Evictions Toolkit
Transcription
Evictions Toolkit
Evictions Toolkit for Lake County, Illinois provided by Mel Metts Graff Realty, Inc. 28 W. Grand Avenue Fox Lake, IL 60020 847-949-6045 847-223-0103 Fax [email protected] This information does not constitute legal advice. Contact an attorney before proceeding. www.graffrealty.com Instructions LANDLORD'S FIVE DAYS' NOTICE Prepare the Five Day Notice in duplicate; keep the original and give the copy to the tenant. Do not serve the five day notice on the day the rent is due. Wait until the rent is LATE (if the rent is due on the first of the month, you can serve on the second). Allow five full days after you serve before filing the Forcible Complaint. If you serve the notice on the 2nd, you can file the Forcible on the 8th. AFFIDAVIT OF SERVICE Always leave the Affidavit of Service blank until AFTER the Five Day Notice has been served. Before you file the Forcible Complaint, you should complete the Affidavit of Service and have it notarized. Bring a PHOTOCOPY of the Five Day Notice (with Affidavit of Service) to the courthouse when you file the Forcible Complaint. Give it to the Clerk to include in the court file. When filing the Forcible Complaint, bring a photocopy of the tenant's lease to be included in the court file as well. HOUSING ASSISTANCE AGENCIESWhy not provide a list of agencies who may assist tenants who are behind on rent? We print the list on the back of the Five Day Notice. CODE OF CIVIL PROCEDURE ILLINOIS COMPILED STATUTES ARTICLE IX - FORCIBLE ENTRY AND DETAINER (735 ILCS 5/9-209) Sec. 9-209. Demand for rent - Action for possession. A landlord or his or her agent may, any time after rent is due, demand payment thereof and notify the tenant, in writing, that unless payment is made within a time mentioned in such notice, not less than 5 days after service thereof, the lease will be terminated. If the tenant does not within the time mentioned in such notice, pay the rent due, the landlord may consider the lease ended, and sue for the possession under the statute in relation to forcible entry and detainer, or maintain ejectment without further notice or demand. A claim for rent may be joined in the complaint, and a judgment obtained for the amount of rent found due, in any action or proceeding brought, in an action of forcible entry and deta iner for the possession of the leased premises, under this Section. Notice made pursuant to this Section shall, as hereinafter stated, not be invalidated by payments of past due rent demanded in the notice, when the payments do not, at the end of the notice period, total the amount demanded in the notice. The landlord may, however, agree in writing to continue the lease in exchange for receiving partial payment. To prevent invalidation, the notice must prominently state: "Only FULL PAYMENT of the rent demanded in this notice will waive the landlord's right to terminate the lease under this notice, unless the landlord agrees in writing to continue the lease in exchange for receiving partial payment." Collection by the landlord of past rent due after the filing of a suit for possession or ejectment pursuant to failure of the tenant to pay the rent demanded in the notice shall not invalidate the suit. (Source: P.A. 83-1398.) (735 ILCS 5/9-211) Sec. 9-211. Service of demand or notice. Any demand may be made or notice served by delivering a written or printed, or partly written and printed, copy thereof to the tenant, or by leaving the same with some person of the age of 13 years or upwards, residing on or in possession of the premises; 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. (Source: P.A. 83-355.) (735 ILCS 5/9-212) Sec. 9-212. Evidence of service. When such demand is made or notice served by an officer authorized to serve process, the officer's return is prima facie evidence of the facts therein stated, and if such demand is made or notice served by any person not an officer, the return may be sworn to by the person serving the same, and is then prima facie evidence of the facts therein stated. (Source: P.A. 82-280.) LANDLORD'S FIVE DAYS' NOTICE To ________________________________________ _________________________________________________________ and unknown occupants You are hereby notified that there is now due the undersigned landlord the sum of ______________________________________ (____________) Dollars and ________________ Cents, being rent for the premises situated in the ______________________________________, County of Lake, and State of Illinois, described as follows, to wit: _________________________________________ ___________________________________________ __ _________________________________________________________________________________ __________________ together with all buildings, sheds, closets, out-buildings, garages and barns used in connection with said premises, And you are further notified that payment of said sum so due has been and is hereby demanded of you, and that unless payment thereof is made on or before the expiration of five days after service of this notice your lease of said premises will be terminated. __________________________________________________________ is hereby authorized to receive said rent so due, for the undersigned. Only FULL PAYMENT of the rent demanded in this notice will waive the landlord's right to terminate the lease under this notice, unless the landlord agrees in writing to continue the lease in exchange for receiving partial payment. Dated this ____________________________ day of _________________________, 20_____. _________________________________________________ Landlord /Agent -------------------------------------------------------------------------------------------------------------------------------- ----------STATE OF ILLINOIS ) ) SS. AFFIDAVIT OF SERVICE COUNTY OF LAKE ) __________________________________________, being duly sworn, on oath deposes and says that on the ________________ day of _______________________, 20_____ therein, as follows: __ he served the within notice on the tenant named Q (1) by delivering a copy thereof to the within named tenant, ___________________________ ___________________. Q (2) by delivering a copy thereof to ____________________________________________________, a person above the age of thirteen years, residing on or in charge of the within described premises. Q (3) by sending a copy thereof to said tenant by **(certified/registered) mail, with request for return of receipt from the addressee. (**circle one) Q (4) by posting a copy thereof on the main door of the within described premises, no one being in actual possession thereof. Subscribed and sworn to before me this __________ day of ______________________, 20_____ ) ___________________________________ ) _____________________________________________ ) Notary Public (OPTIONAL) PRINT ON BACK OF FIVE-DAY NOTICE Housing Assistance Agencies in Lake County Phone Fax American Red Cross 847-949-1000 Catholic Charities of Lake County 847-249-3500 Christian Outreach of Lutherans 847-662-1340 Clara Abbott Foundation (Abbott employees) 847-937-1090 Community Youth Network, Inc. 847-548-6000 847-548-6040 Housing Authority of Lake County 847-223-1170 847-223-7910 Housing Authority of North Chicago 847-785-4300 847-785-4308 Housing Authority of Waukegan 847-244-1595 847-244-8591 Lake County Community Action Project 847-249-4330 Lake County Public Aid 847-336-5212 Maristella 847-367-5360 Navy Marine Corps Relief Society 847-689-2228 Round Lake Community Action Project 847-546-5695 Salvation Army 847-336-1880 Township Supervisors Antioch Township 847-395-3378 Avon Township 847-546-1446 Fremont Township 847-223-2847 Grant Township 847-587-2233 Lake Villa Township 847-356-2116 Warren Township 847-255-1101 Waukegan Township 847-244-4900 Zion Township 847-872-2811 United Way of Lake County 847-816-0063 Do you need help paying your rent? These agencies may be able to assist you. IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT LAKE COUNTY, ILLINOIS (Name all parties) vs. and unknown occupants ) ) ) ) Plaintiff(s) ) ) ) ) ) ) Defendant(s) ) BACK SIDE IS BLANK Case Number: Complaint in Forcible Entry and Detainer ____________________________________________, the plaintiff(s), allege(s) that he/she/they is/are entitled to possession of the following-described premises at ____________________________________ situated in the Village/ City of _________________________________________, Lake County, Illinois, to wit: that the defendant(s) named above, unlawfully withheld possession thereof from the plaintiff(s), and furthermore the defendant(s) are indebted to said plaintiff(s) for rent of said premises in the sum of $ ______________________: Wherefore, the plaintiff(s) pray judgment against the defendant(s) for possession of said described premises, and for the sum of $ _________________________ and costs of suit, including any rents accrued to the date of trial or possession. Dated , 20 Plaintiff or Attorney for Plaintiff Address AFFIDAVIT OF RENT DUE , being duly sworn, on oath say that he/she/they , the plaintiff(s) in the within cause, that the demand of the plaintiff(s) in said cause is for possession of the said premises and rent therefore for the months of and that the amount due to the said plaintiff(s) from the defendant(s) in said cause after allowing to said defendant(s) all just deductions, credits and setoffs, if any, is Dollars and Cents. Signed and sworn before me , 20 (Clerk of the Circuit Court Notary Public) 171-29 Rev 06/05 IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT LAKE COUNTY, ILLINOIS SUMMONS (Action for Forcible Detainer) (Detinue and Replevin) (Name all parties) vs. ) ) ) ) ) ) ) ) ) ) ) ) Plaintiff Defendant To each defendant: No. ______________________________ Amount Claimed $__________________ SUMMONS YOU ARE HEREBY SUMMONED and required to appear before this Court at Courtroom 150, 20 South County Street, Waukegan. Illinois, at _______M, on __________________________, 20_____ to answer the complaint in this case, a copy of which is hereto attached. IF YOU FAIL TO DO SO, A JUDGMENT BY DEFAULT MAY BE TAKEN AGAINST YOU FOR THE RELIEF ASKED IN THE COMPLAINT. To the officer: This summons must be returned by the officer or other person to whom it was given for service, with endorsement of service and fees, if any, immediately after service and not less than 3 days before the day for appearance. If service cannot be made, this summons shall be returned so endorsed. This summons may not be served later than 3 days before the day for appearance. WITNESS ____________________________, 20_____ (Seal of Court) ____________________________________________ (Clerk of the Circuit Court) ____________________________________________ (Deputy) (Plaintiff’s attorney or plaintiff if not represented by an attorney) Name Notice to Defendant in a Forcible Case If you wish to contest the claim(s) you must do the following: a. File a written appearance and pay the statutory appearance fee (forms available at the main office of the Clerk of Court, 18 N. County Street, Waukegan) on or before the day and time specified for appearance on your summons. b. If the appearance is timely filed and the fee paid, you are NOT required to appear in court in person on the return date, instead you should be present in court at the specified address prepared to proceed to trial at the same time on the 7th day after the stated return day. In the event the return date or trial date falls on a Court Holiday (or weekend), the appearance date or trial date shall be on the next earliest court day. Attorney for Address City Telephone ARDC (Front) 171-142 Rev 10/09 PRINT ON BACK OF SUMMONS (ORIGINAL) SHERIFF’S FEES ( Service and return $____________________ ( ( Miles ______________ $____________________ ( ( Total $____________________ Sheriff of _________________________ County I certify that I served this summons on defendants as follows: (a)-(Individual defendants – Personal): (The officer or other person making service, shall (a) identify as to sex, race and approximate age of the defendant with whom he left the summons, and (b) state the place where (whenever possible in terms of an exact street address) and the date and time of the day when the summons was left with the defendant). (b)-(Individual defendants – Abode): By leaving a copy of the complaint at the usual place of each individual defendant with a person of his family, of the age of 13 years or upwards, informing that person of the contents of the summons. (The officer or other person making service, shall (a) identify as to sex, race and approximate age of the person, other than the defendant, with whom he left the summons, and (b) state the place where (whenever possible in terms of an exact street address) and the date and time of day when the summons was left with such person). and also by sending a copy of the summons and of the complaint in a sealed envelope with postage fully prepaid, addressed to each individual defendant at his usual place of abode, as follows: Name of defendant Mailing Address Date of mailing (c)-(Corporate defendants): By leaving a copy and a copy of the complaint with the registered agent, officer or agent of each defendant corporation, as follows: Defendant corporation Registered agent, officer or agent Date of Service (d)-(Other service): Sheriff of ___________________ County By: ______________________________ (Deputy) Summons for Defendant: Name/Description: was ____________________ _________________________ Approx. age with whom the summons was left with: __ Sex: served on or M F left with: Race: years of age Address/Place where summons was left:____________________________________________________ (Back) 171-142 Rev 10/09 IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT LAKE COUNTY, ILLINOIS COPY (Name all parties) vs. To each defendant: SUMMONS (Action for Forcible Detainer) (Detinue and Replevin) ) ) ) ) ) No. ______________________________ Plaintiff ) ) ) ) ) Amount Claimed $__________________ ) Defendant ) SUMMONS YOU ARE HEREBY SUMMONED and required to appear before this Court at Courtroom 150, 20 South County Street, Waukegan. Illinois, at _______M, on __________________________, 20_____ to answer the complaint in this case, a copy of which is hereto attached. IF YOU FAIL TO DO SO, A JUDGMENT BY DEFAULT MAY BE TAKEN AGAINST YOU FOR THE RELIEF ASKED IN THE COMPLAINT. To the officer: This summons must be returned by the officer or other person to whom it was given for service, with endorsement of service and fees, if any, immediately after service and not less than 3 days before the day for appearance. If service cannot be made, this summons shall be returned so endorsed. This summons may not be served later than 3 days before the day for appearance. WITNESS ____________________________, 20_____ (Seal of Court) ____________________________________________ (Clerk of the Circuit Court) ____________________________________________ (Deputy) (Plaintiff’s attorney or plaintiff if not represented by an attorney) Name Notice to Defendant in a Forcible Case If you wish to contest the claim(s) you must do the following: a. File a written appearance and pay the statutory appearance fee (forms available at the main office of the Clerk of Court, 18 N. County Street, Waukegan) on or before the day and time specified for appearance on your summons. b. If the appearance is timely filed and the fee paid, you are NOT required to appear in court in person on the return date, instead you should be present in court at the specified address prepared to proceed to trial at the same time on the 7th day after the stated return day. In the event the return date or trial date falls on a Court Holiday (or weekend), the appearance date or trial date shall be on the next earliest court day. Attorney for Address City Telephone ARDC (Front) 171-142 Rev 10/09 PRINT ON BACK OF SUMMONS (COPY) NOTICE TO DEFENDANT (a) This case will not be heard on the day for appearance specified on the reverse side, hereafter called the return day. (b) If the complaint is verified (sworn to), your answer must be verified. (c) If you have not obeyed this summons and filed a written appearance on or before the return day, an order of default and judgment may be taken against you not sooner than seven (7) days after the return day. (d) If you have filed a written appearance on or before the return day, you must file an answer not later than ten (10) days after the return day. If you fail to file an answer within that time, and an order of default and judgment may be taken against you at any time after said ten (10) days. (e) If you have filed your appearance and answer as required above, the case will thereafter on motion of any party be set for trial on a day certain at the specified address. (f) IN A FORCIBLE DETAINER CASE, if you wish to contest the claim(s) you must do the following: a. File a written appearance and pay the statutory appearance fee (forms available at the main office of the Clerk of the Court, 18 North County Street, Waukegan) on or before the day and time specified for appearance on your summons. b.You are not required to file a written answer to the complaint in addition to your written appearance, but you will be required to appear in court and be prepared for trial of your case on the seventh (7th) day after the return date stated on your summons. In the event the return date or trial date falls on a Court Holiday (or weekend), the appearance date or trial date shall be on the next earliest court day. (g) Late filing of an appearance or answer will not relieve you from judgment or default order except by court order. (Back) 171-142 Rev 10/09