The first step in evicting a tenant is to send them a notice to vacate. County officials point to the decline as a reflection of the effectiveness of County legal aid efforts and rental assistance on behalf of both landlords and tenants. After the judge or jury hears evidence, the case can resolve several different ways: A judge can order the eviction file sealed, if the tenant and the landlord agree. Therefore, the Mission of the Civil Management Bureau is to execute process of the court by: This disclaimer of liability applies to any damages or injury which may be perceived by you, the web user, to be caused by the information or services on this web site, or by using this web site. Otherwise, it is waived. 2014 IL App (1st) 132073, 27. Heres whats going on. From October to March, there were 1,181 eviction cases that led to a court order enforced by the Cook County sheriffs office compared to 3,301 from October 2019 to March 2020, according to the Circuit Court of Cook County. 3d 978 (2d Dist. All Rights Reserved. From October 2019 through March 2020, prior to the pandemic-related eviction moratorium which began on March 20, 2020, nearly 25 percent of eviction filings ended in an eviction enforced by the Sheriffs office, meaning the Sheriffs office dispatched deputies to enforce the judges order. Once the stay expires, the landlord files an eviction order with the sheriff. Plaintiff did not respond to this motion in writing, so there were no counter-affidavits. Zoom links for Cook County courtrooms are available online. E-Filing has arrived at the Cook County Sheriffs Office. In response to the expected influx of eviction filings, County Officials launched a suite of programs in late 2020 and throughout 2021 aimed at addressing community housing needs. in the administration of section 21401 relief is that the petition invokes the equitable powers of the circuit court, which should prevent enforcement of a default judgment when it would be unfair, unjust, or unconscionable. Smith v. Airoom, 114 Ill. 2d 209, 225 (1986). To cancel an eviction, click the button below. The . As noted above, eviction filings stopped being accepted and enforced by the courts on March 20, 2020 due to the eviction moratorium. However, it is not common for landlords to evict tenants in the winter. By January, the number of eviction cases filed each month started to surpass 2,000. The answer to this question is a bit complicated. Social Service Connector A directory of social service organizations that may be useful when facing an eviction, Eviction Procedure Property Owners Guide. The coronavirus pandemic upended daily life starting in March 2020 and led to a moratorium in most eviction cases. So, the Cook County Sheriff has determined that probate, juvenile and order of protection summonses are "essential" but that routine summonses, including eviction summonses, are not. . Relative hardships stemming from granting or denying the motion to vacate. Other reasons might include violating the terms of the lease or damaging the property. The judge then stated that he would have made an exception in Ms. Kings case and granted her motion to vacate but for Plaintiffs allegations regarding loud music and Ms. Kings cousin. Motion must be filed within 30 days after judgment735 ILCS 5/2-1202(c), A timely-filed motion stays enforcement of the judgment735 ILCS 5/2-1202(d), A timely-filed motion also extends the deadline for filing an appeal, but just once. Call the CCLAHD Hotline at 855-956-5763 for help or visit www.cookcountylegalaid.org for more information. at 16 (citations omitted). Sheriffs deputies try to deliver summons in person to someone 13 years old or older at the unit. If the tenant does contest the eviction, the case will proceed to trial. He argues that his office is providing a much-needed service by carrying out evictions. Affidavit about how the Tenants behavior violates the Lease, Illinois Legal Aid Onlines article on Common eviction defenses., please review the Cook County Residential Tenant Landlord Ordinance, the Chicago Residential Landlord and Tenant Ordinance, Evanstons Residential Landlord and Tenant Ordinance, the Village's Tenant and Landlord's Rights, the Oak Park Residential Tenant and Landlord Ordinance, additional information about this study (including how to sign up) on the American Bar Foundations website, Unless the lease (or a local ordinance) gives more time, this is typically a 5-Day , Handing it to a person who is at least 13 years old. When checking the status of your eviction, you will need to know the District Number and Sheriff's Receipt Number. There are organizations that can help you find a lawyer, and there are also lawyers who offer free or low-cost legal services. If the tenant does not comply with the date specified in the notice, the landlord can file an eviction lawsuit. Settlements are usually reached through rental assistance thats paid directly to landlords, but in some cases the relationships between the residents and owners are so tense that an agreement cant be reached, Gilbert said. The E-File Portal will allow users to electronically file many types of documents with our office without the need to travel to a courthouse. NOTICE The trial court erred by relying on S. Ct. Rule 286(b)which governs small claims actionsto justify its decision to consider testimony regarding allegations that were not set forth in the termination notice. The Cook County Sheriff's Office has been ordered to enforce less than half as many evictions in recent months, compared to the same period in 2019 before the COVID-19 pandemic. The E-File Portal will allow users to electronically file many types of documents with our office without the need to travel to a courthouse. If the tenant appears, the case is usually continued for 28 days. Cook County officials say a program providing legal aid for renters along with rental assistance has so far contributed to fewer cases leading to an order to vacate an apartment. The relief efforts made by the County and the federal government are making a promising impact, Cook County Sheriff Tom Dart said. In January 2013, she received notice that IDPA was terminating her cash assistance under the TANF Program effective the following month. With the help of a lawyer, you may be able to keep your home in the winter. A timely-filed motion to reconsider extends the deadline for filing an appeal, but just once. Cook County Sheriff David Clarke has been in the spotlight recently for his aggressive stance on evicting tenants. A trial courts decision to deny a motion to vacate an agreed order is reviewed under an abuse of discretion standard. Pet issues related to evictions (A list of helpful organizations to assist with pet issues related to an eviction.) His office has been carrying out more and more evictions, often using force to remove residents from their homes. Social Service Connector (A helpful guide to social service organizations in the Cook County Area.) In the face of an impending crisis, Cook County and community partners stood up programs and pilots focused on getting legal aid, case management and financial assistance to our residents in greatest need.
However, she said the dynamics of eviction court have changed during the coronavirus pandemic, and shes encouraging every tenant to attend court virtually or in person. In response to the expected influx of eviction filings, County Officials launched a suite of programs in late 2020 and throughout 2021 aimed at addressing community housing needs. You agree to defend, indemnify, and hold harmless the Cook County Sheriff, its web content contributors, its agencies, officials and employees from all claims and expenses, including attorneys' fees, arising from the use of the information or services on this web site; by your using this web site; or by its use through your Internet account. Judicial dictum, unlike obiter dictum, is generally entitled to weight and should be followed unless found to be erroneous. S. Ct. Rule 303(a)(2). You can find a sample Proof of Service of Eviction Notice here. As a web user, it is your responsibility to determine the content and usefulness of information you find on other sites. A program to help you ask the court to vacate a default judgment within 30 days of that judgment. In contrast, between October 2021 and the end of March 2022, after the expiration of the moratorium, less than 10 percent of eviction filings have resulted in the court ordering the Sheriff to enforce an eviction. The Sheriff must make the first attempt to serve the tenant. 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The Sheriff the gives the plaintiff or the plaintiffs attorney a receipt that contains a district number and a receipt number. The County understood that we needed to work together to take action. Click on the following links to view instructions that will guide you throughout the case filing process: https://www.illinoiscourts.gov/forms/approved-forms/forms-approved-forms-circuit-court/eviction, https://www.cookcountysheriff.org/eviction-update/, By visiting the Cook County Sheriffs Office E-Filing Web Site and viewing, accessing or otherwise using any of the services or information created, collected, compiled or submitting any information or documents to the Cook County Sheriff through the Cook County Sheriffs Office E-Filing Web Site, you agree to be bound by the following Terms and Conditions of Service. With Kevin Durant now in the mix, the new-look Suns showed the Bulls just how much firepower they have. This includes but is not limited to procurement or substitute goods or services; loss of use, data, or profits; or business interruption. . The judge accepted Ms. Kings assertion that she did not understand the material terms of the order she signed. If that fails, the landlord can use a private company to deliver the summons or, with the judges permission, post a summons at the courthouse and mail a copy to the tenant. Eviction Complaint:standard statewide form(735 ILCS 5/9-106). Due to the rapidly changing nature of the World Wide Web and the Internet, online resources that are free and publicly available one day may require a fee or restrict user access the next. As a user of the Cook County Sheriff's E-Filing Web Site, you specifically acknowledge that the Cook County Sheriff and its contributors are not liable for any defamatory, offensive, or illegal conduct of other users, links, or third parties and that the risk of injury from all off-site content mentioned herein rests entirely with you, the web site user. "I am happy to see that efforts by legal services providers and volunteers, plus rental assistance, are helping to prevent evictions in Cook County and keeping people in their homes during these challenging times," said Chief Judge Timothy C. Evans. ILAO is a registered 501(c)(3) nonprofit organization. Landlords with legal questions can consult with an attorney for free through Cook County Legal Aid for Housing and Debt (CCLAHD). Evictions are generally scheduled in order of filing and are separated into geographical areas. CCLAHD has served over 15,000 Cook County residents to date and connected many thousands more to critical resources like rental assistance. Tenants without lawyers are referred to legal aid, rental assistance, and/or court-appointed mediation. In contrast, between October 2021 and the end of March 2022, after the expiration of the moratorium, less than 10 percent of eviction filings have resulted in the court ordering the Sheriff to enforce an eviction. Administered by the Housing Authority of Cook County (HACC) and the Cook County Bureau of Economic Development, the initial round of rental assistance, launched in March 2021, distributed $65.5 million of CARES Act funding in rent and utility bill relief. This includes but is not limited to procurement or substitute goods or services; loss of use, data, or profits; or business interruption. In Cook County, eviction can be initiated when: Without rent control and just cause eviction laws, no reason is needed to raise rents or to refuse to renew a tenants lease. An example is available at the following link: https://www.illinoiscourts.gov/forms/approved-forms/forms-approved-forms-circuit-court/eviction (click on "Effective September 13, 2021, all residential eviction summons must include a notice about Court-Based Rental Assistance. And, despite it all, evictions are still happening. Note: the amount of notice a Landlord needs to give a month-to-month Tenant may depend on (a) where the property is located; and (b) how long the Tenant has lived in the property. If the notice of eviction is served on the sixth day of the month or later, the eviction can take place on the last day of the month. All Rights Reserved. You can find a sample Affidavit Supporting Documents not Attached to Eviction Complaint here. Cook County eviction schedule is a guide to when evictions in Cook County, Illinois, United States, can take place. Is the Cook County Sheriff doing evictions too aggressively, or is he simply enforcing the law? How long are evictions taking in Illinois?
Eviction actions are not small claims proceedings. If the tenant does not stop creating the nuisance by the date specified in the notice, the landlord can file an eviction lawsuit. From October 2019 through March 2020, prior to the pandemic-related eviction moratorium which began on March 20, 2020, nearly 25 percent of eviction filings ended in an eviction enforced by the Sheriffs office, meaning the Sheriffs office dispatched deputies to enforce the judges order. The content does not necessarily reflect the views, policies or practices of the Cook County Sheriff, or its agencies, officials or employees. This eviction moratorium is done each year around this time, both for the Holidays and due to the weather conditions. Find a new place within 30 to 120 days, depending on their length of residency. 33 North Dearborn Street Suite 400 Chicago, Illinois 60602. For the most up-to-date housing resources, please visit our Eviction Help Illinois page. MISSION STATEMENT. Where a judgment is void for lack of personal jurisdiction when entered, it remains void despite subsequent submission by a party to the circuit court's jurisdiction. For a directed verdict. Nationally, the Aspen Institute estimated that nearly 15 million Americans were at risk of eviction in mid-2021 including tens of thousands of Cook County residents. Handing it to a person who is at least 13 years old and lives at the property; Sending via certified or registered mail with a return receipt; or. Two certified copies and two additional copies of the court order are required at the time of filing, All changes, additions to and/or deletions from the order must be initialed by the issuing judge, At the time of filing the plaintiff or the plaintiffs attorney must complete an eviction disclosure form.. One of the guiding principles . 2012). However, the eviction process typically takes around two to four weeks. Let's take a look at the Cook County Sheriff's eviction schedule website. If the tenant is found guilty, the court will issue an order of eviction. The plaintiff or the plaintiffs representative must identify the entry door to the property to be evicted and, if the plaintiff or plaintiffs representative does not have a key to the premises, sign a document authorizing forced entry. From 2017 to 2019, the median time for the sheriff to carry out an eviction was 48 days, but many tenants move out before then. Eviction law is in a constant state of change and issues are never as clear cut as they seem. You understand, agree and acknowledge that these Terms and Conditions of Service constitute a legally binding agreement between you and the Cook County Sheriff and that your use of Cook County Sheriffs E-Filing Web Site shall indicate your conclusive acceptance of this agreement. Nearly 30,000 evictions were filed in Cook County in 2019. We are dedicated to providing the public with the best possible experience and service. Severity of the penalty resulting from the order or judgment. CCSO carried out an eviction against a woman who turned out to be suspected serial scammer Candace Clark on Jan. 14, 2022. The ban ended on October 3, 2021, and experts and advocates feared that a tidal wave of evictions would follow. Between 2010 and 2019, an average of just 11% of Chicago tenants facing eviction lawsuits had legal representation each year, compared to 81% of landlords, according to the Lawyers Committee for Better Housing. In the face of an impending crisis, Cook County and community partners stood up programs and pilots focused on getting legal aid, case management and financial assistance to our residents in greatest need.. To learn more about CCLAHD programs, please visit www.cookcountylegalaid.org or call 855-956-5763. Most hearings continue to happen virtually, with the option to go to the courthouse in person. Within 30 days of its issuance, the defendant moves to vacate it. Whenever extreme weather conditions endanger the health and welfare of the tenants who face eviction. The safer course of action is to file a motion to stay under 735 ILCS 2-1305. We ensured that families who had already received an eviction notice were the first to receive aid, as well as our lowest-income households. If the rental agreement is long, Landlords can choose to include only the portions that are relevant to their lawsuit. The notice must state the reason for the eviction and the date by which the rent must be paid. Mackowiac, 47, has spent the last 21 years working for the Cook County Sheriff's Officemostly in the Eviction, Levy & Warrant Unit. These rules apply even if there is no written lease. . This notice must be in writing, and it must specify the date by which the tenant must vacate the property. Of those, 28 have been carried out as of mid-October. Cook County Sheriff Tom Dart Wednesday urged Gov. The Governors Moratorium on evictions has expired. In Illinois, the eviction process can take anywhere from two to four weeks, depending on the courts schedule and the tenants cooperation. After obtaining a judgment for possession, the landlord reinstates the tenancy by signing a new lease agreement, or by accepting rent that accrued subsequent to the judgments entry. Landlords with legal questions can consult with an attorneyfor free throughCook County Legal Aid for Housing and Debt (CCLAHD). Landlords who are interested in exploring their options for Tenants who have violated their lease in some way other than non-payment should review and collect the paperwork listed below. The plaintiff can use the district number and receipt number to locate his place in line. More information regarding this option can be found in this Illinois Legal Aid Online Article regarding service or on the Illinois Courts webpage regarding Special Process Servers. Cook County Evictions - What to expect once you have filed your court order with the sheriff: It takes the Sheriff's Office 6-8 weeks from the day you file with the Sheriff's office to schedule and come out to physically enforce the eviction. The notice must state the reason for the eviction and the date by which the tenant must stop creating the nuisance. You may be able to negotiate with your landlord or file a petition to stop the eviction. 1999) (reversing dismissal of tenants complaint alleging that owner of Section 8 project-based development and its attorneys filed eviction action to collect rent that tenant did not owe, used fraud to prevent her from contesting baseless eviction action in court, and knowingly misrepresented to court that tenant agreed to entry of order awarding the plaintiff possession of the premises.). So, for example, if the landlord wants to evict the tenant because the tenant is not paying rent, that would be a fault eviction, and the moratorium would not apply. In contrast, from October 2021 through March 2022, there were 12,358 eviction cases initiated in the court with a total of 1,181 enforced. Evictions are generally scheduled in order of filing and are separated into geographical areas. "Our goal was to keep residents in their homes during the pandemic that forced many to lose work," said Commissioner Scott Britton. All rights reserved. The moratorium on evictions that was put in place during the COVID-19 pandemic has ended. Case continued if the parties agree to more time. ###
that there is probable cause for staying further proceedings until the order of the court on the motion. 735 ILCS 5/2-1305.. A proceeding under section 21401 is initiated by the filing of a petition supported by affidavit or other appropriate showing as to matters not of record. Paul v. Gerald Adelman & Assoc., 223 Ill. 2d 85, 94 (2006) (citation omitted). In total, over $130 million in rental assistance has been distributed by the County and hundreds of millions more has been administered by the State of Illinois and the City of Chicago to assist Cook County renters and landlords in need. From the beginning of the pandemic our number one priority has been to prevent evictions, said Rich Monocchio, HACCs Executive Director. The petition may not be filed more than two years after entry of the judgment. Across the top of the order Plaintiffs attorney had written the word Agreed. Ms. King signed the order, believing that it afforded her the right to preserve her tenancy by paying Plaintiff the rent demanded plus costs within the next thirty days.
Neither the Cook County Sheriff, its content providers, agencies, officials nor employees guarantee that the service will be uninterrupted or error-free. If the tenant does respond, the case will go to trial. But now, the first hearing is for case management and tenants are often referred to an early resolution program where attorneys help tenants reach a settlement with their landlord. Is a judgment for possession a judgment granting injunctive relief? Corp., 182 F.3d 548 (7th Cir. At the hearing on the motion, Plaintiff elicited from the property manager testimony that Ms. King played loud music at night and allowed a barred individual, her cousin, into her building. If you are facing eviction, it is important to stay calm and organized. The circuit court indicated that evidence of these other complaints was relevant and would be allowed under Illinois Supreme Court. An abuse of discretion occurs when the circuit court acts arbitrarily without the employment of conscientious judgment or if its decision exceeds the bounds of reason and ignores principles of law such that substantial prejudice has resulted. Id. Copyright 2023 Cook County Sheriffs Office. [W]hen a court is presented with a request to set aside a default, the overriding question is whether or not substantial justice is being done between the litigants and whether it is reasonable, under the circumstances, to compel the other party to go to trial on the merits. Although relevant, the party need not necessarily show a meritorious defense and a reasonable excuse for failing to timely assert such defense. Id. At the second hearing in an eviction case, there are a few possible outcomes: Most eviction cases in Cook County are heard by judges; requests for a jury trial should be filed before the second court date. An experienced attorney can help you understand your rights and may be able to help you delay or prevent the eviction from taking place. What paperwork do I need to file an eviction in Cook County? Housing is the very fabric of a community. The process can be complex, and it is important to have a plan. It involves an issue briefed and argued by the parties. That has changed on the Sheriff's website, so I thought it was worth providing a small update to that information. Privacy Policy | Terms of Use | California Consumer Privacy Act | DMCA| About us. To stay enforcement of the judgment, therefore, the defendant must file a 2-1305 motion to stay by applying for a certificate . Since the state pandemic declaration, Cook County judges have approved 48 emergency evictions. This data includes both residential and commercial evictions initiated in Cook County. Legal Aid Chicago filed a motion to vacate the agreed order on the grounds that Ms. King had reasonably misunderstood its material terms, that there had been no meeting of the minds, and that she had a meritorious defense to the underlying eviction action (i.e., she did not owe any rent) so that vacating the agreed order would not be a useless act that merely postponed an inevitable eviction. This is helpful for both defendants and plaintiffs in . By selecting LOG IN, you agree to the terms & conditions below. However, landlords must follow specific procedures in order to lawfully evict a tenant. A representative of the plaintiff must be present on the day of the eviction. The Zip codes that had the most eviction orders included communities such as South Shore, Chatham and West Woodlawn, according to a WBEZ analysis of Cook County sheriffs office data. Cancel Eviction Copyright 2022 Cook County Sheriff's Office. Freedom of Information Act Requests & Subpoenas Duces Tecum, Individual in Custody Work / Program Verification Form, Murderers and Violent Offenders Against Youth, Eviction Updates (Forms, Rental Assistance Info). New eviction filings decreased during the pandemic eviction moratorium but have now rebounded. A contract is procedurally unconscionable if some impropriety in the formation of the contract leave a party with no meaningful choice in the matter. We ensured that families who had already received an eviction notice were the first to receive aid, as well as our lowest-income households. Such motions are routinely granted in order to achieve substantial justice. Id. A lesson that we have to take away from the pandemic it is better to prevent the harm than to try to treat it, Gilbert said. Cities including Cleveland, Philadelphia, and New York City already guarantee attorneys for low-income defendants in eviction cases. Posting to the door only if the property is vacant. S. Ct. Rule 303(a)(2). As CBS 2 Investigator Megan Hickey reported, Sunday was technically the first day that electronic filings for evictions were accepted in Cook County. Also of significance is the disparity in the parties' bargaining power given that [Ms. King] was not represented by an attorney and did not believe she needed one as she thought she was agreeing to pay and stay. Id. In some cases, however, evictions can take much longer. . You expressly agree that use of the Cook County Sheriffs E-Filing Web Site is at your sole risk. Notice of the petition shall be directed to the party against whom relief is sought and must be served by summons, by prepaid certified or registered mail, or by publication.