Illinois Supreme Court-Approved Instructions, How to File and Present an Eviction Case

HOW TO FILE & PRESENT AN EVICTION CASE
Table of Contents
Overview to Filing an Eviction Case.……………………..……………...………...…………. 1
Read the basics of starting an eviction – who is involved, what forms are used, when an eviction can start,
and how much it costs to start.

Step 1: Serve the Defendants with Written Notice…………….…………………………... 2
Find out how to fill out a written notice and give it to your tenants.

Step 2: Fill out and file an Eviction Complaint and Eviction Summons…….……...…. 3
Find out which forms to use and how to file your Eviction Complaint with the court.

Step 3: Serve the Eviction Complaint and Eviction Summons on the Defendants.… 5
Find out the how to have the Defendants in an Eviction case served.

Step 4: Go to Court………………………………..………………..…………………………… 7
Find out what to do when you go to court for your eviction case.

Step 5: Enforce the Eviction Order…………………………...…………………...…………. 8
Find out how to enforce your Eviction Order.

Find Illinois Supreme Court approved forms at: ilcourts.info/forms.
E-I 3511.4 (06/24)
 installment sales agreements). These cases might
OVERVIEW TO FILING AN have additional legal requirements that these forms
EVICTION CASE do not meet, so you may want to talk with a lawyer.
This page gives the basics of the eviction process. For o Some cities, including Chicago, have different or
more detail on the process, read this whole packet. additional requirements that these instructions do
not discuss. Check with your local government about
NOTE: If there are any words or terms used in these
whether your city has adopted ordinances that apply
instructions that you do not understand, please visit
to your eviction case.
Illinois Legal Aid Online at
illinoislegalaid.org/lexicon/glossary. For more information o Most of these instructions assume that you are a
about going to court including how to fill out and file landlord and that the people you are trying to evict
forms, call or text Illinois Court Help at 833-411-1121 or are tenants. If the person is not a tenant, see the
go to ilcourthelp.gov. section entitled "How do I evict other occupants,
squatters, or trespassers living in my property?" on
Who is the Plaintiff and who are the Defendants in page 3.
this case?
Where can I find the forms that I need?
o The Plaintiff files the lawsuit and is usually the
landlord or owner of the property. If a corporation or You can find the forms at: ilcourts.info/forms.
LLC owns the property, it must hire a lawyer.
Property managers cannot file on behalf of the What costs will I need to pay to ask the court to evict
owner. an occupant?
o The Defendants are being sued and are the tenants o The Circuit Clerk charges a filing fee and the sheriff
or occupants of your property. A tenant is someone charges a service fee. Contact your Circuit Clerk
with an oral or written lease. An occupant is and sheriff to ask what filing an eviction case costs
someone who does not have an oral or written in your county.
lease, but lives in the property (includes squatters o If you cannot afford to pay the filing fee, you can ask
and trespassers). the court to file for free or at a reduced cost by filing
o The Plaintiff files an eviction case to make the the Application for Waiver of Court Fees found at
Defendants move out. The Plaintiff can also ask for ilcourts.info/forms.
unpaid rent.
When can I start the eviction process?
How do I evict someone living on my property? You may start an eviction case in any of these
o There is only one way to evict a tenant or an circumstances:
occupant who does not agree to leave. o Your tenant owes rent;
o You must file an eviction case, win the case, get an o Your tenant’s lease is about to expire and you do not
eviction order, and ask the sheriff to enforce this want to renew it;
order by performing an eviction. o Your tenant has violated the terms of the lease;
o NOTE: Trying to evict a person without a court order o Your tenant has no written lease and you would like
is AGAINST THE LAW! You may not change locks, them to move; OR
turn off utilities, or take any other action on your own o An occupant is living on the property and they refuse
to try to force a person to move. to leave.
Who should use these forms? What are the steps in the eviction process?
o These forms can help landlords or property owners o Step 1: Serve the Defendants with written notice.
who do not have a lawyer to file an eviction case. Do
o Step 2: Fill out and file an Eviction Complaint and
not try to file an eviction case until you have read
Eviction Summons.
this entire document.
o Step 3: Serve the Eviction Complaint and Eviction
o If you are not a lawyer, you cannot represent
Summons on the Defendants.
another person's interest in court. You must be the
named plaintiff in an eviction and complete and sign o Step 4: Go to court.
all the filings on your own behalf. If a corporation or o Step 5: Enforce the Eviction Order.
LLC owns the property, it must hire a lawyer. These steps are described in more detail below.
o These instructions apply to most residential eviction
cases. If there is a lease, it may provide for
additional tenant rights. If it does, follow those.
These forms are not intended to be used in these
cases: commercial, post-foreclosure, mobile homes,
condominium actions against owners, public and
project based subsidized housing, and contracts for
deed (also called rent to own agreements or

Find Illinois Supreme Court approved forms at: https://www.illinoiscourts.gov/documents-and-forms/approved-forms/.
E-I 3511.3 Page 1 of 8 (06/24)
 NOTE: The service requirements may be different if
STEP 1: SERVE THE required by the lease, local landlord-tenant law, or
DEFENDANTS WITH WRITTEN subsidized housing programs. If you are confused about
this very important step in the process, talk with a
NOTICE lawyer.

What type of notice should I use to tell the How do I know when the notice period ends?
Defendants I am evicting them? o Each Notice has a different notice period.
The type of notice you use depends on the reason for o The day you serve the Notice does not count.
the eviction. Below is a list of the most common types of o The notice period starts the day after you serve the
notices. Notice.
o If the tenant has not paid rent, you can use a Notice o The notice period ends at midnight of the last day of
of Termination for Non-Payment of Rent (also known the notice period.
as a 5-Day Notice).
o You can file your case the day after the notice
o If the tenant has violated the lease in another way period ends.
other than the non-payment of rent, use a Notice of
o If the last day of the notice period is a Saturday,
Termination for Lease Violation (Other than Non-
Sunday, or court holiday, the notice period ends at
Payment of Rent) (also known as a 10-Day Notice).
midnight of the next day that is not a Saturday,
o If you do not want to renew an expiring lease, use a Sunday, or court holiday.
Notice of Non-Renewal of Lease (also known as a
o For example, if you serve a Notice of Termination
30-Day Notice).
for Non-Payment of Rent (also known as a 5-day
o If you are not renting to the occupants, use a notice) on a Monday, Day 1 would start on Tuesday.
Demand for Immediate Possession. Because Day 5 would be a Saturday, the notice
o Whoever serves the Notice or Demand should fill out period continues until the following Monday and you
an Affidavit of Service of a Demand or Notice could file the eviction case on Tuesday. If that
describing how and when they served the Notice on Monday is a court holiday, the notice period
the Defendants. This Affidavit may make it easier to continues until Tuesday and you could file the
prove in Court that the Notice was served. eviction case on Wednesday.
o You only need to prepare 1 Notice or Demand and 1
Affidavit of Service of a Demand or Notice even if How do I evict my tenant for not paying rent?
you have more than 1 tenant or unknown occupant o Serve the tenant with a Notice of Termination for
to serve. Be sure to keep a copy of each one for Non-Payment of Rent that demands that the
yourself. overdue rent be paid within 5 days. This Notice is
Each Notice, except for the Demand for Immediate often called a "5-Day Notice."
Possession, has a different notice period. This is the NOTE:
number of days you must wait after the Notice is served • If your tenant offers you the full amount of the
before you can file your Eviction Complaint. If you file rent demanded in the Notice within 5 days, you
the Eviction Complaint before the notice period ends, the must accept it and you cannot file the Eviction
judge may dismiss it and you will have to start over. Complaint.
NOTE: The notice requirements may be different if • If your tenant offers you the full amount of the
required by the lease, local landlord-tenant law, or in rent demanded in the Notice after the 5 days
cases involving commercial leases, post-foreclosure, has passed but before you have filed an Eviction
mobile homes, condominium actions against owners, Complaint, you may accept the money but if you
public and project based subsidized housing, and do, you will not be able to file the Eviction
contracts for deed (also called rent to own agreements Complaint.
or installment sales agreements).
• If your tenant offers you the full amount of the
rent demanded in the Notice after you filed an
How do I serve the written notice? Eviction Complaint, ask the judge before
o You may serve the notice by: cashing the check or before spending or
• Handing it to the Defendant; depositing the money.
• Handing it to a person who is at least 13 years
How do I evict a tenant whose lease has ended and I
old and lives in the property;
do not want to renew?
• Sending a copy of the notice to the Defendant
If the lease ends on a specific date (and the lease terms
by certified or registered mail, with a returned
do not say it automatically changes to a month-to-month
receipt from the addressee (such as a green
tenancy) and your tenant does not move out, you may
card); OR
file an Eviction Complaint the very next day.
• Posting it on the door, but ONLY if no one lives
in the property.
Find Illinois Supreme Court approved forms at: ilcourts.info/forms.
E-I 3511.4 Page 2 of 8 (06/24)
o You may not file an eviction action the very next day How do I evict a tenant who has no written lease?
if your local landlord-tenant law or lease requires o If you ever had an agreement that allowed the
you to give your tenant advance written notice that occupant to pay rent to stay in the property, they are
you do not want to renew the lease. a tenant whether or not they had a written lease.
o If you are unsure about whether a notice is required, o A tenant with no written lease usually has a month-
it is better to give your tenant a Notice. to-month tenancy. Oral leases can also have other
types of time periods that require a different kind of
NOTE: Under Chicago law, renters must be given notice. If you think your lease is not a month to
written notice that the lease will not be renewed at least month, tenancy, you may wish to speak with a
30 days before the end of their lease. lawyer or visit illinoislegalaid.org/legal-
information/written-eviction-notices.
How do I evict other occupants, squatters, or
o A tenant with a written lease that has expired may
trespassers living in my property?
also be considered to have a month-to-month
o If you are unsure if the occupants have a lease or tenancy if the landlord continues to accept rent. If
not, you need to try to make contact with them to you are not sure, talk with a lawyer.
find out if they have a lease and to get a copy of it if
o You must first serve the tenant with a Notice of Non-
it is in writing.
Renewal of Lease or Termination of Tenancy (also
• If they have an existing lease, you may have to known as a 30-Day Notice). You may terminate a
honor it. month-to-month tenancy with at least 30 days'
o If the people living in your property do not have a advance written notice. Most rental periods run from
lease and you never accepted rent from them or the first of the month to the last day of the month.
agreed to let them stay on your property, you can Therefore, serve your notice at least 30 days before
serve them with a Demand for Immediate the end of the month.
Possession. You can file your Eviction Complaint
immediately after you serve this demand. When can I NOT evict my tenant?
NOTE: Some qualified renters in foreclosed properties o You may not evict a tenant merely because they
may have additional rights to remain or receive have engaged in an activity the law protects.
relocation assistance. Talk with a lawyer prior to filing • Protected activities include complaining to a
your Eviction Complaint if you think that these or other government official about conditions at the
issues could come up. property.
How do I evict a tenant who has paid their rent but • Local landlord-tenant laws may protect
has violated some other lease term? additional activities such as requesting
reasonable repairs or organizing tenants.
o You may serve the tenant with a Notice of
Termination for Lease Violation (Other than Non- • You may not engage in unlawful discrimination.
Payment of Rent) (also known as a 10-Day Notice)
stating that you are terminating the lease. This
Notice should be specific about how the tenant
violated the lease. If possible, you should name the
STEP 2: FILL OUT AND FILE AN
person who violated the lease, describe the EVICTION COMPLAINT AND
violation, and state when the violation happened.
EVICTION SUMMONS
o Some local landlord-tenant laws and leases give the
tenant a right to fix the problem before the notice
period expires (if the problem can be fixed). This is What forms do I need to file an eviction case?
sometimes called the right to "cure." If the tenant has You will need these documents:
the right to fix the problem, the Notice must inform o Eviction Complaint: asks the court for an eviction
the tenant of this right. Check the lease and contact and gives information needed to begin the eviction.
your city or county officials and get a copy of any If there is any past due rent when you file the
local landlord-tenant laws. Complaint, you may ask for this rent in the
o If the tenant has the right to fix the problem and the Complaint. You may also ask for any rent that will
tenant fixes the problem before the notice period come due during the case.
expires, you may not evict the tenant for that lease You MUST attach the following to the Eviction
violation. If the tenant does not have the right to fix Complaint:
the problem or has the right to but does not fix the
problem within the notice period, you can file the • a copy of the Notice or Demand (if any);
Eviction Complaint after the notice period ends. • Affidavit of Proof of Service of a Demand or
Notice; AND
• Relevant parts of the written lease, if your
Eviction Complaint is based on a lease violation.
If you had a written lease that ended and you

Find Illinois Supreme Court approved forms at: ilcourts.info/forms.
E-I 3511.4 Page 3 of 8 (06/24)
 accepted rent from your tenants, you must o Rental value for the property for the time the
attach the most recent lease to the Eviction Defendants lived in the property, even if there is no
Complaint. oral or written lease. This is called "use and
If you do not have a Notice, Demand, or Affidavit of occupancy" value; AND
Service of a Demand or Notice, or lease: o Attorney's fees if you have a written agreement
• you should attach an Affidavit – Supporting (such as a lease) that says the Defendants are
Documents Not Attached to Complaint. The responsible for them, unless local law prohibits this.
Affidavit – Supporting Documents Not Attached If you are unsure about whether you can request a
to Complaint explains why you did not attach a particular remedy in an eviction case, talk with a lawyer.
Notice, Demand or lease to the Eviction In your Eviction Complaint, you cannot ask for:
Complaint.
o Money to compensate you for damages to the
• If you do not attach the necessary documents to property caused by the Defendants; OR
your Eviction Complaint, your case may be o Money for other claims against the Defendants that
dismissed. are not related to possession of the property.
o Eviction Summons: tells the Defendants that you are Even if you cannot ask for a particular remedy in your
asking the court for an eviction and gives the court Eviction Complaint, you may be able to file a different
date. kind of lawsuit.
o Eviction Order: is used by the judge to grant or deny
your eviction. How can I get a court date (sometimes called a
The email address (if you have one) and mailing address “return date”) to put on my Eviction Summons?
you put on the forms is where important legal documents You must ask for a court date that gives the sheriff or
will be sent to you. You should use an email account that special process server enough time to serve the
you do not share with anyone else and that you check Defendant at least 3 days before the court date (7 days
every day. If you do not check your email every day, you in Cook County).
may miss important information, notice of court dates, or o Outside Cook County:
documents from other parties.
• Before filing your case, contact your local Circuit
Where can I find the forms I need? Clerk’s office to ask about their process for filing
You can find the forms at ilcourts.info/forms. the Eviction Complaint and Summons. To find
the Circuit Clerk’s phone number, visit
Who should I name as Plaintiff in the Eviction illinoiscourts.gov/courts/circuit-court/circuit-court-
Complaint? clerks/.
• Once you have your court date, fill in that
o You must be the Plaintiff. The Plaintiff files the
information on the Eviction Summons.
lawsuit and is usually the landlord or owner of the
o In Cook County:
property. If a corporation or LLC owns the property,
it must hire a lawyer. Property managers cannot file • If you are e-filing in Cook County, select your
on behalf of the owner. court date in the “return date” field. The Circuit
Clerk will print the court date, time and
Who should I name as Defendants in the Eviction courtroom number on the Eviction Complaint
Complaint when multiple people live on the and Eviction Summons when you e-file.
property? • If you are filing in person because you have a
Certification for Exemption from E-filing, ask the
o You should name every adult who lives in the Circuit Clerk for a court date when you file your
property. Eviction Summons, and fill it in.
o You should include “All Unknown Occupants” as a • You may be able to attend the court date by
Defendant. If the sheriff comes out to evict the phone or video. This is called a “Remote
people on the property and finds someone there Appearance.” Call the Circuit Clerk or visit their
who was not named, the sheriff will not evict that website to find out how to do this. To find the
person unless you have included "All Unknown phone number for your Circuit Clerk, visit
Occupants" as a Defendant. ilcourts.info/CircuitClerks.

When can I ask for rent and other remedies? What do I do after I fill out my forms?
In your Eviction Complaint, you can ask the court for any
of the following: File your forms with the Circuit Clerk in the county
where the property is located.
o To have the sheriff evict the Defendants and give
you possession of the property; o If you are filing your Eviction Complaint in Cook
County, make sure to file it in the municipal district
o Court costs, including filing and service fees;
where the property is located. For a list of municipal
o All past due rent and any rent that comes due while districts visit:
the case is pending, if there is an oral or written cookcountycourt.org/about/organization-court.
lease;
Find Illinois Supreme Court approved forms at: ilcourts.info/forms.
E-I 3511.4 Page 4 of 8 (06/24)
o You must file these forms: o To ask for an exemption from e-filing, use the form
• Eviction Complaint. You must attach your Notice at ilcourts.info/ExemptionCircuit. If you cannot print
or Demand, as well as your Affidavit of Service this form, then ask for it at your local courthouse.
of a Demand or Notice. If you did not serve a • File your Certification for Exemption from E-
Notice or Demand, you should attach an Filing form with your other court forms at the
Affidavit -Supporting Documents Not Attached to Circuit Clerk's office or by mail.
Eviction Complaint; AND • Bring or send your signed court forms and at
• Eviction Summons. You must include every least two copies of your forms to the Circuit
page of the Eviction Summons and you cannot Clerk’s office. Ask them to stamp your copies
change the form. and return them to you.
E-filing: • If you need to make copies of your forms, you
o After you fill out your court forms, file them with the can do that at the Circuit Clerk’s office. They
Circuit Clerk. This is done by electronic filing, called may charge you to make copies.
‘e-filing’. You do not have to e-file if:
o If you mail your court forms to the Circuit Clerk’s
• you qualify for an exemption (see “Not E-Filing” office, include a stamped envelope addressed to
below) or you. The Circuit Clerk will file your forms then send
• your case involves a criminal matter. your copies back to you in the envelope.
o Most people e-file their forms using Odyssey eFileIL
at ilcourts.info/efile. STEP 3: SERVE THE EVICTION
o Follow step-by-step instructions and watch videos
that walk you through the steps for e-filing at
COMPLAINT AND EVICTION
ilcourts.info/EfileHowTo. SUMMONS ON DEFENDANTS
o E-filing is easier on a computer. It may not work on a
cell phone or tablet. How do I serve the Defendants with an Eviction
o If you do not have access to a computer or if you Complaint and Eviction Summons?
need help e-filing, take your completed forms to a The sheriff must serve each of the Defendants at least 3
public library or a Circuit Clerk, Appellate Clerk, or days (7 days in Cook County) before the first court date
Supreme Court Clerks’ office. These places offer (also known as the “return date”) which is on the Eviction
public computers where you can e-file your forms. Summons.
• Depending on your courthouse, you can bring o You must deliver to the sheriff, either in person or by
your forms on paper and there may be public mail, copies of your Eviction Summons and Eviction
computers with a scanner where you can turn Complaint (one for each Defendant).
your paper forms into electronic files.
• In person:
• Librarians and courthouse staff may be able to
help you e-file, but they cannot provide legal  Bring the forms to the sheriff's office.
advice.  Give the sheriff a copy of your Order for
Waiver of Court Fees (if you have one)
Not E-filing and pay your portion of the sheriff’s
o Some people are not required to e-file, which means fees.
they can file paper forms at the courthouse or by • By mail:
mail. People who do not have to e-file are:  Mail copies of your forms to the sheriff’s
• Inmates in prison or jail who do not have a office. Sending your forms to the sheriff by
lawyer mail may delay your case.
• People with a disability that keeps them from e-  Include the Letter to the Sheriff (Serving an
filing Eviction Summons and Eviction Complaint)
o You may also qualify for an exemption from e-filing if found at ilcourts.info/forms.
you:  Include a self-addressed and stamped
• Do not have Internet or computer access in your envelope so the sheriff can mail back to you
home, and it is hard for you to travel. the Affidavit of Service of Eviction Summons
and Eviction Complaint, which is part of the
• Have trouble reading, writing, or speaking Eviction Summons. This Affidavit will state
English. whether, how and when the sheriff served
• Are filing documents in a sensitive case, such as each Defendant.
an order of protection.  Include a copy of your Order for Waiver of
• Tried to e-file your forms, but you were not able Court Fees (if you have one) and pay your
to because the equipment or help you needed portion of the sheriff’s fee.
was not available. o Serving a Defendant who does not live in the county
where the case was filed:

Find Illinois Supreme Court approved forms at: ilcourts.info/forms.
E-I 3511.4 Page 5 of 8 (06/24)
 • Get the name, address, and telephone number unable to serve the Defendants in person, then you
for the sheriff in the county where the Defendant may serve them by posting.
lives. o To serve the Defendants by posting, you must:
• Call the sheriff’s office to confirm the number of • Complete an Affidavit for Service by Posting,
copies the sheriff requires. which states why you need to serve by posting.
• If you have an Order for Waiver of Court Fees, You have to show at least 1 of the following:
confirm that the sheriff will accept this. It must  The Defendant lives outside of Illinois;
be accepted by all sheriffs in Illinois, but not in  The Defendant has gone outside of Illinois;
other states.
 You know the Defendant is in Illinois but you
• Mail copies of your forms to the sheriff’s office cannot find them; OR
as explained in the By mail section above.
 You cannot find the Defendant after trying
o If you are not able to serve the other party before your best.
your court date, go to the court date and ask the
judge to let you file a new Eviction Summons • Bring your Affidavit for Service by Posting to
(sometimes called an “Alias Eviction Summons”) your court date. Tell the judge you will serve the
and set another court date. This will give you time to Defendants by posting.
serve the new Eviction Summons with the new date • Fill out a Notice Requiring Appearance in
and time. Pending Eviction Action.
• Go back to Step 2 to file this new Eviction o You will need to put a new court date on the Notice
Summons. Remember to bring the judge’s order by Posting Requiring Appearance in Pending
to the Circuit Clerk setting the new date. Eviction Action before you file it.
• Follow Step 3 and ask the sheriff to try to serve • If you got a court date from the judge, put that
the other party again. Remember to attach the date, time and courtroom on the Notice.
original Eviction Complaint to the new Eviction • If you did not get a court date from the judge,
Summons. call the Circuit Clerk to ask for a court date. Put
• If you do not wish to use the sheriff, you may be that date, time, and courtroom on the Notice.
able to use a special process server to serve the o File the Affidavit for Service by Posting and a copy
Eviction Summons instead. of the Notice by Posting Requiring Appearance in
• For information about how to use a special Pending Eviction Action that will be posted.
process server, see How to File & Send a o The Circuit Clerk or the sheriff may charge fees to
Motion to Appoint Special Process Server at file or serve your Affidavit and Notice by Posting
ilcourts.info/forms. Requiring Appearance in Pending Eviction Action. If
you have an Order for Waiver of Court Fees, all or
What if the sheriff or special process server has part of these fees will be waived.
tried and been unable to serve the Eviction o After you file, give the Notice to the sheriff to post
Summons and Eviction Complaint personally? and pay your part of any fees. The sheriff may need
The sheriff may be able to serve the Defendants by multiple copies of the Notice or other papers before
posting notices of the eviction in the area around the they will serve the Defendants by posting. Call the
property. Serving the Defendants in this way is called sheriff’s office and ask for their requirements.
“service by posting.” o The sheriff must post the Notice at least 10 days
You must follow special rules to serve the Defendants by before the court date. The sheriff will file an affidavit
posting. If you do not follow the special rules, the judge proving they served the Defendants by posting.
may make you serve the Defendants again. NOTE: Only a sheriff can serve the Defendants by
o Before you can serve by posting, you must first posting. Neither you nor a special process server can
make a “diligent inquiry” to have the sheriff or serve a Defendant this way.
special process server find and serve the o At the court date, bring with you:
Defendants in person. A diligent inquiry means you • Any earlier Affidavits of Service of Eviction
have tried every commonsense way to find and Summons & Eviction Complaint showing the
serve them. This may include attempts by the sheriff Defendants could not be personally served;
or special process server to find and serve the
Defendants at the property on different dates and at • The Affidavit for Service by Posting;
different times of day. If you know of other • The Notice by Posting Requiring Appearance in
addresses where the Defendants could be served Pending Eviction Action; and
(like their work or a friend or family member’s • The sheriff’s posting affidavit, if available.
address), you must try to have them served at these
addresses as well. o If the judge agrees you did what you reasonably
could to try to serve the Defendants in person and
o After you have had the sheriff or special process that you followed the service by posting rules, then
server make a diligent inquiry and they have been they will proceed with the eviction case. The judge

Find Illinois Supreme Court approved forms at: ilcourts.info/forms.
E-I 3511.4 Page 6 of 8 (06/24)
 may decide to have a trial immediately, or may Go to your court date.
schedule a new trial date. After you serve the o Bring these items with you to court:
Defendants by posting, prepare for trial before you
come to court. • A copy of the Eviction Complaint and Eviction
Summons;
o If you serve the Defendants by posting, you will be
able to get an Eviction Order if you prove your case • Proof that the Eviction Summons and Eviction
in court. However, you will not be able to get a Complaint were served on the Defendants;
money judgment against the Defendants unless the • a copy of the Notice or Demand (if any);
judge decides they have “personal jurisdiction” over • Affidavit of Proof of Service of a Demand or
them. Talk to a lawyer about how a judge gets Notice;
personal jurisdiction over Defendants.
• The written lease if your Eviction Complaint is
How do I confirm the sheriff served the forms on the based on a lease violation, other than non-
other party? payment of rent;
o After the sheriff serves the other party with your • Affidavit – Supporting Documents Not Attached
court forms, they will fill out the Affidavit of Service of to Complaint if you do not have a Notice,
Eviction Summons & Eviction Complaint section of Demand, or Affidavit of Service of a Demand or
your Eviction Summons form and file it with the Notice;
Circuit Clerk OR mail it to you. • If you are evicting the Defendants for
• If the sheriff files the Eviction Summons with the nonpayment of rent, bring a copy of your rent
completed Affidavit of Service of Eviction ledger, receipt book, and any other documents
Summons & Eviction Complaint directly with the to show how much the Defendants owe;
Circuit Clerk, call the Circuit Clerk to find out if it • If you are evicting the Defendants for a lease
has been filed. If it has been filed, ask the Circuit violation other than nonpayment of rent, bring
Clerk how to get a copy. any documents, photographs, or other evidence
• If the sheriff mails the Eviction Summons with showing that the Defendants committed the
the completed Affidavit of Service of Eviction lease violation; AND
Summons & Eviction Complaint to you, e-file the • Any other evidence or witnesses that you feel
Affidavit of Service of Eviction Summons & may be important to your case.
Eviction Complaint. If you have an e-filing
exemption, make a copy for yourself and file the o Get to the courthouse at least 30 minutes early.
Affidavit of Service of Eviction Summons & o Go to the courtroom number listed on your court
Eviction Complaint with the Circuit Clerk and form.
have the Circuit Clerk stamp your copy. o Check in with the courtroom staff and wait for your
name and case number to be called.
STEP 4: GO TO COURT o When your case is called, approach the bench
Get ready for your court date. (which is where the judge sits), introduce yourself
and give the Defendants an opportunity to introduce
Make sure you know how to attend themselves.
your court date. o If your court date is by phone or video:
Your court date could be in person, by phone or • Make sure to have the call-in or login information
by video. If it is by phone or video, it is called a for your court date and make sure your
“Remote Appearance.” Call the Circuit Clerk or technology is working.
visit their website for more information. To find • Follow the instructions on the court notice you
the phone number for your Circuit Clerk, visit received. Call the Circuit Clerk or Circuit Court
ilcourts.info/CircuitClerks. or visit their websites for specific technology
instructions.
• Follow these recommendations to appear by
o Gather and make copies of pictures and documents phone or video: illinoiscourts.gov/self-help/court-
you want the judge to see. Be prepared to explain by-phone-or-video.
why the pictures or documents are important. Bring Will my case go to trial on the first court date?
the original for the judge and copies for you and the
Defendants. o It may, but the judge may continue the case for any
number of reasons, such as:
o Talk to anyone who you want as a witness and ask
them to come to the court date with you. Decide and • You cannot show you properly served the
write down the questions you will ask the witnesses Eviction Summons;
at the court date. • The Defendants may ask for time to get a
o Decide and write down what you will say to the lawyer;
judge if asked to tell your side of the case.

Find Illinois Supreme Court approved forms at: ilcourts.info/forms.
E-I 3511.4 Page 7 of 8 (06/24)
 • The Defendants may file a jury demand (asking • removing any personal property from the unit;
that the case be decided by a jury instead of a AND
judge); OR • any other requirements.
• The judge may grant either party more time to o If you do not follow your sheriff’s office procedures, it
gather necessary evidence. For more could delay the eviction.
information about how to get evidence, including
o If you have an Order for Waiver of Court Fees, all or
from the other side, see illinoislegalaid.org/legal-
a portion of any fee the sheriff charges will be
information/using-discovery-lawsuit.
waived. Give a copy of your Order to the sheriff.
What happens during the trial?
How do I get the tenants to pay the money
o You will be placed under oath. You will have a judgment?
chance to tell the judge your side of the case.
If the tenant does not pay you the money listed on the
o The Defendants can question you and your Eviction Order, you may have to go back to court to try
witnesses. to collect the money. For more information see:
o The Defendants then have the chance to tell the illinoislegalaid.org/legal-information/collecting-judgment.
judge their side of the case.
o You can question the Defendants and their
witnesses.
o You and the Defendants can show documents to the
judge. The judge will decide what evidence will be
used to decide the case.

What happens after both sides present their case?
o The judge will make a decision and enter an order.
o If the judge needs more information to make a
decision, the judge may continue the case to a later
date. If the judge wants more information, write
down what is needed and bring it with you to the
next court date.
o If the judge has enough information to make a
decision, they will enter an order.
o If the judge rules in your favor, the order will give
you possession of your property. The order may also
award you the rent due, court costs, and attorneys’
fees. The order will give a date and time by which
the Defendants must move out. If the Defendants do
not move by that time, you may contact the sheriff
(see Step 5). ONLY THE SHERIFF MAY EVICT
THE DEFENDANTS!
o If the judge rules against you, the judge will dismiss
your case.

STEP 5: ENFORCE THE
EVICTION ORDER
How do I get the sheriff to evict the tenants?
After court, you must take the Eviction Order to the
sheriff’s office. You may need to fill out extra forms,
make copies, get certified copies, and/or pay fees.
o You will need to ask your sheriff’s office what their
process is for:
• telling you when they will come to do the eviction
(because you or someone on your behalf must
be at the property when the sheriff goes out);
• having the locks changed;
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Find Illinois Supreme Court approved forms at: ilcourts.info/forms.
E-I 3511.4 Page 8 of 8 (06/24)