​​​​​​​​​​Kane County Eviction Mediation Program

The 16th Judicial Circuit eviction mediation program is designed to help mitigate the surge of evictions resulting from the COVID-19 pandemic, and the ensuing economic fallout. 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 during a serious health crisis, while also helping landlords mitigate losses during the extraordinary circumstances that have precipitated the need for this program. Finally, it is also designed to aid the administration of justice by promoting judicial efficiency. Local Court Rule 9A​

Watch helpful Kane County Legal Services videos to understand the process of eviction mediation:

Kane County Eviction Mediation​ | Programa de Mediacion​ | Kane County Area Legal Services​Servicios Legales del Contado de Kane​​

​​Mediation can help you avoid eviction

Mediation is a 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 housing 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.​

Confidentiality and Mediation Agreement

Christina Wright, Program Coordinator

630-762-2758 | WrightChristina@16thCircuit.IllinoisCourts.g​ov


Kane County Eviction Timeline​​ 

  1. The eviction process begins when a tenant violates their lease, for example, by not paying the rent on time.

  2. 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.  

  3. 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). A First Notice describing the Kane County Eviction Mediation Program (the “Program") will also be served with the summons. 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. 

  4. 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 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 attends court but the parties do not want to mediate and the judge does not order them to mediate, the judge will ask whether the tenant agrees with the complaint. If yes, the judge will ask how long the tenant needs to move out and enter an eviction order. If no, the judge will schedule a trial.

  5. 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 may be conducted in person or remotely. 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.

  6. 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 any money owed to the landlord.

  7. 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 them in the Kane County Eviction Toolkit.

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 illinoislegalaid.org/ 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.

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 found at: 

https://www.illinoislegalaid.org/legal-information/fee-waiver

Attention Landlords

Prior to beginning your eviction case, you must notify your tenant in writing via Notice to Terminate Tenancy. For information on the appropriate type of notification, go to: https://www.illinoislegalaid.org/legal-information/written-eviction-notices

When proceeding with the eviction process, you must include this First Notice document when serving your summons: First Notice of Mediation English​ | First Notice of Mediation Spanish

Information regarding rental assistance must now also be included with the summons: Emergency Rental Assistance Program Order

Filing an eviction complaint must be accompanied by the following certification: Plaintiff's Certification for Exemption

When proceeding with the eviction process, you must include this First Notice document when serving your summons: First Notice of Mediation English​ | First Notice of Mediation Spanish​

Information regarding rental assistance must now also be included with the summons: Emergency Rental Assistance Program Order

Filing an eviction complaint must be accompanied by the following certification: Plaintiff's Certification for Exemption​

For all other eviction forms, use the Statewide Court Eviction Forms: ​​http://www.illinoiscourts.gov/forms/approved/eviction/eviction.asp​​

Legal Information

Need additional legal help? https://www.illinoislegalaid.org/search?keyword=EVICTION

Watch helpful Kane County Legal Services videos to understand the process of eviction mediation:

Kane County Eviction Mediation​ | Programa de Mediacion​ | Kane County Area Legal Services​​ | Servicios Legales del Contado de Kane


RESOURCES

Legal Aid and Information:Rent and Housing Assistance:

Eviction Help Illinois: call 855-631-0811 or visit evictionhelpillinois.org​ (free legal aid and connections to other resources)


Prairie State Legal Services: call 630-690-2130 or visit https://www.pslegal.org/how-to-get-help/ (low-income FREE legal assistance)


Kane County Bar Association: call 630-762-1900

(Hire an attorney or “Ask a Lawyer" second Sat. of the month 9a-12p)


​Illinois Legal Aid: https://www.illinoislegalaid.org (legal information)


Kane County Law Library & Self Help Legal Center: https://www.kclawlibrary.org/ (legal resources)


Court-based Rent Assistance: https://ilrpp.ihda.org/

Illinois Housing Development Authority: https://www.ihda.org/ (rental assistance, housing)

 

The Neighbor Project/Financial Empowerment Center: 630-906-9400 www.cityofaurora.fec.org

(a FREE public service for anyone who lives in Illinois and is 18 years or older. Works to improve economic mobility by providing guidance to individuals and families to build credit scores, reduce debt, increase savings, access public support and access safe and affordable banking products.)

 

Illinois Department of Commerce: 2-1-1 helpillinoisfamilies.com (help with rent, utility, and food assistance and more)

 

Illinois COVID Housing and Economic Loss Prevention: covidhelpillinois.org (24/7 free automated help for people facing housing and other problems during the pandemic)

For information about court operations, online access to court records, e-filing information and forms, contact the Kane County Circuit Court: http://cic.countyofkane.org/

 

Interested in becoming a mediator? Apply using this formIf you have any other questions, please reach out to Christina Wright, WrightChristina@16thCircuitCourt.IllinoisCourts.gov