When Will Evictions In Illinois Resume
The Illinois eviction moratorium lasts until May 30, 2021, and bans the filing of residential eviction actions and the execution of residential evictions. Nothing in the moratorium shall be construed to deprive landlords of their responsibilities to make rent payments or otherwise comply with their contracts, according to previous executive orders relating to the filing of evictions in Illinois, such as Executive Order 2020-55.
It also says it doesn’t apply if “the occupant has been found to pose a direct threat to the health and safety of other residents, an immediate and serious risk to land, or a breach of any relevant building code, health ordinance, or related legislation.” In other terms, the temporary eviction ban is only intended to shield tenants who are facing eviction due to nonpayment of rent, not other lease breaches. Some landlords complain that the eviction moratorium encourages tenants to miss payments, but nothing in the moratorium relieves a tenant of his or her responsibility to pay the rent. It simply ensures that tenants have a place to live before the moratorium expires.
Ill Moratorium On Evictions To Begin Being Lifted In Aug Tenants Should Apply For Rental Aid
Pritzker first ordered a moratorium on most evictions in Illinois in March 2020.
CHICAGO More than a year after it first went into effect, the states moratorium on evictions will be gradually lifted next month, and Gov. Pritzker is urging renters who might be affected to apply for the latest round of financial aid for tenants.
Pritzker first ordered a moratorium on most evictions in Illinois in March 2020 as the COVID-19 pandemic hit, putting many renters at risk of being kicked out of their homes because they were losing income and unable to pay their bills.
The governor amended his executive order in November, providing more protections to landlords, by limiting the moratorium only to renters who have earned no more than $99,000 in annual income or $198,000 as joint filers. The updated eviction moratorium also required tenants to submit a declaration form to their landlords, certifying they cant pay rent due to substantial loss of income or increase in out-of-pocket expenses. Renters also were required to make their best efforts to make timely partial payments.
Wednesday afternoon, Pritzkers office said he will issue a new executive order on July 23, allowing for eviction filings to resume in Illinois on Aug. 1. However, enforcement of eviction orders against tenants who qualified for the moratorium will not be allowed until after Aug. 31.
The program is expected to cover approximately 63,000 households in Illinois.
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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.
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Can Landlord Evict During Coronavirus In Illinois
Protections for renters in Chicago If you fall behind on rent due to Covid-19, your landlord must explain your rights in writing. If you cant come to an agreement, the landlord can file an eviction. For free mediation help, visit the Center for Conflict Resolution website or call 312-922-6464, ext. 22.
Is there a hold on evictions in Illinois?
The Illinois Eviction Moratorium Scheduled to Expire August 31, 2021. According to Illinois Governor J.B. Pritzker, the statewide ban on evictions will be phased out by the end of August, 2021. Governor Pritzker announced the expiration date during a press conference on July 14, 2021.
When can evictions resume in Illinois?
RESIDENTIAL EVICTION UPDATE July 18, 2021 The Illinois Supreme Court ordered an amendment to Order M.R. 30370 concerning residential evictions. The Order can be viewed here. Eviction filings will be allowed to resume on August 1, 2021.
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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Eviction Process For Illegal Activity
Tenants of a rental unit who are involved in illegal activity that constitutes a Class X felony or other illegal activity must be given five days written notice before the landlord can proceed with an eviction action.
If a Class X felony is committed during the tenants rental agreement term. The landlord has the right to terminate the rental agreement. Class X felonies include, but are not limited to the following:
- Aggravated kidnapping
- Aggravated arson
- Possession of a controlled substance with intent to deliver
If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process.
Eviction Moratorium Chicago Protection Ordinance Provides Additional Protections To Renters
Chicago City Council approved a in June 2020. This ordinance requires that landlords extend a seven-day “cooling off” period if tenants respond to the five-day notice with a Tenant Notice and can prove unpaid rent stems from financial losses caused by the Coronavirus pandemic.
The Ordinance purports to prevent conditions leading to a loss of shelter, even as it protects landlords by requiring tenants to pay rent and providing exceptions to the general rule. For example, landlords may file eviction proceedings if a tenant poses 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.
If landlords are thinking about performing a DIY eviction, heres the deal: dont do it. Lockouts are illegal in Chicago apartments. Chicagos landlord-tenant law also heavily favors tenants in cases of retaliatory conduct. Landlords may end up in legal trouble if they even hint that theyre willing to circumvent the legal eviction process and eviction moratorium. Expensive fines and legal fees await landlords who attempt to perform self-help evictions in Chicago.
Disclaimer: Domu provides this page as general information to the Chicago landlord-tenant community. Domu is not a law firm. Domu is not offering legal advice here or anywhere on Domu.com.
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What A Landlord Cannot Do
A landlord cannot evict a tenant without an adequately obtained eviction notice and sufficient time. A landlord cannot retaliate against a tenant for a complaint. A landlord cannot forego completing necessary repairs or force a tenant to do their own repairs. … A landlord cannot remove a tenant’s personal belongings.
How Do They Apply
: The application is only available online at ilrpp.ihda.org. The tenant starts the application by completing some questions and submitting their supporting documents.
Then, an email will be sent to the housing provider to complete section 3 of the application and upload their supporting documents.
If a tenant or landlord has barriers to completing the online application, several housing stability servicer organizations are trained to help by calling 1-866-IL-HELP1.
: In the City of Chicago, residents/landlords can apply online at www.rentrelief.com/allchicago or contact one of the many agencies that have partnered with AllChicago.
For those that are in court in suburban Cook County, court-based rental assistance is coming.
: There are now court-based rental assistance programs available throughout the state for landlords and tenants who already are in court and for whatever reason may not have connected to rental assistance before an eviction was filed but can still benefit from it. Judges can refer the parties to these programs in the court case.
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As A Landlord What Steps Must I Take Before Beginning An Eviction Action
A landlord, owner of a residential property, or anyone with the legal right to pursue an eviction action, must provide each tenant, lessee, sub-lessee, and other residents of the property who are signatories to the lease, with the 2-page declaration form prior to commencing an eviction action for nonpayment of rent.The declaration form must be provided at least five days before the landlord issues a notice of termination of tenancy. Delivery by the landlord of the declaration to residents must conform with the service requirements for termination notices in the Eviction Act .
What Does Executive Order 2020
Executive Order 2020-72, as amended and re-issued, continues to protect many individuals from eviction. The Executive Order provides the following protections:
For tenants who are unable to make full rent payments: If the tenant meets the definition of a covered person and returns a signed declaration form, their landlord may not initiate or continue an eviction proceeding against them unless certain health and safety exceptions apply. If the tenant does not meet the definition of a covered person, an eviction action may be filed against them for nonpayment of rent.
For tenants who do not owe rent: If the tenant is current on rent, their landlord may not file an eviction action against them unless certain health and safety exceptions apply.
For all tenants: The EO prohibits enforcement of eviction orders by law enforcement for all tenants, unless the court finds that the tenant poses a direct threat to the health and safety of other tenants or an immediate and severe risk to property. Under Illinois law, only public law enforcement agencies can enforce eviction orders.
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Can A Landlord Enter Without Permission In Illinois
Can a Landlord Enter Without Permission in Illinois? Landlords generally are allowed to enter without permission, except in Chicago which requires at least 2 days of notice. Landlords and tenants can agree on specific entry notification policies in the lease agreement.
When do you get an eviction notice without cause?
Unlike an eviction notice for cause, an eviction notice without cause means that the landlord does not have to have any reason to want a tenant out. Because of this, many states require landlords to give either 30- or 60-days notice to tenants before being allowed to begin an eviction suit.
Can a landlord evict a tenant without a lease in Illinois?
In the state of Illinois, if tenants hold over, or stay in the rental unit after the rental term has expired, then the landlord must give tenants notice before evicting them. This can include tenants without a written lease and week-to-week and month-to-month tenants.
Foreclosure Of Rental Property
In this case, tenants are usually not allowed to renew their lease. The landlords have to issue a 90-Day Notice to Vacate.
The tenant has no choice but to leave the premises before the end of the notice period.
Landlords can continue with the eviction process if the tenant refuses to leave after the 90-day grace period.
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Illinois’ Eviction Moratorium Is Over What’s Next
A leasing sing is displayed outside of residential building in Des Plaines, Ill., Sunday, March 21, 2021. The state plans to provide some relief by using $2.6 billion in federal assistance as rent subsidies to pay landlords 80% of unpaid back rent of low-income tenants between April 2020 and March 2021.
Now that the eviction moratorium has ended in Illinois, some are wondering if there will be a wave of eviction filings that could threaten to overload the system.
Landlord eviction filings were allowed to resume in August, but they werent enforceable until now.
According to a U.S. Census Bureau survey, more than 60,000 Illinoisans said they are likely to face eviction in the next two months.
Rebecca Levin with the Cook County Sheriffs Office said in August and September, they received 3,200 eviction notices.
Which is fewer than in normal times, so I am hoping that bodes well for there not being a tsunami of evictions, but time will tell, Levin said.
According to QuoteWizard, 18% of renters are behind on their rent in Illinois, one of the highest percentages in the country.
Gov. J.B. Pritzkers office reports more than $443 million in emergency rental assistance has been paid to over 49,000 households through the Illinois Rental Payment Program. According to the U.S. Treasury Department, Illinois is one of the highest providers of rental assistance in the country.
What Is The National Eviction Moratorium
The new eviction moratorium prevents renters in communities experiencing a substantial or high level of community transmission of COVID-19 from being evicted for nonpayment of rent. Renters lose protection under the moratorium once their community is no longer experiencing a substantial or high level of transmission.
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What Impacted Tenants Need To Know And Do
Chicago residential tenants who have lost income as a direct or indirect result of the COVID-19 pandemic should notify their landlords in writing within five days of receiving an eviction notice to further protect themselves from eviction.
This written notification can take place through letter, email or text message. This can be a message as simple as I have been unable to pay rent because I have been financially affected by the COVID-19 pandemic. A more formal template isavailablebelow.
Tenant to Landlord COVID-19 Template
Illinois Eviction Moratorium Remains In Effect Through July 24
Despite yesterdays U.S. Supreme Court decision regarding the CDCs federal eviction moratorium, REALTORS® in Illinois must follow the state eviction moratorium, said Illinois REALTORS® General Counsel Betsy Urbance.
The U.S. Supreme Court, by a 5-4 vote, upheld the stay, keeping the nationwide eviction moratorium in place, while saying that the CDC lacked authority to implement the ban. The ruling means the federal moratorium will expire at the end of July.
Last week, Illinois eviction moratorium was extended through July 24.
The federal eviction ban was first issued in September 2020 during President Trumps term and was extended by President Biden several times through the end of July. With the support of NAR, the Georgia and Alabama Associations of REALTORS® challenged the orders in federal court. In May, a U.S. federal judge sided with housing providers, ruling the moratorium unconstitutional. However, the judge issued a stay of her ruling pending appeal.
This ruling keeps in place certainty for tenants for another month while bringing clarity to struggling housing providers. It is now critical that the nearly $50 billion in rental assistance NAR helped secure gets out to those who need it most, Oppler said.
State and local law enforcement authorities now can enforce eviction orders that were sought before March 20, 2020, under a change to Illinois eviction moratorium that went into effect on Friday.
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Are The Courts Open For Evictions In Illinois
Illinois Eviction Moratorium Extended through October 2021 Pritzker announced that the statewide eviction moratorium will be re-issued and extended through October 3, 2021. … Previously, Governor Pritzker’s office announced significant changes to the statewide ban on evictions at the end of June, 2021.
What Resources Are Available For Tenants Who Cannot Afford To Pay Their Rent
IHDA has launched their 2021 Illinois Rental Payment Program, which is currently accepting applications. Households are eligible for up to 12 months of past rent and 3 months of future rent, for a maximum grant of $25,000.
Landlords/housing providers may initiate a joint application from May 17th June 7th. Tenants will then have until June 14th to complete their portion of the application, that was initiated by the landlord/housing provider. Visit the Illinois Housing Development Authority website to learn more about eligibility requirements, or call IHDAs call center at 1-866-454-3571. Begin an application for the Rental Payment Program.
The Department of Human Services has additional resources available for renters including case management and legal assistance.
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Roughly 35 Million People In The United States Said They Faced Eviction In The Next Two Months According To Census Bureau Data From Early August
Getty
WASHINGTON The Supreme Courts conservative majority is allowing evictions to resume across the United States, blocking the Biden administration from enforcing a temporary ban that was put in place because of the coronavirus pandemic.
Roughly 3.5 million people in the United States said they faced eviction in the next two months, according to Census Bureau data from early August.
The court said in an unsigned opinion Thursday that the Centers for Disease Control and Prevention, which reimposed the moratorium Aug. 3, lacked the authority to do so under federal law without explicit congressional authorization. The justices rejected the administrations arguments in support of the CDCs authority.
If a federally imposed eviction moratorium is to continue, Congress must specifically authorize it, the court wrote.
Just last week, Gov. J.B. Pritzker quietly extended Illinois eviction moratorium, pushing the enforcement of those orders to Sept. 18. A spokeswoman for the governor said the goal was to bring the states eviction protections in line with the federal ban.
Well match whatever the federal government does, Jordan Abudayyeh, Pritzkers spokeswoman, said earlier this week. Pending any changes, well adjust as we need to.
Contributing: Sun-Times reporter Tom Schuba