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How does an evictin work?

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LisaAnnS

Member
What is the name of your state (only U.S. law)? Chicago, IL

I am new to this. I have never had to evict anyone in the 12 years I have been renting apartments, so any advice would be great.

I have given tenant 5 day notice to pay, and she has not paid. Last week I went to the Courts and filed for the eviction. My court date is scheduled in two weeks. Sheriff will hopefully be able to serve the papers to the tenant. I have filed a "Complaint(Joint action) forcible detainer-Rent/Damage Claims"

My questions:

If the tenant is not able to be served, and I go to the court date, will the eviction process still be started?

Will the Sheriff post the notice if he makes multiple attempts with no success or do I have to go back and file a different way?

Do I have to make repairs to the unit (if something breaks, or the toilet needs repair,etc.) if she is not paying and the eviction has been started?

I know it could take months for the eviction to finally happen but am trying to do this the correct way and the most effiecient way. The Clerks at the County building say they cannot give advice as to how to handle individual situations.

Thanks!
 


Alaska landlord

Senior Member
Keep in constant contact with your server. Every time an attempt is made to serve and the tenant is not present it will cost you. The server will make every attempt to stalk and serve the deadbeat.
Unfortunately, you are still responsible for repairs. But, there is nothing wrong with non-speedy repairs.
Your tenant may try to engage you in order to make a case for harassment. It is important that you stay away and have no further communication except through an attorney. If you have a message machine, keep it running and take no personal phone calls from this individual. If you do have to come in contact, always have a witness with you.
 

FarmerJ

Senior Member
When a landlord has the county sheriffs dept serve eviction summons and the tenant is not found after a defined number of attempts to personally serve the tenant the deputy is able to follow what ever alternate methods of service are permitted by your state govt. SO example deputys attempt 2 different days to serve tenant two different times of day then are permitted to post to tenants door or mail or both then thats what they will do. Your county clerk of the court should be able to either tell you exactly what the law says for all methods of service or give you a statute number or may already have printed info to allow you to read. Having the sheriffs dept serve it is very clean meaning that the court will accept a deputys sworn statement that the tenant was properly served according to your states laws and there would be no disputing it. I take it you had to put down a set FEE to cover the service ? if so and the deputy is able to serve tenant on first attempt then what ever surplus amounts left over and above the actual cost of service might be returned to you.
 

LisaAnnS

Member
Thank you for your comments. Yes, I had to put down a fee of $60 and the Sheriffs Department asked me about her work schedule. I relayed all that info o the Sheriff and intend to be at the property everyday before 10 a.m. which is when she leaves for work. This way I can walk him up to the unit and he can do his business.

Wish me luck!
 

Alaska landlord

Senior Member
When this is all over, don't forget to buy masks, gloves, and plenty of heavy duty garbage bags for the cleaning of the house. There is no telling what you will come across.
 

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