Illinois Governor Pritzker has issued the latest in a series of Executive Orders addressing the COVID-19 pandemic. Executive Order 2021-09 extends the moratorium on Illinois evictions to May 29, 2021.
The new Executive Order maintains the identical requirements from the prior Order and only allows landlords to proceed on evictions for:
- non-payment against non-“Covered Persons” or
- for conduct that is a direct threat to the health and safety of other tenants or an immediate and severe risk to property.
Other Evictions Prohibited
All other types of evictions (including those for holdovers, unauthorized occupants, and conduct that does not rise to the level of a direct threat) continue to be prohibited.
Executive Order 2021-09 reiterates the prerequisites for non-payment evictions that were established in previous Executive Orders:
- Landlords must personally serve the Illinois Housing Development Authority (IHDA) Tenant Declaration, in its current 2-page form, on tenants as you would a 5 day notice.
- Landlords must wait 5 days after service of the Tenant Declaration form before serving the termination notice.
- As with the Governor’s prior Executive Order, if a resident signs the Tenant Declaration Form (attesting under penalty of perjury that they meet one or more of the criteria listed in the Declaration) then you cannot proceed with an eviction unless the tenant’s conduct falls under the direct threat exceptions.
On March 29, 2021, the Center for Disease Control (CDC) extended the nationwide eviction moratorium through June 30, 2021.
Federal, state, and local emergency protections do not release tenants from their obligation to pay rent. KSN can assist Illinois landlords by preparing the appropriate termination notices for your property in compliance with the Governor’s latest Executive Order, the Chicago Ordinance, the CARES Act, and the CDC order.
Our firm can proceed with non-payment evictions.
Our attorneys are familiar with the latest regulations to avoid technical defects that could otherwise result in possible dismissal of your eviction cases. We will work quickly and efficiently to secure eviction orders against non-covered tenants.
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, 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.
Please note the material contained in this article is for educational and informational purposes only and does not constitute legal advice. No attorney-client relationship is established by your review or receipt of the information contained in this article. You should not act on the information discussed in this article without first obtaining legal advice from an attorney duly licensed to practice law in your State. While KSN has made every effort to include up-to-date information in this article, the law can change quickly. Accordingly, please understand that information discussed in this article may not yet reflect the most recent legal developments. Material is not guaranteed to be correct, complete, or up to date. KSN reserves the right to revise or update the information and statements of law discussed in the article law at any time, without notice, and disclaims any liability for your use of information or statements of law discussed on the article, or the accessibility of the article generally. This article may be considered advertising in some jurisdictions under applicable law/s and/or ethical rules/regulations. © 2021 Kovitz Shifrin Nesbit, A Professional Corporation.