While most counties around Chicagoland already stayed execution of eviction orders, Governor Pritzker’s March 20, 2020 Executive Order memorialized the mandate on a state-wide level. Illinois sheriff’s offices will not enforce any previously-entered eviction orders.
For instance, the Sheriff will not execute an eviction order if it was placed in late February or early March and the stay date has now expired. However, this does not apply to new evictions.
The Executive Order specifically states that all tenants are still required to pay rent and comply with all obligations under the lease. Therefore, if a tenant fails to pay rent, a landlord can still serve a 5 day notice. If the 5 days expires without payment of rent, the landlord can turn the case over to their legal counsel who can electronically file the new eviction lawsuit.
With courts closed through April 30, 2020, the clerks are currently scheduling first court dates in early to mid-May. In addition, the lawsuit must be served on the tenants. With the Sheriffs’ offices and process serving companies functioning with reduced staff, service of the lawsuit may take longer than usual and have decreased success, resulting in an extra court date to accomplish service.
As an alternative to pursuing eviction, many landlords are considering short-term agreements to waive late fees or allow payment plans for tenants who are experiencing hardship due to the coronavirus (COVID-19) crisis. KSN can assist landlords in drafting an appropriate agreement that allows the tenant leeway without waiving rights under the lease. We are working and available to assist you as your legal needs arise. Please call 855-537-0500 or visit www.ksnlaw.com.
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