On Friday November 13, 2020, Illinois Governor Pritzker issued the latest in a series of Executive Orders addressing the COVID-19 pandemic.

Executive Order 2020-72 extends the moratorium on Illinois evictions but limits the ban only to:

  • “covered persons” who meet certain criteria, and
  • are not a direct threat to the health and safety of other tenants or an immediate and severe risk to property.

 

To proceed with an eviction under the Governor’s new Order, we advise that you distribute the Declaration form to all tenants and residents at the property. You can then serve a Notice to Terminate Tenancy on those delinquent tenants who are not “covered persons.”

The Illinois Housing Development Authority has provided the Declaration form here.

 

As always, the Governor’s new Order does not waive a 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.

 

To avoid possible dismissal of your eviction cases and further delays in removing delinquent, non-covered tenants, we strongly advise our clients that we can assist them with preparing the appropriate termination notices for your property in compliance with the Governor’s Order, Chicago Ordinance and CARES Act.

 

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, the CDC Order, or the most recent changes in Chicago, 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. © 2020 Kovitz Shifrin Nesbit, A Professional Corporation.