Chicago Eviction Cases Currently Facing Longer Trial Delays: What Landlords Need to Know

Chicago landlords and property managers should be aware of a temporary change in the eviction process that could significantly affect the timeline for contested eviction cases.

Chicago’s eviction courtrooms are currently experiencing longer delays when scheduling trials. Cases that proceed beyond mediation are now frequently being set for trial six to seven weeks later, rather than the more typical two- to four-week timeframe.

Although these extended continuances may be the result of judges’ summer schedules, holiday closures, or an increased volume of cases, they can have a meaningful financial impact on landlords waiting to recover possession of a rental unit.

How Does the Chicago Eviction Process Typically Work?

After an eviction case is filed in Chicago, the court generally assigns the first court date approximately 30 days later. If the tenant has been successfully served with the summons and complaint, one of two things usually happens:

• If the tenant does not appear, the court will generally schedule a prove-up hearing approximately two weeks later. If the tenant again fails to appear, the court will often enter a default eviction order.
• If the tenant appears (or later appears at the prove-up hearing), the case is generally referred to Chicago’s mandatory Eviction Resolution Program (ERP), a mediation process that gives tenants an opportunity to seek rental assistance or negotiate a resolution.

Following ERP, if the parties are unable to reach an agreement, the court schedules the matter for trial.

Current Delay? Trial Dates Are Being Set Six to Seven Weeks Out

Under normal circumstances, contested eviction cases are typically scheduled for trial approximately 14 to 30 days after ERP concludes. Currently, however, Chicago eviction judges are commonly scheduling trials six to seven weeks later.

While these longer trial settings are expected to return to more typical timeframes in the fall, landlords should factor this additional delay into their decision-making when handling pending eviction cases.

Please note that these extended trial delays currently affect Chicago eviction courtrooms and may not apply to eviction cases filed in other Cook County districts or elsewhere in Illinois.

Are Settlement Worth Considering?

Every eviction case is different, and some cases should absolutely proceed to trial. However, when a legitimate dispute exists, Chicago landlords and rental property managers should carefully evaluate the cost of waiting an additional month and a half for a trial date.

For example, agreeing to forgive $1,500 in unpaid rent in exchange for a signed settlement agreement requiring the tenant to vacate within seven days may, in some circumstances, be a better financial outcome than waiting six or seven additional weeks for trial while no rent is being collected.

Settlement decisions should always be evaluated on a case-by-case basis, taking into account the amount owed, the strength of the case, the likelihood of collection, and the landlord’s overall objectives.

Legal Resource

The eviction process can vary significantly depending on the facts of each case. Tenants may file motions, request discovery, demand a jury trial, or raise legal defenses that create additional delays beyond the court’s scheduling timeline.

Landlords and property managers with pending Chicago eviction cases should work closely with their attorney to evaluate available options, understand current court timelines, and determine whether settlement or continued litigation is the most practical path forward.

Questions about evictions, tenant disputes, and other landlord legal issues? Our experienced landlord/tenant attorneys are here to help.

Call KSN toll-free at 855-537-0500 or visit www.ksnlaw.com.

Since 1983, KSN has been a legal resource for condominium, homeowner, and townhome associations. Additionally, we represent clients in real estate transactions, collections, landlord/tenant issues, and property tax appeals. We represent thousands of clients and community associations throughout the US with offices in several states including Florida, Illinois, Indiana, and Wisconsin.

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