When Will Evictions Resume In Illinois
The Illinois eviction moratorium allows for the filing of residential eviction actions as of June 25, 2021, according to Executive Order 2021-13. However, according to the most recent extension of the moratorium from Governor J.B. Pritzkers office, enforcement of judgments of residential evictions will be postponed until after October 3, 2021.
It also clarifies that it does not extend to circumstances where the tenant has been found to pose a direct threat to the health and safety of other tenants, an immediate and severe risk to property, or a violation of any applicable building code, health ordinance, or similar regulation. In other words, the temporary eviction ban is designed to protect only those tenants who would be evicted due to nonpayment of rent, as opposed to other lease violations. Some landlords grumble that the eviction moratorium encourages renters to skip their rent payments — but nothing in the moratorium forgives a tenant’s obligation to pay the rent. It merely provides renters with stable housing until the moratorium elapses.
Expiration Of The Illinois Eviction Moratorium
Oct 6, 2021 | Blog
By: Deanna L. Litzenburg and Montana L. Sinn
After a year and a half of protecting renters from eviction, the Illinois Eviction Moratorium expired on Sunday, October 3, 2021, pursuant to Governor J. B. Pritzkers Executive Order 2021-23. In addition, on October 3, 2021, the Illinois Supreme Courts temporary pause on certain eviction cases expired.
What does the expiration of the Eviction Moratorium mean for renters and landlords? All residential eviction cases may now be filed, and all residential eviction orders and judgments may now be enforced.
The eviction moratorium protected residential renters from being evicted due to nonpayment of rent, however nothing in the moratorium forgave a tenants obligation to pay the rent. Instead, the moratorium provided renters with stable housing until the moratorium elapsed.
Now that residential evictions have resumed, residential renters fear eviction, landlords question how to collect the mass of unpaid rent, court dockets will face a significant backlog of cases, and there remain many unresolved questions. Illinois offers rental assistance, legal aid, and mediation. For questions regarding your rights as a renter or landlord, contact a local attorney today.
Recent News & Events
Landlord Serves Notice To Tenant
A landlord can begin the eviction process in Illinois by serving the tenant with written notice. The notice must be delivered by one of the following methods:
It is important for a landlord to always maintain a copy of the signed and served notice as proof of proper service of notice.
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Eviction Help Illinois Grants
The Illinois Equal Justice Foundation and the IL Department of Human Services partnered to develop a statewide legal aid and mediation response to the eviction crisis compounded by the COVID-19 pandemic. Three rounds of funding have been awarded since March 2021. Recipients can be found under Grant Recipients.
FY 21 grants ran from March 2021 through June 30, 2021. See FY 21 Eviction Help Illinois for guidelines and other details.
FY 22 grants run from July 1, 2021 June 30, 3021. Details can be found at FY 22 Eviction Help Illinois.
FY 23 grants run from July 1, 2022 June 30, 2023. Details can be found at FY 23 Eviction Help Illinois.
FY 22 grants were supplemented by federal Emergency Rental Assistance Program funding. These grants run from October 1, 2021 June 30, 2022. Details can be found at ERA2 Funding.
Funding does not support Early Resolution Program services funded by other government sources, such as Cook County Legal Aid for Housing & Debt. All applicants are GATA-certified, 501 c 3 organizations in good standing.
Future funding is not guaranteed and is subject to the state budget and appropriation process.
This toolkit contains flyers, an informational video, newsletter copy and social media graphics you can share with people in your community.
You can view the toolkit here.
Eviction For No Lease Or End Of Lease
In Illinois, a landlord can evict a tenant without a lease or with a lease that has ended . To do so, they must first terminate the tenancy by giving 30 days notice to move out.
Once the tenancy ends, if the tenant remains on the property, the landlord can move forward and file an eviction lawsuit.
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Illinois Eviction Process Timeline
In Illinois, an eviction can be completed in as little as 2 weeks to 5 months but can take longer depending on the reason for eviction, whether the eviction is contested, which days courts are in session and other various possible delays.
Below are the parts of the Illinois eviction process outside the control of landlords for cases that go uncontested.
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How Can Lawyers Help Community Members Struggling With Housing And Debt Problems
: Prairie State has developed a robust pro bono program to specifically address the eviction surge. Volunteers contact clients and provide advice with an optional opportunity to negotiate settlements. All the work can be done remotely, and volunteers are not expected to represent clients in court if the case cannot be resolved through negotiations.
Prairie State provides all the training you need for CLE credit, you get ongoing support for any questions, as well as malpractice coverage. If youre interested in volunteering with Prairie State, please contact us at .
:Legal Aid Chicago and other firms have robust volunteer programs that provide training and support for attorneys willing to volunteer and help tenants facing eviction.
: Lawyers can volunteer to help people in these cases and can learn more about available opportunities throughout the state here: cbf.joinpaladin.com/chicago-bar-foundation/.
Lawyers can also donate to support the court partners making these early resolution programs and legal aid programs generally and can learn more about the organizations doing that work at cookcountylegalaid.org and evictionhelpillinois.org.
ABA President Reginald Turner recently issued a call to action, asking all U.S. attorneys to commit to 10 hours of pro bono work before the end of the year.
The eviction crisis is far from over and there are plenty of opportunities to get involved. Please take a moment to consider what you can do.
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City Of San Diego Temporary Ban On Residential No Fault Evictions
The San Diego City Council has adopted a temporary ban on residential no fault evictions, which Council President Sean Elo-Rivera proposed. It will take effect on May 22, 2022, which is 30 days after San Diego Mayor Todd Gloria signed the ordinance. Under this local law, no fault evictions would not be allowed in the City of San Diego until September 30, 2022, or 60 days after the end of the local state of emergency declared by the Mayor due to the COVID-19 pandemic, whichever date occurs first.
What is a No Fault Eviction?
A no fault eviction occurs when a landlord ends a lease with the tenant for reasons that do not involve any alleged nonpayment of rent, wrongful behavior or lease violation by the tenant.
Tenants are still required to pay rent per their lease agreement with the landlord. Evictions are allowed for nonpayment of rent, wrongful behavior or lease violations.
When is a No Fault Eviction Allowed?
The City of San Diego law, if approved, would continue to allow no fault evictions in any of the following circumstances:
The term rental unit includes apartments, condominiums, single-dwelling units, and hotel rooms that are not used solely for transient occupancies.
What if a Landlord Attempts a No Fault Eviction?
If the City law is approved at its second reading, tenants may use the protections in the City law as an affirmative defense if a landlord files an eviction action .
Enforcement
Tenants Rights
Frequently Asked Questions
Cdc Eviction Moratorium Struck Down By Supreme Court
The Supreme Court released an opinion on Thursday, August 26, 2021, where the majority of justices on the Court agreed that ordering a nationwide moratorium on evictions was not within the authority of the Centers for Disease Control . THE FEDERAL AGENCY ANNOUNCED the CDC order only weeks earlier , and the order called for “temporarily halting evictions for persons in counties experiencing substantial or high rates of transmission” of COVID-19. According to the CDC, the order was set to expire on October 3, 2021, but its rescission via the Supreme Court’s decision brings a premature end to the national eviction ban.
The order as written ” not apply in any state, local, territorial, or tribal area with a moratorium on residential evictions that provides the same or greater level of public-health protection than the requirements listed” within the CDC’s order. As a reminder, Illinois Governor J.B. Pritzker announced an extension of the Illinois Eviction Moratorium until September 18, 2021.
Rental relief funds totaling $25 billion were made available to local governments in February 2021 with the last extension of the CDC’s original eviction moratorium. Portions of those funds are currently being disbursed in Illinois as part of the state’s Emergency Rental Assistance Program.
As of August 2021, The Illinois Housing Development Authority claims on its website to have paid over $187 million in rental assistance grants to both tenants and landlords in Illinois.
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Illinois Eviction Moratorium Stands Despite Us Supreme Court Decision
- JERRY NOWICKICapitol News Illinois
SPRINGFIELD While the U.S. Supreme Court vacated a federal eviction moratorium Thursday, a recently-extended state stay on residential eviction enforcement remains in effect at least until Sept. 18.
The U.S. Supreme Court ruled the Centers for Disease Control and Prevention exceeded its authority in issuing the federal moratorium, and a future extension of the moratorium would have to come from Congress. But the order does not affect a states ability to initiate such a moratorium, which is what Illinois has done.
Gov. J.B. Pritzker signed that extension Friday, Aug. 20, when he issued his latest 30-day disaster declaration, a practice he has done monthly since March 2020. The moratorium cannot exceed the length of the 30-day declaration, so it is possible it gets extended again when it comes time for the governor to issue another 30-day declaration in September.
Pritzker
As it stands now, law enforcement agencies are instructed to cease enforcement of orders of eviction for residential premises entered against a Covered Person, unless that person has been found to pose a direct threat to the health and safety of other tenants or an immediate and severe risk to property, per the order.
Any covered person must submit a declaration form through the Illinois Housing Development Authority certifying that they fit the categories within the order. The most recent order gave landlords the authority to challenge such a declaration.
Who Is Eligible For Housing Assistance
: The Illinois Court-Based Rental Assistance Program has four requirements %2C%20adjusted%20for%20household%20size.” rel=”nofollow”> view the requirements here). The application requires that the landlord participate. If the landlord refuses to participate, the eviction case may proceed, and the tenant will need to apply for local assistance to prevent their homelessness.
There is also local housing assistance available in several of our service areas, but that assistance varies city-by-city. Most communities have a 2-1-1 service that residents can call to get connected to these services.
: I think its important to note that proof of immigration status is not a requirement for assistance. The COVID requirement has also been relaxed so that the impact of COVID can be direct or indirect.
: Landlords and tenants in Chicago and suburban Cook County can get information here: chicookilrenthelp.org, and elsewhere in the state can connect to programs here: www.illinoisrentalassistance.org.
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Next Procedure If The Tenant Disagreed And Replied
In the state of Illinois, a reply from the tenant is not necessary for a court date to be scheduled. They only have to show up to the hearing. Although optional, tenants can file a written reply to the Complaint.
During the hearing, the landlord needs to support the claim with evidence and show it during the hearing.
This could include, but is not limited to the following:
- Copy of the deed and lease
- Rent receipts and ledgers
Landlord Tenant Law Basic Background
In Illinois, the Eviction Act , 735 ILCS 5/9-101 et. Seq. governs eviction procedures a landlord must follow in Illinois. There are basic requirements a landlord must file when he or she initiates an eviction, such as:
- Serve a proper notice upon the tenant, such as a five-day notice for failure to pay rent.
- Once the notice has expired, the landlord must serve a complaint upon a tenant. The landlord can serve the tenant personally or employ what is called a special process server to effectuate service on the tenant personally or by substitute service of a person older than the age of 13 that resides at the residence.
- Once service is complete, there will be a first court date. On this first court date, it is up for trial.
- Usually bench trials are very brief.
- The judge will make a ruling. If the plaintiff prevails, an Eviction Order will be entered and once the stay expires, the Eviction Order will be placed with the sheriff to evict the tenant.
- It is important to have legal counsel representing your side because eviction cases move at a fast pace.
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State Of California Eviction Protections Extended
California Lieutenant Governor Eleni Kounalakis on March 31, 2022, signed into law legislation that extends eviction protections for renters who applied for emergency rental assistance by March 31, 2022.
Under this new law, a renter cannot be evicted for nonpayment of rent if a court determines that they applied for government help to pay their rent by March 31, 2022, and the application has not been denied. To proceed with an eviction, a landlord would be required to file a statement under penalty of perjury that that the determination on an application for rental assistance is not pending. This protection would remain in effect until June 30, 2022.
The new law also extends additional protections that were enacted June 28, 2021, through State Assembly Bill 832:
Illinois Eviction Moratorium Extended Through October 2021
The office of Illinois Governor J.B. Pritzker announced that the statewide eviction moratorium would be re-issued and extended through October 3, 2021. The governor’s office also clarified in the latest announcement that the amended version of Executive Order 2021-13, which many renters and landlords throughout the state refer to as the Illinois eviction moratorium for shorthand, will be rescinded after October 3, 2021, allowing both eviction actions to proceed and enforcement of court orders to be enforced.
According to the order, “All state, county, and local law enforcement officers in the State of Illinois are instructed to cease enforcement of orders of eviction for residential premises entered against a Covered Person or Non-Covered Person unless that person has been found to pose a direct threat to the health and safety of other tenants or an immediate and severe risk to the property.” This section of the order is in effect until the new deadline of October 3, 2021. For more information on what constitutes Covered persons under the moratorium, continue reading below or refer to Executive Order 2021-19.
The governor’s office once again cited the continuing spread of COVID-19 case numbers in Illinois in Executive Order 2021-23, which extends the deadline of the eviction moratorium and several other recent orders.
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Illinois Hopes To Avoid Summer Eviction Surge
A federal freeze on most evictions that was enacted last year is scheduled to expire July 31, after the Biden administration extended the date by a month. The moratorium, put in place by the Centers for Disease Control and Prevention in September, has been the only tool keeping millions of tenants in their homes. Many of them lost jobs during the coronavirus pandemic and have fallen months behind on their rent.
Landlords successfully challenged the order in court, arguing that they also had bills to pay. They pointed out that tenants could access more than $45 billion in federal money set aside to help pay rents and related expenses.
Advocates for tenants say the distribution of the money has been slow and that more time is needed to distribute it and repay landlords. Without an extension, they feared a spike in evictions and lawsuits seeking to boot out tenants who are behind on their rent.
As of June 7, roughly 3.2 million people in the U.S. said they would face eviction within the next two months, according to the U.S. Census Bureaus Household Pulse Survey. The survey measures the social and economic effects of the coronavirus pandemic every two weeks through online responses from a representative sample of U.S. households.
Heres the situation in Illinois:
WHATS THE STATUS OF EVICTION MORATORIUMS IN THE STATE?
The state plans to end its own moratorium on evictions by August, sixteen months after Gov. J.B. Pritzker issued it.
Gov Jb Pritzker To End Eviction Moratorium In August As Illinois Launches $15 Billion Rental Relief Program
May 18, 2021 / 6:33 AM / CBS Chicago
CHICAGO — Gov. JB Pritzker said Monday he will be phasing out the statewide moratorium on evictions by August, as he announced the launch of a $1.5 billion rental relief program for Illinois.
“We will work with our partners to bring an end to the eviction moratorium in August, with a gradual phase out over the next few months, with more details to come,” Pritzker said.
Repeated executive orders issued by the governor during the pandemic have banned virtually all evictions in Illinois since March 2020.
The announcement of the eventual end to the eviction moratorium came as he signed state legislation to distribute the $1.5 billion in rental relief funds. The measure also would seal eviction court records between March 2020 and March 2022 to help renters who are evicted find a new place to live. The court seal would remain in place until August 2022.
Pritzker said the new rental relief program is approximately four times larger than the rental relief program Illinois launched last year during the pandemic, which provided assistance to nearly 36,000 renters in the Chicago area alone.
The governor said more than 120,000 renters could see relief through the new program.
“The Illinois rental assistance program is a testament to how good government can make a life-changing difference for people when our dollars follow our values,” Pritzker said.
Applications are available at illinoishousinghelp.org.
First published on May 18, 2021 / 6:33 AM
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