Cook County orders 2012 winter eviction moratorium


For information on the 2013-2014 moratorium, click here!

In the spirit of the holiday season (or at least so they don’t look like the Grinch), the Circuit Court of Cook County generally provides tenants with an early Christmas present at this time of year.  Presiding Judge E. Kenneth Wright, Jr. has entered General Order 2012-04 ordering the annual Cook County shut down of the Cook County Sheriff’s enforcement of eviction orders.  Per the general order, the Sheriff of Cook County has been ordered to cease the execution of orders for possession beginning today, December 17, 2012 and to resume evictions effective January 2, 2013.  For landlords, this is a little lump of coal.  It means that eviction orders are stayed from enforcement and no tenants will be forcibly evicted or removed from their properties for just over a two week period from now into the new year.

The order goes on to direct that the Sheriff shall not enforce an eviction order or dispossess a tenant of possession of a rental unit (1) whenever the outside temperature is 15 degrees Fahrenheit or colder on the actual day of eviction or (2) whenever, regardless of outside temperature, extreme weather conditions endanger the health and welfare of those to be evicted.

So, there you have it, kids.  The enforcement of eviction orders are done for 2012.  However, that does not mean that eviction lawsuits stop!  Cases will proceed as normal through the end of the year and into the new year subject to the court having a number of days off for court holidays.

This winter has been, obviously, quite mild in Chicagoland.  Certainly, the sixteen (16) day shutdown of evictions will add a delay of a few weeks to the Sheriff’s response time, but, where things go from there depends on the weatherman.

About Richard Magnone

Co-founding member of Reda | Ciprian | Magnone, LLC, attorney at law and Illinois licensed lawyer since 1996.
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