Dickson Law Group, LLC

Divorce, Bankruptcy, and General Practice Lawyers

5415 Bull Valley Road
McHenry, Illinois 60050
(815) 317-5193 tel
(815) 317-5194 fax
john@dicksonlawgroup.com

  • Home
  • About Us
  • Practice Areas
    • Bankruptcy
    • Business Law
    • Business Litigation
    • Family Law
    • Landlord Tenant Disputes and Evictions
    • Mortgage Foreclosure Defense
    • Personal Injury
    • Probate Law
    • Real Estate
    • Traffic Tickets / DUI
    • Wills / Trusts / Estate Planning
  • Blog
  • Resources
  • Contact Us
  • Disclaimer
    • Privacy Policy
  • Site Map
    • McHenry County, Illinois
      • Child custody attorney in McHenry County, Illinois
      • Child custody lawyer in McHenry County, Illinois
      • Divorce Attorney in McHenry County, Illinois
      • Divorce Lawyer in McHenry County, Illinois
      • Family law lawyer in McHenry County, Illinois
      • Family law attorneys in McHenry County, Illinois

Landlord Tenant Disputes and Evictions

Dickson Law Group, LLC has experienced eviction attorneys with over a decade of experience in hundreds of eviction cases.

Avoiding eviction

Both tenants and landlords hate the eviction process. It is costly to landlords, both in legal fees and time spent with a rental unit that is not producing rent, and to tenants who run the risk of losing their housing. Resolving a dispute with your tenant or landlord without legal intervention is always preferable to filing a lawsuit.

Most of these disputes can be resolved with open communication. Contact your tenant or landlord and discuss why the tenant is not making timely rent payments. They may need a little more time to get caught up. Or, they may not have realized that certain conduct is a violation of the terms of your lease and are willing to correct it. If you can come to an understanding, you can avoid the time and expense of a lawsuit.

Some eviction lawsuits are inevitable

I have seen bad tenants and bad landlords. Sometimes a tenant needs to find a way to break their lease, and sometimes a landlord needs to evict incorrigible tenants. We can help you.

Landlords: Do it right from the beginning by hiring an eviction attorney

As a landlord with a non-paying tenant, the primary concern is getting the tenant out of the property as soon as possible to minimize the number of months that rent goes unpaid. Hiring an experienced eviction attorney can help you minimize the length of time that the property is under-performing.

The Illinois Forcible Entry and Detainer Law

The eviction process in Illinois is governed by the Illinois Eviction Act, formerly known as the Illinois Forcible Entry and Detainer Law, which is set forth in Article IX of the Code of Civil Procedure, 735 ILCS 5/9-101, et seq. The Forcible Entry and Detainer Law sets forth five steps that must be followed to obtain an eviction order:

  1. Notice: You must provide proper notice to the tenant. The notice requirement is designed to give the tenant an opportunity to correct your complaints or get caught up with their rent and avoid eviction. Improper notice is the most common reason why eviction lawsuits fail.
  2. File a lawsuit: After proper notice has been given, you must file a lawsuit setting forth the legal and factual reasons why you should be awarded possession of the premises and why the tenant should be evicted.
  3. Court hearing: Eviction lawsuits are handled in Illinois on an expedited basis. Most eviction cases have no more than court appearances. If the tenant shows up to the first court appearance and contests your right to evict them, the judge will set your eviction case for trial. At trial you must prove your right to collect back rent and obtain possession of the property.
  4. Order of possession: If the landlord has so far done everything correctly and decides in the landlord’s favor, the judge will enter an “Order of Possession,” which grants the landlord possession of the property after a certain date. Most judges are reasonable people and are reluctant to order instant possession of the premises, so that the tenant can collect their things and move out in an orderly fashion. If tenants do not show up to court on the first court date, many judges will assume that the tenant does not care about retaining possession of the property and will grant the landlord immediate possession.
  5. Eviction: If the tenant has not moved out and turned over possession of the property by the date the Order of Possession becomes effective, the landlord can deliver the Order of Possession to the county sheriff to schedule an eviction. On the eviction date, a Sheriff’s deputy will stand by to ensure that the tenant moves out and that no altercations take place.

The importance of having an experienced eviction attorney

The eviction process has many pitfalls, and landlords and tenants who attempt to navigate the eviction process on their own fail. Call the attorneys of the Dickson Law Group today to set up a free, one-hour consultation to discuss solutions to your dispute with your landlord or your tenants.

Have a question? Contact us with this form or by phone to set up a free one-hour consultation.

Firm Profile

Dickson Law Group, LLC is a McHenry County, Illinois law firm authorized to practice in the courts of Illinois and Wisconsin. We provide legal services for individuals and small businesses in the areas of bankruptcy, business law, criminal defense, divorce, family law, personal injury, probate law, real estate law, traffic tickets and DUI defense, estate planning, and litigation.

If you are looking for a McHenry County lawyer or attorney serving Crystal Lake, Lake in the Hills, Cary, Algonquin, Carpentersville, Barrington Hills, Barrington, Lake Barrington, Lakewood, Huntley, Gilberts, Woodstock, Dundee, Island Lake, and McHenry, please contact us to arrange a free, no-obligation consultation.

Contact Us

Dickson Law Group, LLC
5415 Bull Valley Road
McHenry, IL 60050
Phone: (815) 317-5193
Fax: (815) 317-5194
Email: john@dicksonlawgroup.com
Url: https://dicksonlawgroup.com/
cash, check, credit card, invoice
  • Email
  • Facebook
  • LinkedIn
  • Twitter

Disclaimer

Please read our Disclaimer carefully. By making use of this website, you agree that you have read and understand the Disclaimer and agree to be bound by its terms.

COPYRIGHT © 2014 - 2024 | DICKSON LAW GROUP, LLC