Although some landlords planned to initiate evictions starting Monday, June 1, 2020, all evictions will have to wait.

 

Governor Pritzker extended the stay date with Executive Order 39 by continuing the ban on the commencement of any residential eviction or the enforcement of any commercial or residential eviction until June 27, 2020.

 

Therefore, a landlord may not initiate residential evictions by serving a notice for non-payment until June 28, 2020 at the earliest. Furthermore, the sheriff will not be enforcing any orders for evictions for both residential and commercial evictions until the same date.

 

Once again, the Executive Order does not waive the tenant’s obligation to pay rent and rent will continue to accrue as the lease dictates.

 

It is also important for landlords to keep in mind that the federal Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) also provides an additional stay for evictions. Specifically, the provisions of the CARES Act prohibit landlords who own rental properties with federally backed loans or who obtain federal assistance (such as Section 8 voucher programs) from initiating eviction proceedings against their tenants through July 25, 2020. The CARES Act 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. Accordingly, the earliest an eviction could be filed for such property would be August 24, 2020.

 

KSN will continue to monitor ongoing changes with the eviction process and update landlords and rental property managers in a timely fashion. As always, we are here to help and assist you through these difficult, unprecedented times.

 

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.