While most landlord-tenant relationships function without issue, occasionally problems arise. In some cases, tenants fail to pay rent. If the tenant refuses to leave voluntarily, the landlord may be forced to evict through a “forcible entry and detainer” lawsuit.

The eviction process is described in Robinson v. Chicago Hous. Auth., 54 F.3d 316 (7th Cir. 1995), which outlines five steps:

1. Nonpayment of rent. The tenant must fail to pay rent when due.
2. Serve notice. The landlord must notify the tenant in writing that rent must be paid within at least five days. This is known as a Five Day Notice.
3. Expiration of notice. The specified time period in the notice must pass without payment.
4. File for possession. The landlord must sue for possession and obtain a judgment. This involves filing a Complaint in Forcible Entry and Detainer (Eviction).
5. Obtain possession order. Once the landlord prevails, the court issues an order of possession.

The length of the process depends on the county where the complaint is filed. For example, a typical Lake County eviction may take 30–45 days before the tenant is removed.

Landlords should act quickly. A common mistake is waiting too long to serve the Five Day Notice while tenants make false promises to pay. Serving the notice immediately after rent is missed gets the tenant’s attention. If payment is not made within five days, the landlord has a clearer sense of whether eviction will be necessary. However, be cautious—any negotiations with the tenant during this period can affect enforceability of the notice.

Although landlords are not required to use an attorney to evict a tenant, the process can be legally complex. Harter & Schottland handles all phases of the eviction process, including:

• Preparing and serving notices to tenants
• Filing complaints and summonses
• Arranging for service of process by the sheriff
• Preparing for and attending court hearings
• Filing and enforcing eviction orders with the sheriff

If you are a landlord facing tenant issues, consult an attorney to ensure the process is handled correctly and efficiently.

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