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 condominium, homeowner, and townhome associations. Additionally, we represent clients in real estate transactions, collections, landlord/tenant issues, and property tax appeals. We represent thousands of clients and community associations throughout the US with offices in several states including Florida, Illinois, Indiana, and Wisconsin.
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