Illinois law gives businesses the freedom to create their own commercial eviction rights, but they still must follow state statutes. Businesses can write their own process for eviction so long as it does not violate or conflict with any civil or criminal state laws. Even with this latitude, evicting a business in Illinois requires the landlord to comply with some general requirements.
Read the commercial lease. Find the provisions that deal with non-payment of the lease and the procedure for eviction of the commercial tenant.
Notify the business of the intent to evict. Create an Intent of Eviction notice that includes the specific language in the lease agreement about non-payment of rent. Include the name of the business, its owner, the address and terms under which the matter can be resolved, such as making up missed payments at the end of the lease or making partial payments of the arrears along with regular monthly payments. Mail it to the business and wait for a reply.
File a complaint with the clerk of the court. Go to the local Illinois civil circuit courthouse and fill out a complaint form. File it with the clerk and pay the filing fee. Serve a copy of the complaint on the commercial tenant by giving a copy to the sheriff's department or hire a licensed Illinois process server.
Get a judgment. If the business tenant does not move or answer the complaint, ask the Illinois court clerk's office to schedule a hearing. Attend the hearing and receive an Order of Eviction.
Hire a moving company. If the business tenant does not move after the hearing, hire a moving company to take away the tenant's possessions.
Provide a copy of the Order of Eviction to the Illinois county sheriff's department. Meet a deputy sheriff and movers at the location of the business tenant. Have the deputy serve the Order of Eviction on the business owner to execute the eviction. Instruct the moving company to load and store the business tenant's possessions.