- Landlord & Tenant Law, Legal Updates
- Illinois
Cook County landlords and rental property managers may now be able to bypass the Early Resolution Program (ERP) in certain residential eviction cases involving criminal activity or individuals occupying property without a legal right to possession.
The Circuit Court of Cook County’s General Administrative Order (GAO) governing the ERP permits qualifying eviction cases to proceed directly to an eviction trial courtroom rather than first moving through the ERP process.
These exceptions could significantly reduce the amount of time required to obtain an eviction order in qualifying cases. However, landlords must satisfy specific statutory and procedural requirements to take advantage of the expedited process.
What is Cook County’s Early Resolution Program?
The Cook County Early Resolution Program is a court-administered process for residential eviction cases that provides litigants with access to legal aid, mediation, negotiation assistance, and other resources intended to encourage early resolution of disputes.
Under the standard ERP process, newly filed residential eviction cases generally receive an automatic initial case management date approximately 30 days after filing. Depending on the circumstances, the case may then be referred for additional ERP assessment and services before proceeding toward trial.
Since expiration of the pandemic-era eviction ban in 2021, the GAO governing the ERP process has been amended numerous times.
Which Eviction Cases Can Bypass ERP?
The ERP General Administrative Order now allows certain residential eviction cases to proceed before the standard ERP case management date. Of particular importance to landlords and property managers are cases involving:
- Criminal Activity: Eviction actions filed pursuant to Section 9-120 of the Illinois Eviction Act may bypass the standard ERP process. Section 9-120 generally provides an expedited eviction procedure when the use of leased premises constitutes a felony or Class A misdemeanor under Illinois law.
- Forcible Entry or Unauthorized Occupancy: Certain cases filed pursuant to Sections 9-102(a)(1) or (3) of the Illinois Eviction Act may also bypass ERP. These provisions can apply to individuals who have entered or remain in possession of property without a legal right to do so, including qualifying cases involving squatters.
The Order also contains a separate exception for certain condominium association eviction actions against unit owners or their immediate family members or shareholders.
As a result, properly filed cases can avoid the additional ERP court appearances, case assessment, and related continuances that would ordinarily occur before the case reaches an eviction trial courtroom.
For landlords dealing with serious criminal conduct or unauthorized occupants, this procedural change can make a substantial difference in the overall eviction timeline.
Next Steps for Cook County Landlords and Rental Property Managers
Taking advantage of an ERP exception requires careful preparation from the outset. Simply alleging criminal activity or characterizing an occupant as a “squatter” does not automatically qualify an eviction for an ERP exception.
The General Administrative Order establishes specific pleading, evidentiary, affidavit, and documentation requirements that vary depending on the basis for the eviction. The complaint and summons must also identify the applicable statutory exception and include required information for cases proceeding outside the standard ERP process.
Landlords and rental property managers dealing with squatters, unauthorized occupants, or qualifying criminal activity should involve legal counsel before serving termination notices or filing an eviction lawsuit to ensure the case meets the applicable statutory and procedural requirements.
This includes properly documenting the circumstances, preserving supporting evidence, and complying with required termination notices, pleadings, affidavits, and summons language. Failure to satisfy these requirements can jeopardize the exception and result in the case being transferred back to the standard ERP process.
Legal Resource
Properly identifying and preparing a qualifying case from the beginning can allow Cook County landlords to bypass ERP and move the eviction directly toward an eviction trial courtroom.
Please contact KSN with questions regarding Cook County evictions, the Early Resolution Program, termination notices, unauthorized occupants, tenant disputes, or other landlord legal matters.
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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