How to Fight an Illegal Eviction in Illinois

If you're a renter in Illinois facing eviction, it's important to know that not all evictions are lawful. Illinois law sets out strict procedures that landlords must follow before removing a tenant from their home. This page explains what an illegal eviction is, how to recognize your rights, and the steps you can take to protect yourself if you believe your eviction is not legal.

Understanding Illegal Eviction in Illinois

An eviction is considered "illegal" when your landlord tries to remove you from your rental home without following the legal process required by the Illinois Forcible Entry and Detainer Act. This includes:

• Changing your locks without a court order
• Turning off utilities to force you out
• Physically removing your belongings without legal notice

Only a court-ordered eviction, enforced by the sheriff, is legal in Illinois. A landlord cannot evict you by themselves, even if you are behind on rent or there is a lease violation.

Legal Process for Eviction in Illinois

Your landlord must follow these steps to lawfully evict you:

• Give you proper written notice (such as a 5-day, 10-day, or 30-day notice, depending on the reason)
• File an eviction lawsuit, called a "Forcible Entry and Detainer" action, with the court
• Attend a court hearing where you can present your side
• If the court rules in favor of the landlord, a judge will issue an Eviction Order
• The sheriff, not the landlord, carries out the actual eviction if you do not move voluntarily

Skipping any part of this process makes the eviction illegal, and you may have the right to stay in your home or even seek damages.

Actions You Can Take to Fight an Illegal Eviction

If you believe your landlord is trying to evict you without going to court, or without a sheriff, you have clear rights and legal steps to protect yourself.

1. Stay Calm and Document Everything

• Record all communications with your landlord
• Take photos or videos if locks are changed or utilities are shut off

2. Contact Local Authorities

• If you are locked out or threatened, contact your local police or sheriff's office. Lockouts are illegal under Illinois law.
• Show police your lease and explain the situation clearly.

3. File a Complaint with the Circuit Court

You may file a "Verified Petition for Emergency Relief" with your county's Circuit Court if you have been unlawfully locked out. This can ask the court to order your landlord to let you back in.

• Form: Verified Petition for Emergency Relief (no standardized statewide number; available from your county circuit clerk or local legal aid)
  Example: You arrive home to find your landlord changed the locks without notice. You can use this form to quickly ask a judge for help.
  Find Court Forms - Illinois Courts

4. Responding to a Formal Eviction Notice

• If you receive an official court summons (Eviction Summons and Complaint), respond on time—even if you think the eviction is wrongful.
• Form: Appearance Form (Form: Appearance - CCDO0021)
  Example: The court papers say you have a hearing next week. File an Appearance so your side will be heard.
  Official Illinois Eviction Forms
• Form: Answer/Response to Eviction Complaint
  Example: You want to explain in court why the eviction is not lawful (for example, you never received a written notice).
  Answer to Eviction Complaint, Illinois Courts

5. Request a Stay of Eviction Enforcement

• If the sheriff comes but you believe the process was illegal or unfair, you can ask the court for a "stay," which puts the eviction on hold.
• Form: Motion to Stay Eviction
  Example: You need more time to find a new place or the landlord didn’t follow the correct procedure.
  Find Court Forms - Illinois Courts

Your Rights Under Illinois Law

• You may be entitled to return to your home if illegally locked out
• You may sue for damages if your belongings are removed, or utilities cut to force you out
• The sheriff is the only person who may forcibly remove a renter after a court order
• Retaliation by landlords for exercising your rights is illegal

The Illinois Forcible Entry and Detainer Act is the main legislation protecting renters facing eviction. The courts that handle these disputes are called Illinois Circuit Courts. In Cook County, you can directly visit the Cook County Law Division – Eviction Section for more details.

FAQ: Fighting Illegal Eviction in Illinois

1. Can my landlord change the locks without going to court?
   No. Lockouts without a court order are illegal in Illinois. Only the sheriff, after a judge's order, can change locks to remove a tenant.
2. What should I do if I’m suddenly locked out of my apartment?
   Contact local police and file a complaint. Bring proof of your tenancy and ask the court for emergency relief to regain access.
3. Do I have to move out after receiving an eviction notice?
   No. A written notice from your landlord (like a 5-day or 10-day notice) is just the first step. You only have to leave after a court order and sheriff enforcement.
4. Can I get help paying rent or legal help if I’m facing eviction?
   Yes. Illinois offers emergency rental assistance programs and free legal aid for qualified renters. See resources below.
5. How long do I have to respond to an eviction court summons?
   In most counties, you usually have 7 days from receiving the summons to file your appearance. Always check your form for specific deadlines.

Conclusion: Key Takeaways

• Only court-ordered evictions enforced by the sheriff are legal in Illinois
• Document everything and seek legal help if you’re threatened with an illegal eviction
• Use proper court forms to assert your rights and respond to eviction actions promptly

Need Help? Resources for Renters

• Illinois Legal Aid Online – Eviction Help: Free legal information and support for renters.
• Illinois Courts – Approved Eviction Forms: Download forms needed for eviction court cases.
• Cook County Eviction Section: Information for Chicago-area renters.
• Illinois Rental Assistance Program: Help with rent if you’ve lost income or face eviction.
• Illinois Attorney General – Tenant Rights: Overview of your legal rights and protections.

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1. Illinois Forcible Entry and Detainer Act, 735 ILCS 5/9-101 et seq. Read the legislation.
2. Illinois Courts, Official Eviction Forms. Find forms here.
3. Cook County Law Division – Eviction Section. Learn more here.
4. Illinois Attorney General – Tenant-Landlord Rights. Know your rights.

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