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Landlords and tenants have several responsibilities when they enter into a lease agreement. The most basic task a tenant has is to pay their rent. When property owners find themselves in a situation where the tenant fails to pay rent or perform specific obligations in their lease, eviction is often the recourse that is taken. Landlords need tenants’ rent money to pay for their investment property and tenants need a home. The eviction process is not pleasant for either party, but may be necessary to satisfy the terms of the lease agreement.

Reasons For Eviction

While the most common reason for evicting a tenant is nonpayment of rent, there are several other causes for eviction. These include:

• Not moving out after expiration of lease after notice has been given
• Unresponsive to notices given pertaining to tenancy (possession not surrendered)
• Damage to the unit and/or common areas containing the unit
• Interference with the enjoyment, comfort and safety of other residents in the same or adjacent buildings
• Use of the rental unit for illegal use/health hazards
• Refusal of access to make repairs or improvements to the unit, inspections required by law or lease agreement, or for prospective tenants or buyers
• Sublessee of rental tenant has not been approved by landlord

Essentially, all of the items above, which are outlined in a standard lease agreement, are cause for eviction. In some cities, the ordinances between landlords and tenants do not apply because of the type of property (i.e. owner occupied with less than seven apartments or a school dormitory).

Follow The Steps

Depending upon the reason for the eviction and the state, the length of required notice varies. In the case of termination or expiration of a lease, the landlord may serve a 10-day written notice. If the rent has not been paid, the landlord may serve a 5-day written notice demanding payment of rent.

The written notices may be hand-delivered or sent via certified or registered mail to the occupants of the residence. Not counting the day notice is given, the tenant has the length of days provided to respond. If the number of days has passed and no response has been given, then the landlord has the right to file a suit of eviction (a complaint against the tenant(s). If proper notice is not given, the actions may be dismissed.

Once the complaint has been filed, the notice of eviction must be served to the tenant(s).  In the meantime, there is a wait time for the landlord and tenant to attend a hearing. Notice of eviction may be done by several means. When the hearing date is set, the landlord should be prepared with an extra set of copies of all records pertaining to the eviction. If the tenant is present, each side will have an opportunity to present their case. Proof of written notice given to the tenant and proof that the tenant is in violation of the lease are the most important items to win the judgment amount. Note that if the tenant tries to pay rent after the eviction is filed, it will be void. In addition, the landlord may not change the locks or turn off the utilities to the unit until the occupants are removed.

Once the hearing occurs and the landlord is granted the eviction, a notice to vacate must be served. It should be addressed to all of the known occupants, not just those listed on the lease. If the landlord is not aware of the other occupants, the notice may also include “unknown occupants.”

Summary of steps (not all are necessary):

1.      Violation of lease has occurred.

2.      The landlord gives written notice to the tenant regarding the matter and provides a small window of time for a response.

3.      If no response (or payment) has been received within the specified timeframe, the landlord may then file a complaint with the court, who sets a hearing date. The landlord should bring the written notice, lease and filing fee.

4.      Notice of summons and complaint must be served to the tenant.

5.      Appear at court hearing.

6.      If the landlord is successful, the judge issues an order of eviction.

7.      If the landlord has personally tried unsuccessfully to serve notice, the landlord may request service via the Sheriff’s Office.

8.      If the Sheriff’s Office is unsuccessful, the landlord may request service via a special process server.

9.      If the special process server is unsuccessful, the Court may grant the landlord an Order for Possession. A monetary judgment will not be granted, only possession of the property.

10.  Once the landlord has an Order for Possession (Writ of Restitution), it may be given to the Sheriff’s Office who will schedule the eviction and forcibly remove the tenant(s) and their personal belongings.

Possible Fees (fees and procedures vary by state and county):

1.      Cost of filing an eviction – approximately $200-500 to the Clerk of the Court
The amount of the filing fee depends upon the amount of rent disputed

2.      Service of Process (notice of service) via Sheriff’s Office  to all occupants over 18 years old – approximately $20-80 per adult person, plus mileage

3.      Special Process Server – approximately $75-150
A special process server is needed when the Sheriff’s office was not able to serve the tenant(s).

4.      Sheriff’s Posting Notice – approximately $30-50 per adult served
A Sheriff’s Posting Notice occurs when all previous attempts to serve the tenant(s) have failed.

5.      Eviction by Sheriff – approximately $50-250

6.      Attorney’s Fees – approximately $200/hour, plus additional fees

A tenant who violates a lease is frustrating for the landlord. However, the cost to evict them is even more frustrating, time exhaustive (up to 5 months) and costly. If a happy medium can be reached with the tenant without eviction, the situation will work out better for both parties.

Kellye Fox is a Broker Associate with Property Consultants Realty in Chicago. She can be reached at 708-497-0710 or kfox@propertyconsultants.com.

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