Residential Eviction Filing Procedures

 

Statewide Landlords with legal questions can consult with an attorney for free through Eviction Help Illinois (EHI). Call the EHI Hotline at 855-631-0811 for help or visit www.evictionhelpillinois.org for more information.

Cook County Landlords with legal questions can consult with an attorney for free through Cook County Legal Aid for Housing and Debt (CCLAHD). Call the CCLAHD Hotline at 855-956-5763 for help or visit www.cookcountylegalaid.org for more information.

The moratorium on evictions that was put in place during the COVID-19 pandemic has ended. However, Cook County Landlords should be aware of new, permanent changes to the eviction process.

What paperwork do I need to file an eviction in Cook County?

This list is not exhaustive and may not apply to every situation. A guide like this can never substitute for the advice of a lawyer. Eviction law is in a constant state of change and issues are never as clear cut as they seem. Use this guide as a starting point.

Samples of some of the documents needed to file an eviction case can be found below. Please note that these documents should be used solely as examples and that, if you choose to file an eviction case, each document you complete must be filled out with the specific information that applies to your matter.

Is your tenant behind on rent?

Has your tenant violated their lease (outside of nonpayment of rent)?

Would you like to not renew the lease or end a month-to-month tenancy?

Step 3: Once the time stated in the Notice has passed, if the issue has not been resolved, you can file an eviction case in court. To do so, you should complete and file the following documents, along with a copy of the Notice and Proof of Service.

Other Resources

  • For additional guidance on how to proceed through the eviction process, see the Illinois Courts’ guide on How to File & Present an Eviction Complaint
  • Rental assistance programs are available to qualifying Landlords and Tenants. To learn more, check out https://chicookilrenthelp.org/. If you live in Suburban Cook County (not Chicago), you can also call 833-221-9821 for more information. If you live in Chicago, you can call (866) 454-3571 for more information.
  • Zoom Court: Eviction court in Cook County is primarily happening over Zoom. If you do not know the Zoom login information for your courtroom, you can contact the Court Clerk for assistance at (312) 603-5030.
  • E-Filing & Zoom Assistance: Pro se landlords who are having trouble navigating the court system can call the court clerk hotline at (312) 603-5030 for assistance with Electronic Filing (E-Filing). The Illinois Supreme Court has its own resources for Electronic Filing (E-Filing) and Remote / Zoom Court Procedures, which are available at ILCourtHelp.gov or by calling/texting (833) 411-1121.
  • Who can file an eviction case?: Typically, the “Plaintiff” (or person who files the case) in an eviction case should be the owner of the property. If the property is owned by a corporation or LLC, a lawyer should be hired to file the case. A property manager cannot file an eviction case on behalf of the property owner.
  • Next Court Date: Once a case has been filed, it is important to know your next court date. If possible, write down that information when the judge gives it to you in court. If you do not know when your next court date is, it may be on the paperwork you received from the court. If you are still unable to find that information, you can contact the court clerk at (312) 603-5030 for assistance.
  • Service: An important part of the eviction process is known as “service.” Service is often how the defendant is made aware that an eviction case has been filed against them and when the next court date will be. Typically, service is first attempted by the sheriff. As the landlord, you can start the service process by filing documents with the sheriff’s office. There are a number of available resources regarding service, like the Cook County Sheriff’s website and this Illinois Legal Aid Online Article regarding service, but if you have specific questions about service in your case, you can call our Service Hotline at (312) 407-7992 for potential assistance.
  • Eviction Defenses: There are a number of reasons a defendant in an eviction case could ask the judge to dismiss the case. You can find examples of potential eviction defenses on Illinois Legal Aid Online’s article on “Common eviction defenses.”
  • Landlord Tenant Guidelines: In Cook County, there are various sets of guidelines that may apply to your property and your landlord-tenant relationship. For properties in:
  • Default Judgements: If the tenant does not appear in court after they have been served, a landlord may be able to get a “default judgement.” This Eviction Order template can be used in in Illinois for a default judgement. A tenant typically has 30 days after this order is entered to ask the court to vacate (or undo) a default judgement. If you have questions regarding this process, you can call our Default Judgement Hotline at (312) 407-7992 for potential assistance.
  • Enforcing an Eviction: Cook County Landlords who successfully obtain eviction orders may need to complete a "Verification of Non-Rental Assistance” form and submit it to the Cook County Sheriff’s office before the Sheriff will schedule an eviction. Additional information on this Verification form is available here or through the Sheriff’s website.
  • Winter Evictions: Eviction cases can still proceed during the winter months, though there are some dates when the Cook County Sheriff’s Office will not enforce an eviction order, like in extreme weather conditions. Check the Cook County Sheriff's website for the most up-to-date information.
  • Court Forms: The Judge may ask you to complete and submit certain documents to the court, like a Continuance or Transfer Order. Templates of those forms, along with other court document templates, can be found on the Cook County Clerk of Court's Website at https://services.cookcountyclerkofcourt.org/forms/
  • Illinois Legal Aid Online has an eviction form generator that can help you complete some of the documents mentioned above. That form generator can be found at illinoislegalaid.org/legal-information/evict-tenant
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