The eviction process begins with serving a notice to quit on the tenant in person or via first-class mail. If agreed upon in the lease, the notice can be mailed and posted on the property.

• 10/13-Day Notice to Quit for Non-Payment
• 14-Day Notice to Quit for Non-Compliance
• 10-Day Notice to Quit for Non-Compliance
• 30-Day Notice to Terminate Month-to-Month
• 24-Hour Notice to Quit for Illegal Activity

If a landlord is evicting a tenant due to non-payment, the Notice RE: Eviction for Nonpayment of Rent must be served along with the notice to quit.

If the tenant continues to occupy the property after the notice period passes, the landlord can submit a Complaint and Summons to the Circuit Court, along with three copies of the notice to quit and payment for the filing fee. The clerk will generally set a court date to take place 7 to 15 days after filing.

The Complaint and Summons must be served on the tenant by the end of the next judicial day (a day the court is open). The forms can be served by a sheriff, process server, or any other disinterested adult.

If in-person service fails, the forms may be posted at the tenant’s unit entrance. Once completed, the server must file a Certificate of Service with the court.

Both parties must attend the initial hearing to see if an agreement can be reached or if a trial date should be set. If unsuccessful, the tenant must file an Answer with the court, and a second hearing will be set.

In the event that the tenant vacates before the initial hearing, the landlord may either:

• Submit a signed statement to the court clerk requesting dismissal of the case; or
• Attend the hearing to request a judgment and damages from the tenant.

At the second hearing, the parties will present their cases so the judge can issue their Judgment. If the ruling is in the landlord’s favor, the judge will order the tenant to vacate and may require them to pay damages.

If the judge rules in the tenant’s favor, they’ll be able to stay on the property and will likely be entitled to damages.

If the tenant hasn’t left after a ruling against them, the landlord can request a Notice of Restitution from the court. The notice must be served on the tenant by a sheriff or process server, and gives the tenant four days to vacate.

If the tenant does not comply, the landlord can request a Writ of Execution from the court and submit it to the sheriff’s office for service on the tenant. The landlord and sheriff will then schedule a time for the parties to forcibly evict the tenant.