Oswego Landlord Eviction Primer

 Posted on January 31, 2026 in Real Estate

Evicting a tenant in Illinois requires following specific legal procedures exactly. You cannot simply change the locks, shut off utilities, or remove a tenant's belongings, no matter how far behind on rent they are or how much damage they have caused. Illinois law protects tenants from illegal evictions, and landlords who take shortcuts face serious penalties, including lawsuits.

The formal eviction process in Illinois is called a forcible entry and detainer action. It is governed by the Illinois Code of Civil Procedure, specifically 735 ILCS 5/9-101 and following sections. Following the correct process protects you legally and helps you regain possession of your property as quickly as possible.

Our Oswego real estate attorney for landlords has over 20 years of experience handling evictions throughout Kendall County. We offer free consultations to help you understand your rights and navigate the eviction process correctly.

What Are Valid Reasons to Evict a Tenant in Illinois?

Illinois law allows landlords to evict tenants for specific reasons. You cannot evict someone just because you do not like them or because they complained about needed repairs. The most common legal grounds for eviction include:

Nonpayment of Rent

This is the most common reason for eviction. If your tenant fails to pay rent when it is due, you can begin eviction proceedings. You must first give the tenant proper notice and an opportunity to pay before filing in court.

Lease Violations

If your tenant violates the terms of the lease agreement, such as having unauthorized pets, subletting without permission, causing excessive noise, or damaging the property, you may have grounds for eviction. The lease violation must be clearly stated in your written lease agreement.

End of Lease Term

When a fixed-term lease expires, you can choose not to renew it. For month-to-month tenancies, you can terminate the rental agreement with proper notice even without cause, as long as you are not discriminating or retaliating against the tenant.

Illegal Activity

If a tenant engages in illegal activity on the property, such as drug dealing or criminal acts, you can pursue eviction. This type of eviction often moves faster through the courts because of the serious nature of the violation.

How Do You Start the Eviction Process in Oswego?

The eviction process must begin with proper written notice to the tenant. You cannot skip this step. The type of notice depends on why you are evicting the tenant.

Five-Day Notice for Nonpayment

For unpaid rent, Illinois law requires you to give the tenant a five-day notice under 735 ILCS 5/9-209. This notice must state the amount owed and give the tenant five days to pay the full amount or move out. If they do neither, you can file an eviction lawsuit.

The five days include weekends and holidays. If the tenant pays the full amount within the five days, you cannot proceed with eviction for that particular missed payment.

Ten-Day Notice for Lease Violations

For lease violations other than nonpayment of rent, you must give a ten-day notice. This notice should clearly explain what lease term was violated and give the tenant ten days to fix the problem or move out.

Thirty-Day or Sixty-Day Notice to Terminate

If you want to end a month-to-month tenancy or choose not to renew a lease, you must give proper notice. For month-to-month leases, you typically need to give at least 30 days’ notice. Some local ordinances may require more notice, so check local rules.

What Happens After You File an Eviction Lawsuit?

If the tenant does not pay or move out after receiving proper notice, your next step is filing a forcible entry and detainer complaint in the circuit court. This is the formal eviction lawsuit.

Court Summons and Hearing

The court will issue a summons to the tenant and schedule a hearing. The tenant has the right to appear in court and defend against the eviction. They might claim they paid rent, that the eviction is retaliatory, or that you did not follow proper procedures.

Winning Your Case

At the hearing, you must prove your case with evidence. Bring copies of the lease, payment records, the notice you served, photographs of any damage, and any other relevant documents. Having an attorney who knows eviction law and has over 20 years of experience presenting these cases makes a significant difference in the outcome.

Order for Possession

If the judge rules in your favor, you receive an order for possession. This document allows the sheriff to physically remove the tenant if they still refuse to leave. You must wait for the sheriff to enforce the order. You cannot remove the tenant yourself.

What Mistakes Should Landlords Avoid During Evictions?

Many landlords lose eviction cases or face liability because of common mistakes:

• Accepting partial rent payments after serving notice can restart the process

• Shutting off utilities, changing locks, or removing belongings is illegal self-help eviction

• Serving improper notice with wrong information or insufficient time

• Failing to keep detailed records of rent payments and communications

• Retaliating against tenants who report code violations or exercise legal rights

• Discriminating based on protected characteristics

Even small procedural errors can result in your case being dismissed, forcing you to start over and losing more rental income while the tenant remains in the property.

Call a Kendall County, IL Landlord Lawyer Today

Evicting a tenant requires careful attention to legal procedures and deadlines. One mistake can delay the process by weeks or months. Our Oswego eviction attorney for landlords has over 20 years of experience helping property owners regain possession of their properties through proper legal channels. We offer free consultations to review your situation and explain your options. Call Gateville Law Firm at 630-780-1034 today to protect your rights and your investment property.