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At the height of the pandemic, experts and our partners in housing expected the worst a tsunami of evictions affecting our most vulnerable residents, said Cook County Board President Toni Preckwinkle. . The moratorium on evictions that was put in place during the COVID-19 pandemic has ended. If the tenant does contest the eviction, the case will proceed to trial. Housing is the very fabric of a community. The County understood that we needed to work together to take action. They argue that the sheriff should be working to help tenants stay in their homes, rather than forcing them out. A critical piece of the strategy included Cook County Legal Aid for Housing and Debt (CCLAHD), a county-wide initiative formed to help residents resolve eviction, foreclosure, consumer debt and tax deed issues. Plaintiffs attorney agreed to give her thirty days. Any further rights not specifically granted herein are reserved. Id., at 43-45. Severity of the penalty resulting from the order or judgment. Whenever extreme weather conditions endanger the health and welfare of the tenants who face eviction. You can find a sample Nonrenewal Notice here. These rules apply even if there is no written lease. Only when Ms. King tried to pay the rent plus costs did she learn from the property manager that she had signed what was effectively a pay and move agreement. Injustice Watch is a nonpartisan, nonprofit journalism organization that conducts in-depth research exposing institutional failures that obstruct justice and equality. 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. This list is not exhaustive and may not apply to every situation. The content does not necessarily reflect the views, policies or practices of the Cook County Sheriff, or its agencies, officials or employees. So, who is right? All rights reserved. A timely-filed motion to reconsider extends the deadline for filing an appeal, but just once. The link I inserted to the order is a searchable web page (as opposed to a pdf). at 16 (citations omitted). Not wanting to risk her subsidized tenancy by proceeding to trial and presenting her defenses, Ms. King decided to accept this offer. In addition, the location of information, services or web pages may change as menus, home pages, and files are updated or reorganized. A combination of federal, county and philanthropic funds will provide ongoing financial support. For many years, my evictions model has worked to assist individuals with vital social services and connections to resources to lessen the trauma of court-ordered evictions, but President Preckwinkles work to significantly reduce the number of evictions has been critical in disrupting the pain that eviction brings to too many residents of Cook County. The notice must state the reason for the eviction and the date by which the tenant must stop creating the nuisance. You can get hooked up with an attorney who can give you advice. This ordinance is designed to protect low-income residents who are at risk of being displaced as a result of gentrification or redevelopment. The trial typically lasts around two weeks, and the landlord will need to provide evidence to support their case. Landlords should be consulting with their . To apply for rental assistance, tenants facing eviction should contact Cook County Legal Aid for Housing and Debt as soon as they receive a court summons. Sheriffs deputies try to deliver summons in person to someone 13 years old or older at the unit. A sample notice is available here in black and white and color. Check with your local court because they may have additional or different required information (for example, Cook and Winnebago counties). In terms of eviction filings, from October 2019 through March 2020 there were 13,250 eviction cases initiated in the court with a total of 3,301 enforced. Generally, "obiter dictum" is a remark or opinion uttered by the way and is not binding as authority or precedent within the stare decisis rule. Id. ", Orders of Possession in eviction cases now also require a Verification of Non-Rental Assistance Form available at the following link: https://www.cookcountysheriff.org/eviction-update/, If your service was not served due to the COVID-19 threat or due to the Governor's and Chief Judge Evans' orders, you can file the papers again with our office by selecting FEE WAIVER and uploading the proof of service from the Cook County Sheriff's Office Civil Process Look Up for your service. 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. Please review and comply with 735 ILCS 5/9-117 to ensure that all Orders of Possession remain enforceable. Well, the purpose of the moratorium is to give the city time to come up with a plan to protect low-income residents from being displaced. 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.. To cancel an eviction, click the button below. Otherwise, it is waived. at 171, overruling GMB Financial Group, Inc. v. Marzano, 385 Ill. App. Evictions (Forcible Entry and Detainer) Forcible Entry and Detainer Section Circuit Court of Cook County 50 West Washington Street, Suite 1404 Richard J. Daley Center Chicago, Illinois 60602 (312) 603-4864 and 4865 The Forcible Entry and Detainer Section of the Circuit Court of Cook County is a section within the First Municipal District. 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. Additional rental assistance resources are expected to be made available for Cook County residents in the coming months as well. The Governors Moratorium on evictions has expired. 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. Sheriff's officers, along with a social. The answer to this question is a bit complicated. The Cook County Sheriff and its content contributors shall not be held liable for any direct or indirect damages caused in any way using information or services on this web site. 2023Illinois Legal Aid Online. Both sheriffs. The CARES Act still requires a 30-day notice, Affidavit Supporting Documents not Attached to Eviction Complaint. Ms. King attached to her motion an affidavit in which she summarized her conversations with her property manager before and after the return date, and with Plaintiffs attorney on the return date. When the case was called, the parties approached the bench. This includes but is not limited to procurement or substitute goods or services; loss of use, data, or profits; or business interruption. The relief efforts made by the County and the federal government are making a promising impact, Cook County Sheriff Tom Dart said. Protesters calling for Gov. The Sheriff the gives the plaintiff or the plaintiffs attorney a receipt that contains a district number and a receipt number. The judge accepted Ms. Kings assertion that she did not understand the material terms of the order she signed. E-Filing has arrived at the Cook County Sheriffs Office. Violating the stay can be surprisingly easy. 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. 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. The safer course of action is to file a motion to stay under 735 ILCS 2-1305. Landlords should consider applying for rental assistance as discussed under Other Resources.. We are dedicated to providing the public with the best possible experience and service. This data includes both residential and commercial evictions initiated in Cook County. 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. When can landlords evict again in Illinois? 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.. In January 2020, there were 2,597 eviction cases filed in the county. Moreover, under the law, there is a clear preference for disposing of issues based on the merits. Any dispute arising from the use of information or services provided on the Cook County Sheriffs E-Filing Web Site will be governed by the laws of the State of Illinois. Ms. King lived with her two young children in a Section 8 project-based development and paid a reduced rent ($77 per month) equal to a percentage of her household income. Id. If, during the trial, the court denied or reserved ruling on a motion for a directed verdict, it must be renewed post-trial. Since the state pandemic declaration, Cook County judges have approved 48 emergency evictions. 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. Thank you for your understanding. Judge typically orders a stay of the eviction to give the tenant time to move out. The Cook County Sheriffs 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. Eviction Procedure - Tenant's Guide Eviction Schedule Cancelling an Eviction To cancel an eviction, click the button below. Under Illinois law, landlords can evict a tenant for not paying rent only after giving the tenant a written notice of eviction. If the tenant does not comply with the notice, the next step is to file a complaint with the court. They can enforce an eviction order they already got, but can't try to get one without lifting the stay. Social Service Connector A directory of social service organizations that may be useful when facing an eviction, Eviction Procedure Property Owners Guide. Every December the presiding judge of the Circuit Court of Cook County, First Municipal District, issues a General Order stating that the Sheriff may not execute eviction orders during the following periods and under the following circumstances: The two week period preceding and including New Years Day; and, Whenever the outside temperature is 15 degrees Fahrenheit or colder; and. Pet issues related to evictions (A list of helpful organizations to assist with pet issues related to an eviction.) In Illinois, landlords can evict a tenant for a variety of reasons, including not paying rent, violating the lease agreement, or creating a nuisance. And the way to do that is by going to court, Gilbert said. If you are facing eviction, it is important to speak to an attorney as soon as possible. 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. In all of 2021, there were 11,956 cases filed, and so far this year there have been 6,701 eviction cases filed. The process can be complex, and it is important to have a plan. We don't often have such stark numbers to prove the disproportionate success of critical safety net programs, but we do here -despite the number of evictions filed during the pandemic, there were fewer residents displaced than before the pandemic began." Call the CCLAHD Hotline at 855-956-5763 for help or visit www.cookcountylegalaid.org for more information. Whereas, the community depends upon the Sheriff to faithfully execute his ministerial duties as an officer of the court,. How long does it take to evict a tenant? All Rights Reserved. The Countys emergency rental assistance program ranked among the most efficient in the nation, and quickly delivered much-needed relief to tenants and landlords alike. Eviction actions are not small claims proceedings. However, Cook County Landlords should be aware of new, permanent changes to the eviction process. Is the Cook County Sheriff doing evictions too aggressively, or is he simply enforcing the law? Please attach a signed pdf, or image file of the signed letter to the email. New eviction filings decreased during the pandemic eviction moratorium but have now rebounded. Cook County eviction schedule is a guide to when evictions in Cook County, Illinois, United States, can take place. A contract may be vacated on the grounds that it is procedurally and/or substantively unconscionable. There are organizations that can help you find a lawyer, and there are also lawyers who offer free or low-cost legal services. 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. Landlords who are interested in exploring their options for either Tenants who are either (a) nearing the end of their lease; or (b) month-to-month tenants should review and collect the paperwork listed below. Id., at 28. Timely rental assistance has been a key component of the Countys mission to prevent evictions during this crisis.. An agreed order is a contract governed by the principles of contract law, and questions regarding the construction, interpretation, and effect of a contract are reviewed de novo. Nearly 30,000 evictions were filed in Cook County in 2019. These links are provided as a convenience for Cook County Sheriffs E-Filing Web Site users and as an information service only. Most hearings continue to happen virtually, with the option to go to the courthouse in person. Of those, 28 have been carried out as of mid-October. . This proof of service will contain the necessary language for the fee waiver to be recorded in our office. Follow the court on Twitter@CookCntyCourt Elvia Malagns reporting on social justice and income inequality is made possible by a grant from The Chicago Community Trust. She spoke to her property manager, who denied receiving the IDPA notice in January. If the rental agreement is long, Landlords can choose to include only the portions that are relevant to their lawsuit. There are two types of dictum: judicial dictum and obiter dictum. It involves an issue briefed and argued by the parties. What paperwork do I need to file an eviction in Cook County? CCLAHD has served over 15,000 Cook County residents to date and connected many thousands more to critical resources like rental assistance. Id. Part of the Legal Professionals library, sponsored byQuilling, Selander, Lownds, Winslett & Moser. 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. Cities including Cleveland, Philadelphia, and New York City already guarantee attorneys for low-income defendants in eviction cases. The Sheriffs personnel will remove all persons ordered evicted from the premise, but will not remove personal property. Courts 72. 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. 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. The ban ended on October 3, 2021, and experts and advocates feared that a tidal wave of evictions would follow. For tenants in Cook County, eviction is a high-stakes but often-bewildering legal process. To stay enforcement of the judgment, therefore, the defendant must file a 2-1305 motion to stay by applying for a certificate . The notice must state the reason for the eviction and the date by which the rent must be paid. The court will then set a hearing date, and the tenant will have an opportunity to contest the eviction. Affidavit Supporting Documents not Attached to Eviction Complaint here. Generally, a liberal policy exists with respect to vacating defaults under section 21301(e). Wells Fargo Bank v. McCluskey, 2013 IL 115469, 16. In January 2013, she received notice that IDPA was terminating her cash assistance under the TANF Program effective the following month. Class 464 of the sheriff's training academy graduates Friday in a ceremony at East Los Angeles College. 2014 IL App (1st) 132073, 27. The case is continued for 14 days, even if the tenant does not appear. "CCLAHD met landlords and tenants at the crossroad of eviction and provided a pathway to keep families housed. (The judge also denied Ms. Kings motion to stay enforcement of the judgment for possession pending the appeal, but the appellate court subsequently granted this motion.). However, the moratorium does not apply to all types of evictions. Thus, judicial dictum has the force of a determination by a reviewing court and should receive dispositive weight in an inferior court. 14 Ill. Law and Prac. Cook County sees reduction in eviction enforcements compared to pre-pandemic years; County officials highlight legal aid and rental assistance efforts as solutionsReleased On 04/27/2022 The Cook County Sheriffs 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. In March she received a termination notice demanding the two months rent that had accrued since January. Timely rental assistance has been a key component of the Countys mission to prevent evictions during this crisis. Social Service Connector (A helpful guide to social service organizations in the Cook County Area.) 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 . Please note that these documents should be used solely as examples and that, if you choose to file an eviction case, each document you complete must be filled out with the specific information that applies to your matter. 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. A second round, launched in October 2021 with funding from the American Rescue Plan Act (ARPA), delivered an additional $66 million, this time including up to 3 months of future rent as well as compensation for related housing expenses. Eviction Complaint:standard statewide form(735 ILCS 5/9-106). From the beginning of the pandemic our number one priority has been to prevent evictions, said Rich Monocchio, HACCs Executive Director. All orders must be filed at the Sheriff's Eviction Office in room 701 of the Richard J. Daley Center . If the tenant appears, the case is usually continued for 28 days. Id. Copyright 2023 Cook County Sheriffs Office. On the return date, Ms. King went to court pro se. S. Ct. Rule 303(a)(2). "Our goal was to keep residents in their homes during the pandemic that forced many to lose work," said Commissioner Scott Britton. ILAO is a registered 501(c)(3) nonprofit organization. Cook County Judge Kenneth Wright has issued an order that prohibits the Cook County Sheriff's Eviction Unit from enforcing an Order of Possession (Eviction) from December 19, 2022, through at least January 4, 2023.