Eviction Process in Oak Park

The eviction process involves the following steps:

  1. Landlord gives an eviction notice through the proper way.
  2. If the tenant still has not paid what they owe, fixed the lease violation, or moved out after the time in the notice, the landlord can start an eviction case. 
  3. The first court date will be about 30 days after the landlord files the case. The tenant needs to be served
  4. On the first court date after the tenant has been served, the tenant will be referred to the Early Resolution Program (ERP) for free legal help, mediation services, and court-based rental assistance
  5. A second court date will be scheduled. Depending on the judge and which court, it might be set up for trial or a status date. If both parties did not agree to a settlement, then the case will be scheduled for trial. 
    1. If a tenant wants a trial with a jury, they have to file papers before the second court date (an Appearance with a Jury Demand and potentially Fee Waiver). 
    2. If a tenant does not file these documents, then the tenant will be transferred to a bench trial room with just a judge. 
    3. Illinois Court Help can help with filing documents online (call or text 833-411-1121). Or the tenant can visit the courthouse. 
  6. Trial
  7. If the tenant loses the trial, the Sheriff will enforce the eviction

A landlord can only change the locks  AFTER waiting for the Sheriff to enforce a court order from the judge. Otherwise, they are performing an illegal lockout, which can be used as an eviction defense or claim against the landlord.

NOTE: A landlord may show the unit to prospective tenants or buyers while there is an ongoing eviction case as long as they give proper notice.

The above article provides information about legal issues but is not the same as legal advice. Legal advice is when a lawyer applies the law to your specific situation. The information in this article does not replace the advice or representation of a licensed attorney. Law Center for Better Housing cannot guarantee the accuracy or completeness of the information in this article and is not responsible for any consequences that may result from using it. You should consult with a licensed attorney to ensure the information in this article is appropriate for your specific situation. Using the information in this article does not create a relationship between Law Center for Better Housing and you as your attorney.

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