Eviction

An important announcement – High Court Proposes New Forms

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Illinois Supreme Court Proposed FormsAnswers, Counterclaims, and Defenses

As my readers know from my posting infrequency over the last few months, things are super busy in our landlord-tenant practice.  However, this morning, a fellow attorney alerted me to an issue that I want to take time out to share.  The Supreme Court Commission on Access to Justice has promulgated a set of new Answer, Defenses, and Counterclaim forms for tenants’ use in eviction cases.  The forms can be found here on the Illinois Courts webpage.

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Well, some evictions can be filed…

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Are evictions still banned?

UPDATE: The governor has issued a number of executive orders amending this original order.  This article should not be relied upon as current law.

One of my readers was quick to provide me with a copy of the Governor’s new executive order before it is available to the general public on the web, so here’s a breakdown.

For reasons that will become clear in a moment, let’s start in Section 2 which is going to provide the main rule for residential eviction filings.  The new order, known as Executive Order 2020

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Governor to allow SOME residential evictions

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Relief for Landlords?

At his daily Covid-19 briefing, Illinois’ Governor addressed the residential eviction moratorium set to expire tomorrow, November 14, 2020.  The Governor announced that, once again, he will extend the moratorium on residential evictions for another 30 days.  The Governor qualified this indicating that the moratorium would apply only to renters who earn less than $90,000 in annual income or $198,000 for joint filers.  Obviously, we will have to wait to get a copy of the actual executive order, (UPDATE: We now have

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J.B. Pritzker leaves landlords in the dust… again

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Like Britney Spears and to no one’s surprise, he did it again.  The Governor’s order prohibiting evictions was set to expire on September 18 – just two days from now.  I know this is going to come as a MAJOR SHOCK to many, but the Governor has once again extended that order.  He says the ban will be extended to October 22, 2020 (the actual paperwork will be filed over the weekend if he holds to previous form UPDATE: the prohibition was extended to October 17, 2020).  I can’t see

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Deep dive into the Federal Eviction Moratorium

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As readers of this blog are aware, the Federal government has gotten into the landlord-tenant business.  This past Tuesday, the Centers for Disease Control and Prevention issued an unpublished order that is expected to be published in the Federal Register on September 4, 2020 purporting to put a moratorium on certain residential evictions until December 31, 2020.  The order is not a rule but is to be considered an emergency action taken by the CDC.  As promised, here’s a deeper dive into the order.

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CDC Halts Some Evictions until December 31, 2020

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2+2=5 If you thought you’ve seen it all, you were wrong. The federal government is in the back in the landlord regulation game.  The Center for Disease Control and Prevention has issued an order to be published in the Federal Register on September 4, 2020 that places a halt on some (many?) evictions until the … Read more

Small Landlord Acts on Eviction Moratorium

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Close the Loophole I was in a meeting today with a landlord who is trying to do something about the Governor’s eviction moratorium.  I listened to this landlord tell a story about how her tenants are doing damage to her property, how her tenants refuse to move, how her tenants won’t even apply for rental … Read more

Eviction Moratorium Extension a Boon to Landlords?

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Governor Drops a Big Hint

As discussed here last week, over the weekend, by way of Executive Order 2020-52, Governor Pritzker has extend the moratorium on commencement and execution of certain evictions until September 19, 2020.  I will not bother to opine on how this policy decision will negatively impact landlords nor the hopeless unfairness of this policy to small and large housing providers.  I will say that there might be one small glimmer of hope contained in the language of the executive order.  First, the language extending the order:

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