1. law, govt and politics

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