-
Evicting Tenants
On this thread, we will cover evicting tenants due to non-payment and/or other breaching terms and conditions of their rental agreement on their lease. In the attached video, a landlord is making his fourth appearance in court because his tenants violated the terms of his lease of having two Pit Bull dogs and causing damage to the housing unit they were renting.
-
2 Replies
-
How difficult is it to evict tenants on a four-unit owner-occupied multi-family building? I own a four-unit multi-family building on the north side of Chicago. I live in one unit and rent out the three other units. The property should be profitable and pay my PITI and other housing expenses with the rental income. However, two tenants are not paying rent. How do I evict the two apartments that are not paying rent? One of the tenants has two large dogs (Old English Mastiffs), violating the lease. I appreciate any help you can give me.
-
Evicting renters in a four-unit Chicago building where the owner resides is governed by Illinois law and the Chicago Residential Landlord and Tenant Ordinance (RLTO), which outlines specific regulations that must be followed. Adherence to every law detail is critical, as sidestepping regulations could result in unnecessary obstacles and legal disputes. In this article, I will explain how to legally remove two renters—one for Nonpayment of rent, the second for not paying rent and for breaching the lease by keeping pets without permission—while discussing the intricacies of the process. I will also explain the latest updates on eviction laws in Illinois and offer tailored guidance relevant to your case.
Challenges of Eviction in an Owner-Occupied Quad in Chicago
Evictions of tenants in a quad unit building in Chicago, where the owner occupies one of the units, are difficult for these reasons:
Chicago RLTO Protections:
The RLTO applies to your building as it is not exempt under the ordinance, which means it’s not an owner-occupied building with six or fewer units (these are not fully exempt under the law). The RLTO has specific compliance scriveners, tenant notice of violation, enforcement of renter protections, and retaliatory or illegal eviction protections.
Court Process:
In Illinois, a judicial process is involved in eviction, making initiating a lawsuit at the Cook County Circuit Court for an eviction order mandatory. This is a complicated custodial process with notice compliance, documentation, scheduling, and hearings, especially in contested matters.
Tenant Defenses:
Tenants may defend themselves by claiming landlord breach of duty and retaliatory eviction, which can stall the matter. The option to cure lease violations in Chicago gives renters more rights to make corrections, so the process becomes more complicated.
Sheriff Enforcement:
Only the Cook County Sheriff’s office has enforcement powers so that scheduling can add to processing time.
Practical Challenges:
“Pay-and-stay” agreements for rent not being paid are difficult to execute as tenants are likely out of cash.
The issue may be more difficult to address if a tenant disputes the violation of the lease agreement involving large dogs or refuses to get rid of them.
As an owner-occupant of a smaller building, you enjoy some exemptions under the Cook County Residential Tenant Landlord Ordinance (RTLO) whereby you can evict someone without some of the restrictions that larger landlords would face. However, within the limits of the city of Chicago, the RLTO takes priority, and you will need to follow its provisions.
Process for Removing the Two Tenants
The following is a simple procedure to remove the two tenants, one for failure to pay rent and the other for failing to pay rent and committing a lease violation by bringing in unauthorized Old English Mastiffs. Remember, you must attend to each tenant individually because their cases are based on different grounds for eviction.
Tenant 1: Nonpayment of Rent
Serve a 5-Day Notice to Pay or Quit
Requirement:
If the tenant fails to pay rent, landlords are required under the law (735 ILCS § 5/9-209) to issue a 5-day notice calling for full payment of the outstanding balance. In Chicago, this notice is subject to the RLTO.
Content:
The notice must capture the following information:
- Tenant’s name and address.
- The balance of rent due (provide the dollar amount).
- Explain that the tenant has 5 days to pay in full or move out.
- Indicate the date notice is issued and the timeline for compliance, which is five days after receipt.
Service:
Deliver the notice via:
- Handing it directly to the tenant.
- Substitute service to a person over 13 at the tenant’s residence.
- Through the mail, certified or registered with return receipt requested.
- Posting on the premises if no one is available (less common).
Timing:
The 5-day window begins when the notice is received, not counting holidays. If it does not fall on a working day, it is extended to the next business day.
Chicago RLTO Note:
In the scope of the Chicago RLTO, if a tenant fulfills the payment obligations, including any additional court fees from a filed eviction case, within the stipulated 5 days, you are mandated to accept it and must then stop further eviction actions. Post Chicago notice period, tenants have a one-time opportunity to ‘pay and stay’ by settling all outstanding rent and court fees before the eviction order is issued.
File an E-viction Lawsuit:
Should the tenant not comply with the payment or vacate the premises within the indicated five days, initiating an eviction complaint in the Cook County Circuit Court (First Municipal District, Daley Center for the Chicago Properties) is necessary.
Required Documents:
- A photocopy of the signed lease document.
- 5-day notice along with its terms of service, such as an affidavit or return receipt.
- Illinois Legal Aid Online or the court provides an eviction complaint form.
Filing:
Most civil cases must be e-filed in Illinois. An account with an e-filing service provider is mandatory to access the system. In Cook County, filing fees are charged between $200 and $300 and depend on the claim’s amount.
Summons:
In Cook County, summons must be served 7 days before the hearing date. A sheriff or process server (not you) must serve the summons and complaint. The court will then issue a summons.
Court Hearing:
Show up to the court hearing on the date set on your calendar or within the 7-40 days range post-summon issuance. Make sure to carry the following:
- The lease document.
- The 5-day notice alongside the proof of service.
- Evidence of Nonpayment, such as payment records or bank statements.
- All written communication regarding the unpaid rent is with the tenant.
- Tenants have the right to raise their defenses in this first hearing.
Here are some of the fictitious reasons tenants argue:
- Claiming they made payments when they didn’t (you’ll need proof they didn’t).
- Alleging the unit is not suitable for living, hence the rent should be lower (eg, unrepaired issues).
- Retaliation is also a common defense (e.g., alleges you are evicting because they reported code violations).
- If the judge is on your side, they will issue an eviction order.
- The court may postpone enforcement for 60-180 days if the tenant has been granted a payment extension.
Sheriff Enforcement:
If the tenant fails to leave after the eviction order is given, apply to the Cook County Sheriff to enforce the eviction. Only the sheriff can eject the tenant forcibly (not you, as that would be illegal self-help eviction). You are required to be there during the eviction.
The sheriff evicts the tenant but does not take their property. Under Illinois law, you must deal with the eviction of the personal property separately.
Tenant 2: Nonpayment of Rent and Lease Violation (Unauthorized Pets)
The tenant case combines Nonpayment and a lease violation (ownership of two Old English Mastiffs, which are large dogs, in defiance of the lease). You can seek eviction on both angles, although it is often best to concentrate on one to streamline the process. As is usually the case, Nonpayment is easier to establish. Still, the lease violation may counterdefend more strongly if there is a dispute over Nonpayment.
Serve Notices:
For Nonpayment:
Follow the same procedures as above for the 5-day notice to pay or quit.
For Lease Violation:
According to the RLTO of Chicago, a breach of lease terms, such as having unauthorized pets, requires a 10-day notice to comply or quit.
Content:
The notice must include:
- The tenant’s name and address.
- The specific lease provision violated (cite the no-pet clause or pet restrictions).
- A violation cure statement, e.g., “The tenant has 10 days to cure the violation (e.g., remove the dogs) or vacate.”
- The notice and compliance deadline are stated.
Service:
Follow the same procedures as the 5-day notice (personal delivery, substitute service, certified mail, or posting).
Chicago RLTO Specifics:
Compared to other Illinois residents, Chicago residents can cure lease infractions within 10 days (for instance, removing the dogs). If they cure the violation, it will not be possible to proceed with eviction based on that violation. On the other hand, if the dogs are not removed, you can initiate an eviction action.
Strategic Note:
You can issue both the 5-day notice (for Nonpayment) and the 10-day notice (for the lease violation) simultaneously, but each has to be issued separately. If the tenant makes the rent payment but does not comply with removing the dogs, you may still evict him for the lease breach. On the other hand, if he removes the dogs but does not pay rent, surrendering the lease premises, you may sue him for Nonpayment.
File an Eviction Lawsuit:
- If the tenant does not pay or remove the dogs during the respective notice periods, initiate an eviction complaint in the Cook County Circuit Court.
- State both causes (Nonpayment and lease violation) in the complaint, together with:
- The lease document (marked the no-pets clause or any pertinent section with pet restrictions).
- The 5-day and 10-day notices with proof of service provided.
- Proof of lease violation (photos showing dogs on the premises, admissions by the tenant, or complainants who are the neighbors).
Summons and Filing
This is a continuation of the same steps as for Tenant 1. This includes summons and filing.
Court Hearing:
Cover proof for the Nonpayment as well as the lease breach. For the dogs:
- Explain how the lease either explicitly bans pets/or limits the breed and size of pets allowed (if applicable).
- Present proof of ownership of the Old English Mastiffs (photos, witness statements, or vet records if available).
Possible tenant arguments:
- The lease doesn’t explicitly ban large dogs (ensure clarity).
- They cured the breach by removing the pets (confirm that they have been removed).
- Eviction is retaliatory (you are suing for other reasons).
- Despite these combined arguments, it is still possible to win, provided sufficient proof is provided.
- Should the judge side with you, however, an eviction order will be issued.
Sheriff Enforcement:
This follows the same procedure as Tenant 1 concerning having the sheriff enforce the eviction order.
Important Issues and Concerns
Exemptions under Chicago RLTO:
Your four-unit owner-occupied building is subject to the Chicago RLTO. However, certain provisions (e.g., some notice requirements) may be more lenient for owner-occupants. Nonetheless, the full RLTO anti-lockout provisions and applicable notice requirements still apply. You cannot change locks, remove doors, or cut utilities to tenant-hostile release terms—tenants could sue you for two months’ rent or damages plus attorney fees for termination of services. [](https://www.cookcountyil.gov/rtlo)%5B%5D(https://bc-firm.com/chicago-landlord-tenant-ordinance/)
Tenant’s Right to Cure Defenses:
The RLTO allows tenants with dogs 10 days to remove the dogs. You cannot evict them if they comply with the pet infraction. However, you can still pursue contractual Nonpayment of rent.
Pay-and-Stay Terms:
In Chicago, tenants have a one-time right to pay all outstanding rent and associated court costs before the issuance of an eviction order. This right extends to both tenants. You must grant them the right to cease non-claim payment if satisfied.
Record Keeping/ Document Preservation:
Meticulously maintain the following:
- Notice documents along with proof of service.
- The lease agreement outlining the payment terms includes rent, pets, and other obligations.
- Court evidence of Nonpayment, including bank capture image statements or payment history snapshots.
- Proof of dogs on the premises (photographic evidence, complaints from neighbors, or breach of lease notifications). Tenant assistance services.
The role of Chicago is very complicated, and so are the potential defenses that may arise. I think it is strongly recommended that you speak to a qualified landlord-tenant attorney. Legal services may be accessed at a telephonic level for Cook County Legal Aid for Housing & Debt through 855-956-5763 and Rentervention at 312-347-7600. For other resources, you may visit https://www.chicago.gov/city/en/depts/doh/provdrs/renters/svcs/eviction-and-lockout-resources.html.
Timeline.
Based on the tenant’s interactions and responses to the notice, the process can take an average of 30-90 days. Suppose the tenant raises valid defenses or contests the eviction. In that case, there is a high likelihood of delay in the process as a whole. For more information, visit https://ipropertymanagement.com/laws/illinois-eviction-process.
Financial Impact.
No rent is received during eviction proceedings, and additional costs are incurred. All filing, sheriff, and legal fees must be accounted for, making the average total between 200 and 300 dollars. In contrast, could you develop a proposed move-out agreement where back rent can be forgiven if they leave by a specific day? More information available here https://www.illinoislegalaid.org/legal-information/understanding-eviction-tenant
Updated Eviction Laws for Illinois 2021- 2025 Click County RTLO 2021:
Navigate through your building under the RTLO of Chicago. Cook County’s regulations are relevant for suburban properties, too. The RTLO supplements the RLTO by enforcing stronger anti-lockout and notice restrictions with lease break, including a five-day notice period for Nonpayment and a ten-day notice for lease breaches.
Chicago Fair Notice Ordinance:
This was enacted in 2020 and effectively states that lease terminations require a 3-month notice for tenants remaining for over 6 months and a 4-month notice for anyone leasing for over 3 years.
This does not directly address nonpayment or lease violation evictions. Still, it’s relevant if you plan on lease terminations in the future.
Immigrant Tenant Protection Act (2019):
This is relevant regarding immigration status-based or ICE threat-based evictions, which I agree do not apply to your situation, but are nonetheless part of tenant protections in Illinois.
No Recent Moratoriums:
As of May 19, 2025, no COVID-19-related eviction moratoriums exist in Illinois or Chicago. This means you are unrestricted in your actions.
Practical Advice
Strengthen Your Lease:
For future tenants, ensure the lease explicitly forbids large dogs and specifies acceptable small dog breeds. Add clear terms describing breaches and lay out the procedures for eviction.
Negotiation Option:
Before court filings, could you consider offering one where you forgo back rent in exchange for the tenants vacating on or before a certain date (4 to 6 weeks)? This eliminates court and time delays and is ten times more likely if the tenants have no intention of paying. Please make sure the contract grants neutral references and confidentiality in all discussions.
Document the Dogs:
Old English Mastiffs’ tenant documentation includes lease breach evidence, such as photographs and neighbors’ complaints.
Resources
Cook County Legal Aid for Housing & Debt:
For free legal or mediation services, call 855-956-5763.
Rentervention:
For confidential help, call 312-347-7600 or visit rentervention.com. While they primarily assist tenants, they can provide guidance on the process.
Illinois Legal Aid Online:
Provides access to forms and instructions for drafting eviction notices and complaints.
Cook County Circuit Court:
You may initiate your eviction case at Daley Center (First Municipal District) or check e-filing rules at http://www.cookcountycourt.org.
Further Guidance
Avoid Self-Help:
Under Illinois law and the Chicago RLTO, removing tenants by changing locks, removing personal property, or shutting off utilities is illegal and could result in penalties or litigation.
Mitigate Losses:
Consider raising rent for the unit occupant who pays as you work through the eviction process (with proper 60- or 120-day notice according to Fair Notice Ordinance) or find new tenants faster to reduce loss.
Removing the two tenants from your owner-occupied four-unit building in Chicago is possible, but it must comply fully with the Chicago RLTO and Illinois law. For the tenant who does not pay rent, issue a 5-day notice to pay or quit, and take them to court if necessary. For the tenant with Nonpayment and dogs without proper authorization, serve a 5-day notice (for rent) and a 10-day notice to comply or quit (regarding the dogs), allowing them to cure the violation by removing the dogs. The entire procedure may take between 30 and 90 days, and the expenses of filing fees would total around $200-$300, along with attorney fees, if applicable. Could you speak to a landlord-tenant attorney to avoid making mistakes, especially with Chicago’s pro-tenant atmosphere, and consider negotiation for faster move-out timelines? Everything should be documented, and no self-help eviction strategies should be used.
I can customize your guidance if you provide additional information (e.g., lease details, communication with tenants, or specific figures owed). Would you like me to make a sample eviction notice form or walk you through any specific step in more detail?
cookcountyil.gov
Cook County contains 134 municipalities in its region, the most well known being the City of Chicago – which is the County seat where the central offices of Cook County are located.