https://www.wifr.com/2020/12/22/illinois-supreme-court-issues-order-for-eviction-cases/

ROCKFORD, Ill. (WIFR) - The Illinois Supreme Court issued a follow-up to the order the court issued in May, setting forth the requirements for any landlord seeking to evict a tenant from a dwelling unit covered by the CARES Act.

While certain provisions of the CARES Act eviction moratorium will expire, Gov. Pritzker’s most recent Executive Moratoriums departed from previous orders and changed the parameters for the state’s eviction moratorium. The new order, which was proposed by the court’s COVID-19 Task Force, is intended to clarify how courts should handle the commencement of eviction actions while the governor’s moratorium is in effect, according to the court.

“The pandemic continues to create challenges and I applaud the COVID-19 Task Force for helping the Court move quickly to address them,” Chief Justice Anne M. Burke said.

The new order sets forth the process for eviction actions during this time and includes a certification form that all landlords must append to any eviction complaint filed until the moratorium expires. If the judge determines that the complaint does not meet the requirements of the moratorium, the eviction complaint will be dismissed without prejudice, the court file will be sealed, and any future refiling fee will be waived.








This protects tenants from erroneous filings and allows landlords to correct any errors by permitting them to refile without incurring court costs.

The order also states that the court makes no ruling regarding the validity of the governor’s moratorium and presumes its constitutionality absent a successful legal challenge. It is effective immediately and is available with the certification form here.

The court and the Illinois Judicial Conference created the COVID-19 Task Force in June to serve as a rapid response unit to address ongoing challenges to court operations caused by the pandemic. The Chair of the Task Force is J. Timothy Eaton, Partner at Taft Stettinius & Hollister LLP and the Vice Chair is the Hon. Eugene G. Doherty, Chief Judge of the 17th Judicial Circuit.

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foxkid,

Just reading what's there. it looks to me that it is attempting to prevent people from being evicted (without solid grounds put forth in the eviction request) if they lost their job due to the pandemic. ??

So how does a landlord pay his mortgage on a place without rent? Is the gov. gonna bail him out? If you cannot pay your rent I feel you need to get out. This must be a liberal thing or IL liberal thing. If you don't pay your rent here the landlord can give you a thirty day eviction notice and after that a three day notice and then the sheriff comes and removes the tenant. Then the landlord puts your stuff on the curb. We just finally got some tenants out of our rental that had been unpaid for months. LLL

I provided housing for people by being a landlord for years. I am so glad I am out of that business now.

Fixed it for you.

I will never own rental housing again.

My wife will never allow me to own rental property.
Smart lady.

Chris

I believe the CDC extended its Eviction Ban to the end of the year. I also think that the new relief package extends that Eviction Moratorium for at least several more months if passed. So, even if your state's Eviction Bans have expired, tenants are federally protected for now as long as they submit the proper forms.

I manage properties professionally, building owners pay me to deal with tenants, maintenance and all the other headaches involved with renting. I've been lucky so far through the dempanic in that only one tenant was unable to keep up on rent due to his workplace being shutdown. He happened to be a professional painter and I happened to have a couple of vacant apartments needing remodeling so I put him to work. He made enough to pay two months rent and was back to work at his regular job soon after.

Owning and managing rental properties is what you make it. I screen tenants hard, I'm very picky about who gets in and I'm usually a pretty good judge of people. I let tenants know from day one that I will not accept any bullcrap. It seems to be working, it's been pretty smooth sailing these last fifteen years.

thanks guys......just didn't understand the terminology

Precursor to property seizure.

Yea buddy of mine has 3 rental prop 2 of the tenants didn't loose their jobs but stopped paying rent. IN KY you can't evict right now.

That is the point! This is an intentional attack on property rights. Our Governor here in Washington state just extended the "no eviction moratorium" through the first of April. They want landowners to lose their property.

Same thing with the ridiculous focus on restaurants. They are primarily small business owners and they are the second largest employer in the country. This is a focused attack on the middle class.

OOPS you in for a world of hurt now !!! Right lefty see this and you will be getting protested from BLM and rainbow warriors and who ever the racist police are this week.

Let say you have two rental unit and use the rent to pay for the unit, will the bank say it is ok not to make payment. Ya right.

Why do you assume I base my decisions on race and/or sexual orientation?

Gov of NC just extended our through January.

The only solution for the property owner is to wait for the tenant to leave for a trip to the pot shop then burn down the house

Collect the insurance money and get rid of the dead beat at the same time


The government created the fake crisis and then chooses the economic winners and losers

I sure hope my tenant comes up with the rent soon. She’s 23 days late as of now, keeps saying she’s gonna pay it but I’m not holding my breath. I have enough in savings that I won’t lose my house if she doesn’t pay for a few months but after that if I can’t evict her I’m going to be in a real bind.

The eviction moratorium is bs. I understand that we don’t want a bunch of people out on the streets, it isn’t their fault that the government screwed them out of work, but it’s not like landlords are all rich fat dudes that can afford the hit. Lot of landlords like me count on that rent money each and every month. What they should have done is create a fund that tenants can apply for rent assistance through. If they were forced out of work by covid restrictions and can’t pay the rent, they apply for the assistance and the government pays the landlord for them. No eviction moratorium. I wish I could have just sold that stupid house, but thanks to all the shutdowns the market where the house is fell flat on its face. Had it on the market six months and never even got one offer. Not even an insulting one.

We have 2 properties. Our 2 unit duplex we usually have great tenants. For some reason I thought a large single family would be a cash cow. It was nearly free. Has turned out to be a white elephant.

Only people that want a 4 bedroom home on the edge of the hood have got some life issues. We put a guy in there my fatherinlaw recommended in Feb or March. The eviction freeze notice came and he promptly stopped paying rent. It was finally lifted in June and served notice immediately.

This September we got two hipsters in there as roommates. They wanted the place because the large yard allows them to practice their fire eating (for real) So far so good. One of them even lost their job because of covid but they've still found ways to lay their rent in time.

Some people are habitual moochers and because of that they've alienated their support network. Others are hard workers and have built a community around them that comes through when times get tough.

That would have been a much better solution. Especially since the feds seem bent on just giving away trillions of dollars of free stuff lately.