Forcible entry and detainer (FED) is a legal action used to regain possession of property from a tenant who has violated the lease agreement. FED is commonly used in landlord-tenant disputes and is designed to be a relatively quick and inexpensive way to resolve disputes over possession of property.
What is Forcible Entry and Detainer?
Forcible entry and detainer is a legal process that allows a landlord to regain possession of their property from a tenant who has breached the lease agreement. The process begins when the landlord files a complaint with the court and requests that the court issue a summons to the tenant. The summons informs the tenant of the landlord's complaint and gives them an opportunity to respond.
Once the tenant has been served with the summons, they have a certain amount of time to respond, typically between three and ten days. If the tenant fails to respond, the landlord can file a motion for default judgment, and the court may grant possession of the property to the landlord.
If the tenant does respond to the summons, a court hearing will be scheduled to determine whether the landlord has a valid claim to the property. If the court finds in favor of the landlord, an order for possession will be issued, and the landlord can take steps to regain possession of the property.
Grounds for Forcible Entry and Detainer
In order for a landlord to file a complaint for forcible entry and detainer, they must have grounds for the claim. The most common grounds for FED include:
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Nonpayment of rent: If a tenant fails to pay rent, the landlord can file for FED to regain possession of the property.
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Violation of lease agreement: If a tenant violates the terms of the lease agreement, such as by having unauthorized pets or subletting the property, the landlord can file for FED.
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Expired lease: If a lease has expired and the tenant refuses to leave, the landlord can file for FED to regain possession of the property.
The Forcible Entry and Detainer Process
The basic steps of the FED process are:
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Landlord files complaint: The landlord files a complaint with the court, stating the grounds for the FED action and requesting possession of the property.
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Summons is issued: The court issues a summons to the tenant, informing them of the complaint and giving them an opportunity to respond.
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Tenant responds: The tenant has a certain amount of time to respond to the summons, typically between three and ten days.
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Court hearing: If the tenant responds, a court hearing will be scheduled to determine whether the landlord has a valid claim to the property.
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Judgment is issued: If the court finds in favor of the landlord, an order for possession will be issued.
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Possession is regained: The landlord can take steps to regain possession of the property, such as by hiring a sheriff or constable to remove the tenant.
The FED process typically follows a specific timeline, which may vary by state.
Defenses to Forcible Entry and Detainer
There are several defenses that a tenant can raise in response to a FED action. Knowing these defenses is important regardless of which side of the process you fall.
Improper Notice
A tenant can argue that the landlord did not provide proper notice before filing the FED action. In most states, a landlord must provide the tenant with written notice of the alleged breach of the lease agreement and an opportunity to cure the breach before filing a FED action. If the landlord did not provide proper notice, the tenant may have a defense to the FED action.
Retaliation
A tenant can argue that the landlord is retaliating against them for exercising their legal rights. For example, if the tenant complained to the landlord about the need for repairs and the landlord responded by filing a FED action, the tenant may be able to raise a retaliation defense.
Waiver
A tenant can argue that the landlord waived their right to file a FED action. For example, if the landlord accepted rent payments after the alleged breach of the lease agreement, the tenant may be able to argue that the landlord waived their right to file a FED action.
Constructive Eviction
A tenant can argue that they were constructively evicted from the property. Constructive eviction occurs when the landlord fails to provide essential services or makes the property uninhabitable, forcing the tenant to move out. If the tenant can prove that they were constructively evicted, they may be able to defend against the FED action.
Procedural Defenses
A tenant can argue that the landlord did not follow proper procedures in filing the FED action. For example, the tenant may argue that the landlord did not have proper standing to file the FED action or that the complaint was not properly served.
Payment of Rent
If the FED action is based on non-payment of rent, the tenant can raise a defense by paying the rent owed. In most states, if the tenant pays the rent owed before the court issues an order for possession, the FED action will be dismissed.
Contact an Eviction Attorney in Illinois Today
Whether you need to evict a tenant through a forcible entry and detainer proceeding or want to defend against an eviction, it is important to obtain experienced legal advice. Defenses are limited. Deadlines are strict. Rules must be followed. We will help make sure you take advantage of these while adhering to the law. If you are located in Cook County or the surrounding counties of DuPage, Kane, Lake, McHenry, or Will contact us today at (312) 698-3595 to schedule a consultation.