What is the best legal way(courts) to proceed when a tenant will not leave after their lease has expired and I have served them with a notarized 5 day notice (I just want them out)

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What is the best legal way(courts) to proceed when a tenant will not leave after their lease has expired and I have served them with a notarized 5 day notice (I just want them out-Possession)

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If you have served the tenant

If you have served the tenant with notice to vacate the residence and the tenant remains in the residence, the next thing you can do is file a lawsuit to evict the tenant. In Illinois, you can only evict a tenant by completing the necessary legal steps, self-help measures like evicting the tenant on your own can result in you paying damages to the tenant for the violation of the law. For example, if you evict the tenant yourself, you can face fines of up to $500 per day. To file an eviction case, visit the Court Clerk’s office in your county and ask for an eviction complaint form. Complete the form including as much information about your situation as possible. File the form with the Court Clerk;s office. After you file the complaint, take two copies of the complaint to the Sheriff’s office, located in the courthouse, and ask the sheriff to serve the tenant with a copy of the complaint and the summons indicating the place and time the tenant must appear before the court. Expect to pay a filing fee and a fee for the Sheriff to serve your documents on the defendant. If you cannot afford to pay these fees, you may qualify for a waiver. Ask the clerk how to obtain a fee waiver when you complete your complaint. Next, you will appear at a court hearing, and the judge will consider whether you followed the proper procedure to evict the tenant. If the judge determines that you have the right to possession of the property, the judge will grant an order for possession. The order will usually provide the tenant with a reasonable amount of time to vacate the property. Finally, place the Order for Possession with the Sheriff, who will then go to the property and remove the tenant. For additional information, see http://www.illinoislegalaid.org/index.cfm?fuseaction=home.dsp_content&contentID=3917.

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If you have served the tenant

If you have served the tenant with notice to vacate the residence and the tenant remains in the residence, the next thing you can do is file a lawsuit to evict the tenant. In Illinois, you can only evict a tenant by completing the necessary legal steps, self-help measures like evicting the tenant on your own can result in you paying damages to the tenant for the violation of the law. For example, if you evict the tenant yourself, you can face fines of up to $500 per day. To file an eviction case, visit the Court Clerk’s office in your county and ask for an eviction complaint form. Complete the form including as much information about your situation as possible. File the form with the Court Clerk;s office. After you file the complaint, take two copies of the complaint to the Sheriff’s office, located in the courthouse, and ask the sheriff to serve the tenant with a copy of the complaint and the summons indicating the place and time the tenant must appear before the court. Expect to pay a filing fee and a fee for the Sheriff to serve your documents on the defendant. If you cannot afford to pay these fees, you may qualify for a waiver. Ask the clerk how to obtain a fee waiver when you complete your complaint. Next, you will appear at a court hearing, and the judge will consider whether you followed the proper procedure to evict the tenant. If the judge determines that you have the right to possession of the property, the judge will grant an order for possession. The order will usually provide the tenant with a reasonable amount of time to vacate the property. Finally, place the Order for Possession with the Sheriff, who will then go to the property and remove the tenant. For additional information, see http://www.illinoislegalaid.org/index.cfm?fuseaction=home.dsp_content&contentID=3917.