On Friday October 16, 2020, Illinois Governor Pritzker issued the latest in a series of Executive Orders addressing the COVID-19 pandemic.
Executive Order 2020-59 extends the moratorium on Illinois evictions until November 14, 2020.
Due to its connection to the Gubernatorial disaster proclamation in response to the spread of coronavirus, the eviction moratorium must be renewed every month.
As with prior Order, Executive Order 2020-59 maintains the same requirements relating to evictions. A landlord will not be allowed to initiate any residential eviction until November 14, 2020 unless the 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.”
It is important to note that the Governor’s Executive Order does not waive tenant’s obligation to pay rent and rent will continue to accrue as the lease dictates. Some tenants have misinterpreted the Governor’s Order and believe their rent is waived which is creating large unpaid balances on their accounts.
Keep in mind that once the Governor’s stay is lifted, Chicago landlords will be facing additional requirements for non-payment notices pursuant to the City’s COVID-19 Eviction Protection Ordinance passed on June 17, 2020 (see KSN blog article: City of Chicago Adopts COVID-19 Tenant Impact Ordinance).
Finally, landlords must be aware that the federal Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) also provides further protection to subsidized tenants by requiring that, after the Governor’s moratorium is lifted, all termination notices, including 5 day notices for non-payment of rent and 10 day notices for lease breaches, contain a 30 day cure period. This applies to properties with federally backed loans or those that receive federal assistance (ex. Section 8 voucher programs) and would further delay when an eviction could be filed.
Our law firm will continue to monitor the ongoing changes with the eviction process and their impact on landlords and rental property managers. If you would like to speak to one of our attorneys for additional explanations of the Executive Order, the CARES Act, and/or the most recent changes with the Illinois Eviction Act, KSN can be reached by calling 855-537-0500 or by visiting ksnlaw.com.
Since 1983, KSN has been a legal resource for landlords, property managers, and property owners. We have four office locations, serving hundreds of clients and thousands of communities throughout Illinois, Indiana, and Wisconsin. Our attorneys are also licensed in Arizona, Florida, and Missouri.
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