Kane County Eviction Mediation Program
The 16th Judicial Circuit eviction mediation program is designed to help mitigate the financial strain and housing crisis caused by eviction. Its chief goal is to assist tenants and landlords in avoiding residential eviction and pursuing mutually beneficial alternatives.
The program seeks to avoid exposing Kane County families to homelessness, while also helping landlords mitigate losses. Finally, it is also designed to aid the administration of justice by promoting judicial efficiency.
The program is governed by Local Court Rule 9A and run by Resolution Systems Institute, a Chicago-based nonprofit organization.
If you are interested in enrolling your case in the Eviction Mediation Program or if you have any questions about the process or other resources available, please contact Brock Grenn, Program Coordinator at 630-762-2758 or bgrenn@aboutrsi.org
Please check your email daily throughout the eviction process. The court, mediation program staff and resource staff may be trying to reach you via email during this time.
Mediation can help you avoid eviction
Mediation is a free process where a neutral third party, a trained mediator, helps landlords and tenants communicate to resolve issues through voluntary, mutual agreement. Both parties have the opportunity to speak with legal and financial counseling agencies to gather resources and better prepare for mediation. If you have an attorney they may attend the mediation with you. This program is free, confidential, and available to tenants and landlords in Kane County. Translation services are available.
Kane County Eviction Timeline
- The eviction process begins when a tenant violates their lease, for example, by not paying the rent on time.
- The landlord must give a written eviction notice to the tenant. It can be for 5, 7, 10, 14 or 30 days, depending on the legal issue and the type of housing you live in. The tenant can stop an eviction for non-payment of rent by paying the rent in full during the notice period. In some types of subsidized housing, the tenant also has the right to request a meeting with the landlord during the notice period to try and work things out.
- After the notice period ends, the landlord can file an eviction case in court. The sheriff will serve the tenant with the complaint (says what they are being sued for) and the summons (says when and where the first court date will be). The summons must include a First Notice describing the Kane County Eviction Mediation Program (the “Program"). The First Notice will inform tenants that they can participate in the mediation program by completing the screening process, describe mediation and the screening process, and include referral information to local legal and financial counseling services.
- If the parties wish to participate in mediation, the case can be enrolled in mediation before or during the first court appearance, or, if there is a continuance, prior to the continuance date. If the tenant misses the first court date, the judge can enter a default judgment, granting what the landlord requested in the complaint (usually eviction and money owed).
- If the case is enrolled in the mediation program, the landlord and tenant will have an opportunity to access legal and financial counseling services. The mediation date will be no later than 28 days from the first court appearance. Both the landlord and tenant must participate, and mediation sessions will be conducted remotely, unless an in-person meeting is necessary and approved by the Program Manager.
- After mediation, the mediation program will file a mediation report with the court. If the parties reach an agreement, the mediation program will submit to it to the court for approval. If the parties do not reach an agreement in mediation, the landlord may return to court and go to trial.
- If the parties go to trial, both sides can present their evidence and testimony. If the tenant has a defense (a legal reason to stop the eviction), the judge will dismiss the case. Otherwise, the judge will sign a court order approving the eviction and/or any money owed to the landlord.
- The landlord must take the court order to the sheriff to schedule the actual eviction (the removal of the tenant and their belongings). The eviction can happen any time after the date listed on the court order.
PLEASE NOTE: A landlord cannot evict a tenant without a court order and assistance from the sheriff. Call the police if you are being illegally evicted!
Tenant's Rights
If you need to file an Answer and Appearance, find those documents at the Circuit Clerk's office or online on their Forms tab.
All forms can be submitted in person at a Circuit Clerk's office or via e-file.
IF YOU DO NOT GO TO COURT: The case will go ahead whether or not you go to court. If you are not in court, the judge will only hear the Plaintiff's (landlord) side of the story and may order you to move within a very short period of time. If you do not move during that period, the sheriff can evict you and all other occupants from the property and you may lose your belongings.
If you miss your court date and the judge orders you to move, you can file a motion explaining why you missed court and ask the judge for another chance to explain why you should not be evicted. Talk to a lawyer or visit Illinois
Legal Aid Online for more information.
You may come to court and tell your side of the story. If you have any receipts, photographs, or other documents that support your side of the story, bring them to court. You can let the judge know that you have these documents when it is your turn to speak. However, the judge may decline to look at your evidence before scheduling a trial.
You have a right to demand a trial by jury. Jury trials are complicated, so you may want to consult with a lawyer before demanding a jury trial. A jury demand should be filed on or before the first date you have to come to court. If you have not done it by that date, the judge might not give you more time to file it.
You may have a lawyer represent you in court but the court will not appoint a lawyer for you. If you want a lawyer, you must get one immediately. You may go to the court date and ask the judge for time to get a lawyer.
You may be required to pay a fee to file an appearance or a jury demand. If you cannot afford the fee, you may fill out and file an Application for Waiver of Court Fees.
Attention Landlords
Prior to beginning your eviction case, you must notify your tenant in writing via Notice to Terminate Tenancy. Visit this webpage for information on the appropriate type of notification.
NOTE: When you serve your summons at the beginning the eviction process, you must include the First Notice document (Notice of Mediation) and the notice of Court-Based Rental Assistance Program (CBRAP).
- You must include English and Spanish copies of both notices.
- You can get a copy of the required forms by contacting Christina Wright, Eviction Mediation Program Manager at cwright@aboutrsi.org.
- Please note that CBRAP is not always available. Check the CBRAP website for details on the current status of the program at Illinois Housing Help.
For all other eviction forms, use the Statewide Court Eviction Forms from the Illinois Supreme Court's website.
Resources
Legal Aid and Information:
Eviction Help Illinois: Call 855-631-0811 or visit Eviction Help Illinois website. Free legal aid and connections to other resources
Prairie State Legal Services: Call 630-690-2130 or visit Prairie State Legal Services' webpage on How to Get Started. Low-income FREE legal assistance
Kane County Bar Association: call 630-762-1900 (Saturdays 9am-12pm) or visit the Lobby of the Kane County Courthouse (100 S Third St, Geneva IL, 60134) for their Lawyer in the Lobby program on Fridays from 9:00 a.m. to 12:00 p.m. (free legal aid).
Illinois Legal Aid Online: Legal information
Rent and Housing Assistance:
For information about court operations, online access to court records, e-filing information and forms, contact the Kane County Circuit Court.
