Evictions Toolkit by xkp52206

VIEWS: 6 PAGES: 9

									         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
                melmetts@graffrealty.com




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_____                   __ he served the within notice on the tenant named
therein, as follows:

    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)                            )
                                                     )
                                                     )
                                                                         BACK SIDE IS BLANK
                                                     )
                                        Plaintiff(s) )
                      vs.                            )      Case Number:
                                                     )
                                                     )
                                                     )
       and unknown occupants                         )
                                    Defendant(s) )

                       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)                                                      )
                                                                        )
                                                                        )
                                                                        )
                                                                        )       No. ______________________________
                                                 Plaintiff              )
                                  vs.                                   )
                                                                        )
                                                                        )
                                                                        )       Amount Claimed $__________________
                                                                        )
                                                 Defendant              )

                                                             SUMMONS
To each defendant:
         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)
                                                                                    Notice to Defendant in a Forcible Case
                                                                              If you wish to contest the claim(s) you must do the
                                                                              following:
Name
                                                                              a. File a written appearance and pay the statutory
Attorney for                                                                     appearance fee (forms available at the main office
Address                                                                          of the Clerk of Court, 18 N. County Street,
                                                                                 Waukegan) on or before the day and time specified
City                                                                             for appearance on your summons.
                                                                              b. If the appearance is timely filed and the fee paid,
Telephone
                                                                                 you are NOT required to appear in court in person
ARDC                                                                             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.

                                                                    (Front)                                       171-142 Rev 10/09
                                          SHERIFF’S FEES
 PRINT ON BACK OF                         ( Service and return    $____________________
SUMMONS (ORIGINAL)                        (
                                          ( 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:          ____________________              was      served on or     left with:
Name/Description:          _________________________               Sex:      M     F      Race:
Approx. age with whom the summons was left with: __         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
                                                           SUMMONS                                       COPY
                                                   (Action for Forcible Detainer)
                                                       (Detinue and Replevin)
(Name all parties)                                                 )
                                                                   )
                                                                   )
                                                                   )
                                                                   )      No. ______________________________
                                                 Plaintiff         )
                                  vs.                              )
                                                                   )
                                                                   )
                                                                   )      Amount Claimed $__________________
                                                                   )
                                                 Defendant         )

                                                            SUMMONS
To each defendant:
         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)
                                                                                    Notice to Defendant in a Forcible Case
                                                                              If you wish to contest the claim(s) you must do the
                                                                              following:
Name
                                                                              a. File a written appearance and pay the statutory
Attorney for                                                                     appearance fee (forms available at the main office
Address                                                                          of the Clerk of Court, 18 N. County Street,
                                                                                 Waukegan) on or before the day and time specified
City                                                                             for appearance on your summons.
                                                                              b. If the appearance is timely filed and the fee paid,
Telephone
                                                                                 you are NOT required to appear in court in person
ARDC                                                                             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.

                                                                    (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

								
To top