Illinois Governor Pritzker has announced the final phase out of the eviction moratorium which will completely lift on August 31, 2021.
In a press release on July 14, 2021, Governor Pritzker announced that he will issue an Executive Order on July 23, 2021 that will allow new eviction filings against Covered Persons as of August 1, 2021.
On June 26, 2021, the ban against Non-Covered Persons was lifted and landlords were finally allowed to file evictions for any reason against Non-Covered Persons (or those tenants who have not signed and returned a Tenant Declaration form, for the first time in 14 months). However, landlords were still barred from proceeding against Covered Persons, except in limited circumstances.
Based on this new press release, the distinction between Covered and Non-Covered Persons will no longer be relevant when it comes to issuing termination notices and filing new evictions. It appears landlords will be allowed to proceed against all tenants, for any reason, as of August 1, 2021.
In addition, the Governor announced that as of September 1, 2021, the Sheriff will be allowed to enforce all eviction orders, whether the tenants are Covered or Non-Covered Persons.
Serving Termination Notices and Filing New Evictions
Currently, before serving a termination notice, a landlord must determine if the tenant is a Covered or Non-Covered Person by serving the tenant with a Tenant Declaration form and waiting 5 days.
The Governor’s press release implies that, as of August 1, 2021, the Tenant Declaration form will no longer be necessary. If the July 23, 2021 Executive Order fulfills the Governor’s promise in this press release, landlords will be able to serve termination notices against any and all tenants (including 5 day, 10 day, and 30 day notices) without the delay associated with the Tenant Declaration.
Please note that many federal, state, and local restrictions are still in place regarding the language of certain termination notices. Do not hesitate to contact our office to ensure you are serving the correct form.
Additionally, landlords cannot serve a termination notice if they have applied for or received rental relief funds from the spring 2021 programs.
Placing Eviction Orders with the Sheriff
Since June 26, 2021, eviction orders that were entered by the courts prior to March 20, 2020 and all eviction orders entered against Non-Covered Persons may be executed by the Sheriff. However, the Sheriff cannot enforce eviction orders against Covered Persons, unless those tenants constitute a direct threat to the health and safety of other residents or a severe and immediate risk to property.
The Governor’s new press release indicates that the Sheriff will be allowed to execute eviction orders against all tenants beginning September 1, 2021.
KSN attorneys are familiar with the latest laws and regulations to avoid technical defects that could otherwise result in possible dismissal of your eviction cases. We will work quickly and efficiently to prepare your termination notices, file your cases, and secure eviction orders.
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 regarding evictions, our retainer program, or other legal concerns, KSN can be reached by calling 855-537-0500 or by visiting www.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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