PROPER NOTICE IS KEY!!!!

We cannot emphasize this enough. You need proper notice BEFORE you can evict someone! In the vast majority of cases, landlords MUST serve proper notice to a tenant before filing an eviction complaint. If proper notice is not given, the landlord will likely have to start the entire process over again!

Miller Bammi LLC, a full service Chicago-based law firm, focuses on Chicago evictions, Chicago building code violations, real estate closings, contract related matters, business formations, general litigation, estates and trusts and other areas. Contact us at admin@millerbammi.com or 312-238-9298.

Please note this is intended to give general information to the public. Although the information is generally accurate, it cannot be guaranteed and this information should not be construed as legal advice upon which a reader can rely. In all cases, please consult a lawyer before acting. This is intended to be advertising, and not solicitation, or legal advice.

Proper notice is very important!

We cannot emphasize this enough. You need proper notice BEFORE you can evict someone! In the vast majority of cases, landlords MUST serve proper notice to a tenant before filing an eviction complaint. If proper notice is not given, the landlord will likely have to start the entire process over again!


Miller Bammi LLC, a full service Chicago-based law firm, focuses on Chicago evictions and landlord-tenant disputes, among other areas. Contact us at admin@millerbammi.com or 312-238-9298.

Please note this is intended to give general information to the public. Although the information is generally accurate, it cannot be guaranteed and this information should not be construed as legal advice upon which a reader can rely. In all cases, please consult a lawyer before acting. This is intended to be advertising, and not solicitation, or legal advice.

How to evict a tenant in Chicago

How to evict a tenant in Chicago


-First of all, the eviction process is very technical and should be handled by an attorney with experience in this area.  If you hire someone without experience or if you try to do it yourself, you will likely make a mistake and will then have to start the whole process over again.

-The eviction process starts with proper notice given to the tenant.  For example, this can be a 5-day notice for non-payment of rent or another type of notice depending on the situation.  Proper notice to the tenant by the landlord is extremely important. There are different requirements for the notice to have.  If the notice is not proper, it will get thrown out in court.  Chicago tends to be very tenant-friendly.

-After proper notice and the expiration of the related amount of time, you can file a complaint and summons in Court. The County Sheriff will then "serve" the tenant to make them aware of the law suit and court date.

-What happens next can be any number of things.  Eviction cases are not always predictable.  If the tenant hires an Attorney, it can get dragged on for months and a countersuit is possible. 

-Eventually, if the landlord is successful in Court, they will receive an Order for Possession and possibly a money judgment.

-An "Order for Possession" from the Court grants the landlord the right to retake possession of the rental property from the tenant.  However, the Sheriff is the one that actually evicts the tenant, not the landlord!

-Once the Order of Possession is obtained and the "stay of enforcement" (if given by the Judge) is expired, the landlord must call upon the County Sheriff to remove the tenant.

-The Sheriff is currently backlogged for weeks so it may take a while before the Sheriff actually comes out and evicts the tenant.

Summary: The eviction process, especially in the City of Chicago, is very technical and can take months to complete.  If you are a landlord who needs to evict a tenant, you need an experienced, effective law firm handling the matter. A simple mistake, due to inexperience, can end up costing you thousands in lost rent!

Miller Bammi LLC, a full service Chicago-based law firm, focuses on Chicago evictions among other areas. Contact us at admin@millerbammi.com or 312-238-9298 for more information.

Please note this is intended to give general information to the public. Although the information is generally accurate, it cannot be guaranteed and this information should not be construed as legal advice upon which a reader can rely. In all cases, please consult a lawyer before acting. This is intended to be advertising, and not solicitation, or legal advice.

Landis v. Marc Realty - A case landlords should know

FACTS: More than four years after they vacated their apartment, plaintiffs Ken and Ana Landis filed suit against defendants Marc Realty, L.L.C., and Elliott Weiner, for the damages provided for in subsection (f) of section 5-12-080 of the Chicago Residential Landlord and Tenant Ordinance (RLTO) (Chicago Municipal Code § 5-12-080(f) (amended May 14, 1997)), based on the defendants' failure to return their security deposit and interest accruing therefrom. The circuit court of Cook County dismissed plaintiffs' complaint as untimely, finding that the two-year limitations period in section 13-202 of the Code of Civil Procedure (735 ILCS 5/13-202 (West 2004)) applied to section 5-12-080 of the RLTO. The appellate court affirmed the decision of the circuit court. No. 1-06-3028 (unpublished order under Supreme Court Rule 23). The IL Supreme Court granted plaintiffs' petition for leave to appeal pursuant to Supreme Court Rule 315 (210 Ill. 2d R. 315).
ISSUE: The question before this court is whether subsection (f) of section 5-12-080 of the RLTO imposes a "statutory penalty" within the meaning of section 13-202 of the Code.
DECISION: The IL Supreme Court found that subsection (f) of section 5-12-080 is a "statutory penalty" under section 13-202 and, thus, IS subject to the two-year statute of limitations.
ANALYSIS: What I found interesting in this IL Supreme Court case was not the decision but another analysis made by the court. The court said "Because subsection (f) of section 5-12-080 imposes automatic liability for a violation of its terms, sets forth a predetermined amount of damages, and imposes liability regardless of plaintiffs' actual damages, the provision is a "penalty" within the meaning of section 13-202."
What does that mean? Well, this should clear up any question about whether the Chicago Residential Landlord Tenant Ordinance actually imposes automatic liability for violation of its terms. Landlords need to be aware of the ordinance and make sure they follow ALL aspects of it. Failure to do so can mean automatic penalties!
Miller Bammi LLC, a full service Chicago-based law firm, focuses on Chicago evictions, Chicago building code violations, residential and commercial closings and loan modifications, contract related matters, business formations, general litigation, estates and trusts and other areas. Contact us at admin@millerbammi.com or 312-238-9298.
Please note this is intended to give general information to the public. Although the information is generally accurate, it cannot be guaranteed and this information should not be construed as legal advice upon which a reader can rely. In all cases, please consult a lawyer before acting. This is intended to be advertising, and not solicitation, or legal advice.

Chicago Eviction Attorneys

Chicago Eviction Attorneys - Miller Bammi LLC understands the frustration that comes with being a landlord in the City of Chicago.

If you need representation in any of the following areas, call us right away.  Our experienced Attorneys will help you through this frustrating process.

- Chicago Residential Landlord Tenant Ordinance violations which include things such as failure to pay interest on a security deposit, co-mingling of the security deposit, failure to notify the tenants about access to the property, failure to attach the summary ordinance to the lease or provide a copy of the ordinance to a month-to-month tenant, etc.

-Breach of the lease agreement, including failure of the tenant to pay rent, failure of the tenant to vacate the property after expiration of the lease, failure of the tenant to abide by the terms of the lease, etc.

-Eviction of tenants based on non-payment of rent or another violation, including joint actions (where you seek a monetary judgment against the tenant).

-Preparation of 5-day notices or other notices

-Lease drafting or review.  We often draft and review leases for landlords to deter them from committing any violations of the Chicago Residential Landlord Tenant Ordinance.

Miller Bammi LLC, a full service Chicago-based law firm, focuses on Chicago evictions, Chicago building code violations, contract related matters, business formations, estates and trusts and other areas. Contact us at admin@millerbammi.com or 312-238-9298.
Please note this is intended to give general information to the public. Although the information is generally accurate, it cannot be guaranteed and this information should not be construed as legal advice upon which a reader can rely. In all cases, please consult a lawyer before acting. This is intended to be advertising, and not solicitation, or legal advice.

Security Deposit Receipt

Being a landlord in the City of Chicago can be a frustrating experience. Did you know? Under the Chicago Residential Landlord Tenant Ordinance, a landlord needs to give the tenant a receipt for their security deposit when they receive it, and the receipt must indicate the amount of such security deposit, the name of the person receiving it and, in the case of the agent, the name of the landlord for whom such security deposit is received, the date on which it is received, and a description of the dwelling unit. The person receiving the security deposit also must sign the receipt. Failure to comply with this subsection shall entitle the tenant to immediate return of security deposit!

This is only one of numerous rules landlords must abide by in the City of Chicago. Miller Bammi LLC, a full service Chicago-based law firm, focuses on Chicago evictions, Chicago building code violations, residential and commercial closings and loan modifications, contract related matters, business formations, general litigation, estates and trusts and other areas. Contact us at admin@millerbammi.com or 312-238-9298.

Please note this is intended to give general information to the public. Although the information is generally accurate, it cannot be guaranteed and this information should not be construed as legal advice upon which a reader can rely. In all cases, please consult a lawyer before acting. This is intended to be advertising, and not solicitation, or legal advice.

A common mistake by landlords

Did you know? Under the Chicago Residential Landlord Tenant Ordinance, a landlord needs to attach the most recent summary of the ordinance to the lease as well as the security deposit interest rates. Failure to do so can give the tenant the ability to terminate the lease and possibly recover $100 in damages! This is only one of numerous rules landlords must abide by in the City of Chicago.

Miller Bammi LLC, a full service Chicago-based law firm, focuses on landlord-tenant law, Chicago building code violations, residential and commercial closings and loan modifications, contract related matters, business formations, general litigation, estates and trusts and other areas. Contact us at admin@millerbammi.com or 312-238-9298.

Please note this is intended to give general information to the public. Although the information is generally accurate, it cannot be guaranteed and this information should not be construed as legal advice upon which a reader can rely. In all cases, please consult a lawyer before acting. This is intended to be advertising, and not solicitation, or legal advice.

Eviction cases can be complicated

Did you know? Eviction cases are very technical and can get very complicated. Landlords need to hire attorneys who have experience in this area; otherwise a tenant could end up living for free for months!

Miller Bammi LLC, a full service Chicago-based law firm, focuses on Chicago evictions, Chicago building code violations, residential and commercial closings and loan modifications, contract related matters, business formations, general litigation, estates and trusts and other areas. Contact us at admin@millerbammi.com or 312-238-9298.

Please note this is intended to give general information to the public. Although the information is generally accurate, it cannot be guaranteed and this information should not be construed as legal advice upon which a reader can rely. In all cases, please consult a lawyer before acting. This is intended to be advertising, and not solicitation, or legal advice.

Common problem for landlords - names of tenants

When an Attorney drafts the notice and complaint, they need to include ALL the names of adults residing in the premises, NOT just those on the lease. If the landlord does not know the names of all the adults, they can be known as "unknown occupants."

If you receive an order of possession and do not name all of the adults, the Sheriff will allow those adults not listed to continue living in the apartment.

Miller Bammi LLC, a full service Chicago-based law firm, focuses on Chicago evictions and other areas. Contact us at admin@millerbammi.com or 312-238-9298.

Please note this is intended to give general information to the public. Although the information is generally accurate, it cannot be guaranteed and this information should not be construed as legal advice upon which a reader can rely. In all cases, please consult a lawyer before acting. This is intended to be advertising, and not solicitation, or legal advice.

Common problem for landlords - serving the tenant

The whole eviction process is already frustrating enough for the landlord. Actually serving the tenant can be even more frustrating.

Some tenants - especially those who have been evicted before - know how to hide. By law, the Sheriff is the first person to arrive to serve eviction papers. If the tenant is able to hide from the Sheriff, the landlord will have to hire a "special process server." These men and women are professionals and have a higher success rate than the Sheriff. Typically, their fees are around $100, depending on the number of people and where they have to go.

Unfortunately, waiting for the Sheriff to serve the first time around and then making a motion to appoint a special process server takes some time. And in the meantime, the tenant continues to live in the property rent free.

Landlords need to have patience when they are trying to evict a tenant. The process is slow and frustrating. Consult an Attorney immediately if you need to evict a tenant.

Miller Bammi LLC, a full service Chicago-based law firm, focuses on Chicago evictions and other areas. Contact us at admin@millerbammi.com or 312-238-9298.

Please note this is intended to give general information to the public. Although the information is generally accurate, it cannot be guaranteed and this information should not be construed as legal advice upon which a reader can rely. In all cases, please consult a lawyer before acting. This is intended to be advertising, and not solicitation, or legal advice.

A common problem in the eviction process - filing the case too early

Eviction cases are very, very technical. Everything has to be done right or it could mean starting the process all over again. One common mistake that is seen over and over again is filing the eviction action too early.

Before an action is brought to court, proper notice must be served on the tenant. Depending on the reason for eviction, there are different time requirements. For non-payment of rent, it is a 5-day notice. There are many requirements that the 5-day notice must have however, including an affidavit of service. You should consult with an Attorney BEFORE serving a 5-day notice or any other type of notice.

Only AFTER the expiration of the 5-day notice are you allowed to file it in court. Again, consult with an Attorney because if something is not done properly, you will have to start all over again.

Even if the notice is done properly and you file the case in court, tenants may appear in court and claim that they never received the notice. Because of this, its a good idea to write down details of when you served the notice - who, what, where and when. Bringing a friend with you to serve the notice is also a good idea since that friend can act as a witness in court.

Miller Bammi LLC, a full service Chicago-based law firm, focuses on Chicago evictions and other areas. Contact us at admin@millerbammi.com or 312-238-9298.

Please note this is intended to give general information to the public. Although the information is generally accurate, it cannot be guaranteed and this information should not be construed as legal advice upon which a reader can rely. In all cases, please consult a lawyer before acting. This is intended to be advertising, and not solicitation, or legal advice.

Security deposits should be in separate accounts!

Did you know? Under the Chicago Residential Landlord Tenant Ordinance, a tenants security deposit must be placed in a separate account earning interest. Failure to comply can result in a penalty of twice the amount of the security deposit! This is only one of numerous rules landlords must abide by in the City of Chicago. Contact us for more details.

Miller Bammi LLC, a full service Chicago-based law firm, focuses on Chicago evictions, Chicago building code violations, residential and commercial closings and loan modifications, contract related matters, business formations, general litigation, estates and trusts and other areas. Contact us at admin@millerbammi.com or 312-238-9298.

Please note this is intended to give general information to the public. Although the information is generally accurate, it cannot be guaranteed and this information should not be construed as legal advice upon which a reader can rely. In all cases, please consult a lawyer before acting. This is intended to be advertising, and not solicitation, or legal advice.

City of Chicago Security Deposit Interest Rate

The security deposit interest rate for 2009 is 0.12 for the City of Chicago. Landlords - be careful and be sure to follow the Chicago Landlord Tenant Ordinance when it comes to security deposits and all other aspects of the lease and property. Failure to follow the ordinance can result in hefty penalties.

Miller Bammi LLC, a full service Chicago-based law firm, focuses on Chicago evictions, Chicago building code violations, residential and commercial closings and loan modifications, contract related matters, business formations, general litigation, estates and trusts and other areas. Contact us at admin@millerbammi.com or 312-238-9298.

Please note this is intended to give general information to the public. Although the information is generally accurate, it cannot be guaranteed and this information should not be construed as legal advice upon which a reader can rely. In all cases, please consult a lawyer before acting. This is intended to be advertising, and not solicitation, or legal advice.

Landlords need patience when evicting a tenant in Chicago

Unfortunately, many landlords just dont realize how long and complicated it can be evicting a tenant in Chicago. It can and usually does take months to actually evict a tenant. There are many, many things that a tenant can do to prolong the process. And there are many things that the landlord MUST do before being able to actually evict a tenant. For example, proper service on the tenant can take a long time, especially if the tenant is evasive.

Simply put, there is no "quick and easy way" of evicting a tenant. The process takes time and landlords need to realize that the rules are typically stacked against them.

Miller Bammi LLC, a full service Chicago-based law firm, focuses on Chicago evictions, Chicago building code violations, residential and commercial closings and loan modifications, contract related matters, business formations, general litigation, estates and trusts and other areas. Contact us at admin@millerbammi.com or 312-238-9298.

Please note this is intended to give general information to the public. Although the information is generally accurate, it cannot be guaranteed and this information should not be construed as legal advice upon which a reader can rely. In all cases, please consult a lawyer before acting. This is intended to be advertising, and not solicitation, or legal advice.

Good news and bad news for landlords

First, the good news: Because of the high number of eviction cases, the Sherriff has reduced its fee for an order of possession from $250 to only $60.

The bad news is that the Sheriff will NO LONGER actually move the tenant's possessions. Instead, that task will now fall on the landlord.

Miller Bammi LLC, a full service Chicago-based law firm, focuses on Chicago evictions, Chicago building code violations, residential and commercial closings and loan modifications, contract related matters, business formations, general litigation, estates and trusts and other areas. Contact us at admin@millerbammi.com or 312-238-9298.

Please note this is intended to give general information to the public. Although the information is generally accurate, it cannot be guaranteed and this information should not be construed as legal advice upon which a reader can rely. In all cases, please consult a lawyer before acting. This is intended to be advertising, and not solicitation, or legal advice.

Do you need to evict a tenant? Make sure proper notice is given

Before a landlord can seek an eviction in court, a notice must be prepared and served on the tenant. Depending on the circumstances, the notice will be a 5-day notice, a 10-day notice, a 30-day notice or even a 60-day notice. Most of the time, it will be a 5-day notice, which is used for non-payment of rent. The eviction process in Chicago is very technical. If a mistake is made, it will likely result in starting the entire process all over again. Landlords should hire an experienced Attorney to handle the matter.

Miller Bammi LLC, a full service Chicago-based law firm, focuses on Chicago evictions, Chicago building code violations, residential and commercial closings and loan modifications, contract related matters, business formations, general litigation, estates and trusts and other areas. Contact us at admin@millerbammi.com or 312-238-9298.

Please note this is intended to give general information to the public. Although the information is generally accurate, it cannot be guaranteed and this information should not be construed as legal advice upon which a reader can rely. In all cases, please consult a lawyer before acting. This is intended to be advertising, and not solicitation, or legal advice.

The Chicago Residential Landlord Tenant Ordinance

Landlords - BE AWARE OF THIS ORDINANCE! Failure to follow this ordinance can result in significant penalties! See the bottom of this website for the complete ordinance.

The Eviction Process in Chicago

Did you know? Successfully evicting a tenant can take months! Therefore, it is extremely important to have a law firm with experience in this area working for you. Eviction cases are very technical in nature. If something is not done properly, it could end up meaning you have to start all over again. Meanwhile, the tenant continues to live for free!

Miller Bammi LLC, a full service Chicago-based law firm, focuses on Chicago evictions, Chicago building code violations, residential and commercial closings and loan modifications, contract related matters, business formations, general litigation, estates and trusts and other areas. Contact us at admin@millerbammi.com or 312-238-9298.

Please note this is intended to give general information to the public. Although the information is generally accurate, it cannot be guaranteed and this information should not be construed as legal advice upon which a reader can rely. In all cases, please consult a lawyer before acting. This is intended to be advertising, and not solicitation, or legal advice.

Landlords - Begin the Eviction process as soon as you can!

One month behind, two months behind, three months behind......I often get cases where tenants are several months behind in their rent. Landlords - do not wait this long! The eviction process in Chicago already takes a long time so start it sooner rather than later! Waiting will cost you thousands more in lost rent!

The Eviction process in Chicago is frustrating for landlords. Chicago is very "tenant friendly." Landlords need to hire an Attorney with experience in this area. A simple mistake can mean starting the process all over again. If you have a tenant behind in rent, contact us immediately via email at admin@millerbammi.com or via phone at 312-238-9298.

Please note this is intended to give general information to the public. Although the information is generally accurate, it cannot be guaranteed and this information should not be construed as legal advice upon which a reader can rely. In all cases, please consult a lawyer before acting. This is intended to be advertising, and not solicitation, or legal advice.

Proper Notice, Proper Notice, Proper Notice!!!!

We cannot emphasize this enough. You need proper notice BEFORE you can evict someone! In the vast majority of cases, landlords MUST serve proper notice to a tenant before filing an eviction complaint. If proper notice is not given, the landlord will likely have to start the entire process over again!

Miller Bammi LLC, a full service Chicago-based law firm, focuses on Chicago evictions, Chicago building code violations, real estate closings, contract related matters, business formations, general litigation, estates and trusts and other areas. Contact us at admin@millerbammi.com or 312-238-9298.

Please note this is intended to give general information to the public. Although the information is generally accurate, it cannot be guaranteed and this information should not be construed as legal advice upon which a reader can rely. In all cases, please consult a lawyer before acting. This is intended to be advertising, and not solicitation, or legal advice.