On Wednesday, July 22, 2020, Illinois Governor Pritzker announced that he will extend the moratorium on evictions in the state until August 22, 2020.

 

Again, the Governor explained that the extension of the residential eviction ban will provide a smooth transition into his new assistance programs which go into effect on August 1, 2020. The assistance programs are designed to assist tenants affected by the COVID-19 pandemic to repay past due rents to landlords.

 

We expect Governor Pritzker to issue an extension order on or before July 25, 2020. If the new order maintains the same requirements as the current Executive Order relating to evictions, a landlord will not be allowed to initiate any residential eviction until August 23, 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.”

 

Once the stay is lifted, landlords can once again issue termination notices and file evictions. It is important to note that the Executive Order does not waive the tenant’s obligation to pay rent. Further, 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 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 once the Governor’s stay is lifted (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 landlords serve a 30 days notice, rather than a 5 days notice for non-payment of rent. Therefore, for properties with federally backed loans or those that receive federal assistance (ex. Section 8 voucher programs), the earliest an eviction could be filed would be September 21, 2020.

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.

 

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.