Personally serve the Tenant,
- By leaving it with someone 13+ years that live at the house; or
- By sending a copy of the notice to the tenant by certified or registered mail, with a returned receipt from the addressee; and
- In case no one is in the actual possession of the premises, then by posting the same on the premises.
Who can serve the notice? Anyone 18+ years old. But it shouldn't be you (problems if need to testify about service at trial).
Want to know you're getting it right?
Join the Legal Plan for $250 / year and never worry about the legal stuff again.
- Unlimited Attorney Help - Talk to a lawyer without getting billed.
- Instant Answers - Step-by-step guides to help solve your problems.
- Ironclad Lease - Updated monthly with the latest legal developments.
- Landlord Forms - New forms are added monthly to make your life easier.
- Private Community - Connect with other Illinois Landlords.
- On-Demand Learning - New content to help you get the legal stuff right.
- Monthly Newsletter - Never miss important legal updates again.
- Exclusive Discounts - Save money on things successful Landlords use.
www.LandlordLegalTeam.com
Enforcing an Eviction Order
Even with an Order for Possession from the Judge, you must wait for a Sheriff to perform the eviction. Attempting to perform the eviction on your own may violate the "peaceful entry" rules. And it will certainly expose you to liability. Only the Sheriff can enforce an eviction
Subscribe to The Brief for emails that help you get the legal stuff right (without going broke).
This article is for general information purposes only and should not be considered legal advice or legal opinion on any specific case and/or circumstance. This article does not create an attorney/client relationship. No guarantee for accuracy, completeness, or changes in the law. The choice of a lawyer is an important decision and should be based solely on advertisements.