The Landlord’s Guide to Kendall County Evictions

 Posted on December 30, 2025 in Real Estate

For landlords and real estate investors in Kendall County, evictions are one of the highest-risk legal issues you will face. An eviction is not just about removing a tenant; it is a legal process that can expose you to counterclaims, delays, and personal liability if handled incorrectly.

At Gateville Law Firm our Kendall County real estate lawyer represents landlords in landlord/tenant disputes. We approach evictions as risk-management issues, helping you navigate the process efficiently while protecting your long-term wealth.

What Are the Reasons a Landlord Can Evict in Illinois?

In Kendall County, a landlord must have "cause" to terminate a lease early. Common legal grounds include:

• Non-payment of rent (735 ILCS 5/9-209) is the most frequent reason for eviction

• Lease Violations, like unauthorized pets, unapproved occupants, or property damage

• Illegal Activity, such as using or selling drugs on the premises can trigger an unconditional notice to quit

• Holdover Tenants, when a tenant refuses to leave after the lease has expired or been terminated by notice

What to Do When Your Illinois Tenant Stops Paying Rent

If a tenant fails to pay, your first priority is to preserve your right to file in court. Do not engage in "self-help" evictions. Changing locks or shutting off utilities is illegal and can lead to you owing the tenant damages. Instead:

• Serve a Five-Day Notice: This is the formal demand for the full amount owed.

• Strictly Follow Service Rules: In Illinois, you must serve notice personally, to a resident over age 13, or via certified mail with a return receipt.

• Refuse Partial Payments: Accepting a partial payment may "waive" your right to continue the eviction unless you have a written agreement stating otherwise.

Understanding the Illinois Evictions Notice Process 

The eviction process begins before you set foot in a courthouse. You must match the notice to the violation: Five-Day Notice for non-payment, Ten-Day Notice for lease violations, and Thirty-Day Notice for ending a month-to-month tenancy without a specific lease violation.

How to Evict a Tenant Who Won’t Leave

When a tenant ignores your notice, you must transition to a Forcible Entry and Detainer lawsuit. This involves:

Filing the Complaint

We file the lawsuit in Kendall County Circuit Court. The suit includes the summons and proof of your served notice.

The Court Hearing

You must present evidence of the lease breach. If successful, the judge enters an Order of Possession or an Agreed Order. An agreed order often reduces risks and gets the property back to the landlord quicker.

Sheriff Enforcement

Only the Kendall County Sheriff can physically remove a tenant. If they won't leave after the court's deadline, we coordinate with the Sheriff's office to enforce the order.

What Protections Do Landlords Have Under Illinois Law?

While Illinois law is strict regarding tenant rights, landlords have significant protections when the process is followed correctly:

• Right to Remedies: The law allows you to recover possession, unpaid rent, and — depending on your lease — court costs and attorney fees.

• Expedited Proceedings: Eviction cases are generally "expedited" in the court system compared to other civil lawsuits.

• Property Disposal: Once the Sheriff completes the eviction, the law provides clear rules on how to legally dispose of abandoned property.

How Long Does it Take to Evict in Kendall County?

A typical eviction often takes six to eight weeks to reach a possession judgment. However, the timeline can be longer if the tenant raises defenses like "habitability" or if there are delays in Sheriff enforcement.

Working with Gateville Law Firm Gives You the Advantage of Personalized Attention

Unlike high-volume firms where your case might be one of hundreds, Gateville Law Firm intentionally manages a focused caseload. This means we have more ability to give each landlord our direct attention.

Our personalized approach reduces the risk of missing critical deadlines, helping you stop the loss of rent more quickly. And by moving your case through the system with precision, we help you get back to generating income or successfully closing a sale.

Let Our Kendall County Landlord’s Lawyer Take Action to Protect Your Investment

Don't let a procedural error jeopardize your real estate portfolio. Whether you are dealing with a non-paying tenant or considering selling the property after an eviction, our landlord-focused firm is here to help.

Contact Gateville Law Firm today at 630-780-1034 to schedule a consultation with our Kendall County real estate attorney for landlords and ensure your eviction strategy is built on a foundation of total asset protection.