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Eviction Lawsuit Overview

In this guide, you'll learn how to file an eviction lawsuit and save money by doing it yourself.

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Written by Landlord Legal USA
Updated over 4 months ago

⚡️Overview

You must use the courts to evict a Tenant. You do this by filing a Complaint for Eviction in the County where the property is located. There are generally two issues on an eviction case: (1) possession of the property and (2) money for damage caused to the property.

✍️Complaint for Eviction

Once the proper notice has been served on the Tenant, you can then you can file an Eviction action ("Complaint"). There is no specific language required in an Eviction complaint, but it must claim that you are entitled to possession of the property and that the Tenant won't get out. It should also include the Affidavit of Service.

📄 Summons

The summons notifies the Tenant of an Eviction complaint. When completing the Summons, it's important to write "Unknown Occupants" as a defendant. This will ensure that the Sheriff will remove all persons at the property, not just those listed as a Defendant. The summons must be accurately completed and filed with the court.

❓FAQs

Does it cost to sue if I'm representing myself? Yes, filing fees, sheriff fees, and other expenses still apply. Your lease should let you recover these costs. If not, get a better lease.

Are there other resources to help? Here's a guide from the Illinois Supreme Court.

📄 Forms

📜 Relevant Illinois Laws

735 ILCS 5 / 9-101 et seq.
Supreme Court Rule - 181(b)(2)


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