How eviction works. Step 1: Reasons for eviction. Step 2: Tenant served notice. Step 3: Landlord files eviction suit. Step 4: Tenant served summons. Step 5: First court date. Step 6: Second court date. Step 7: Trial. Step 8: Enforcement by sheriff
Credit: Illustration by Verónica Martinez

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Editor’s note: This explainer was originally published in 2022. It has been updated to reflect changes to eviction proceedings in Cook County. 

For tenants in Cook County, eviction is a high-stakes but often-bewildering legal process. And unlike landlords, tenants typically lack attorneys to help them navigate it. 

Programs introduced in the Cook County Circuit Court during the Covid-19 pandemic aimed to give tenants more time and resources. Where tenants could previously get an eviction judgment at their first court appearance, a countywide Early Resolution Program, launched in 2020, provides an automatic continuance for renters at their first court hearing and connects them to resources — including legal aid and rental assistance — to help them avoid an eviction judgment.

The City of Chicago also provides attorneys for low-income defendants in eviction cases through its Right to Counsel pilot program, which is funded through the end of 2025. A proposal to make it permanent stalled in the City Council Committee on Housing and Real Estate.  

To access help, it’s critical tenants show up for court, said Michelle Gilbert, legal and policy director at the Law Center for Better Housing, which led the implementation of the pilot program.

“You can get hooked up with an attorney who can give you advice. And the way to do that is by going to court,” Gilbert said. To apply for rental assistance, tenants facing eviction should contact Cook County Legal Aid for Housing and Debt as soon as they receive a court summons.

Here’s how the eviction process works.

1. Reasons for eviction

Credit: Illustration by Verónica Martinez

In Cook County, eviction can be initiated when:

  • The tenant falls behind on rent.
  • The tenant violates the lease.
  • The landlord wants the tenant out.

Without rent control and “just cause” eviction laws, no reason is required to raise rents or to refuse to renew the tenant’s lease. If the tenant refuses to leave, the landlord can then file for eviction.

Within the City of Chicago, landlords must give “fair notice” before raising rents or deciding not to renew leases — 30 days for month-to-month tenants, 60 days for tenancies of six months to three years, and 120 days for more than three years. In most of suburban Cook County, the landlord must give 60 days’ notice.

2. Landlord gives notice

Image of two people coming home to see a notice posted on their door that reads, "Eviction Notice"
Credit: Illustration by Verónica Martinez

The landlord delivers written notice to the tenant, instructing them to:

  • Pay late rent within five days.
  • Remedy a lease violation within 10 days.
  • Find a new place within 60 days in most of the county. In Chicago, tenants have between 30 to 120 days, depending on their length of residency.

If the tenant complies with the notice — or if the landlord failed to give proper notice — the eviction shouldn’t proceed.

3. Landlord files eviction case

Credit: Illustration by Verónica Martinez

More than 26,000 eviction lawsuits were filed in Cook County in 2024. 

4. Tenant served court summons

Credit: Illustration by Verónica Martinez

After the landlord files an eviction case, the landlord must notify the tenant via an official document known as a summons. 

Sheriff’s deputies deliver the summons in person to someone at the unit who is at least 13 years old. The landlord can also use a private company to deliver the summons or, with the judge’s permission, post it at the courthouse and mail a copy to the tenant.

5. First court appearance

Credit: Illustration by Verónica Martinez

The first eviction hearing is virtual. The tenant can go in person to the courthouse, but the hearing will still be on Zoom, and there are limited Zoom stations at the various courthouses. Zoom links for Cook County courtrooms are available online.

At the first hearing:

  • Tenants without lawyers are referred to legal aid, rental assistance, and/or court-appointed mediation through the Early Resolution Program (ERP).
  • The case is continued, meaning the proceedings are delayed to give all parties more time to prepare. If the tenant appears at the first eviction hearing, the new court date is usually 28 days later. If the tenant misses the first hearing, the case is typically continued for 14 days.

Most tenants defend themselves without an attorney, because of the limited funding for Chicago’s Right to Counsel program and the steep cost of hiring a private eviction defense attorney. Tenants and landlords without an attorney can contact the Clerk’s Pro Se/ Self-Represented Litigant Center at 69 W. Washington St., LL17 (Pedway Level). There are also forms available via the Illinois Courts website or through the Illinois Legal Aid online help desk.

6. Second court appearance

Credit: Illustration by Verónica Martinez

If the tenant misses the first court hearing but shows up to the second, the tenant is referred to the ERP and the case is typically continued for 14 days. If the tenant fails to appear again, the judge issues an eviction order

After the tenant has been through the ERP, here are some possible outcomes:

  • Case dismissed — if the parties resolve the dispute through rental assistance, a payment plan, a move-out date, or other agreement.
  • Case continued — if the parties agree to more time.
  • Case sent to trial — if the parties cannot reach an agreement.

7. Trial

Credit: Illustration by Verónica Martinez

The tenant can request a bench trial with only a judge, or a trial by jury. Requests for a jury trial should be filed before the second court date. Trials are typically heard in person. After the judge or jury hears evidence, the case can be resolved several different ways:

  • Case is dismissed.
  • The tenant agrees to move out — often to avoid eviction.
  • The tenant can stay — if they secure rental assistance, reach an agreement, or successfully present defenses. In Chicago and most of suburban Cook County, tenants also have a one-time “pay and stay” right to pay all the rent due, plus court costs, to get a dismissal.
  • Judgment for landlord — the judge typically orders a stay of the eviction to give the tenant time to move out. The amount of time is up to the judge; the tenant can also ask for more.

On average, 60% of eviction cases filed in Cook County ended in an eviction order. A judge can order the eviction file sealed.

8. Eviction by sheriff

Image of a sheriff car outside an apartment building
Credit: Illustration by Verónica Martinez

Once the stay expires, the landlord files an eviction order with the sheriff. 

A sheriff can carry out an eviction as soon as 24 hours after a court order has been placed with the Sheriff’s Office. Evictions continue in the winter, except around Christmas and New Year’s Day, or when temperatures drop below 15 degrees.

Resources for people facing eviction

For tenants facing eviction or other housing-related issues, a number of organizations offer advice and legal help. 

Tenants’ rights groups

Neighborhood organizations

Senior reporters Alejandra Cancino and Maya Dukmasova contributed to the updated version of this report. 

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Grace Asiegbu has covered housing, evictions, and reentry and is interested in the intersection of gender issues and the courts. Before joining Injustice Watch in 2021, she worked at the Chicago Sun-Times. She has a bachelor’s degree in journalism from the University of Illinois at Urbana-Champaign and a master’s degree in journalism from Northwestern University. Grace is a lifelong Southsider who lives in Bronzeville.