Quick Update: Moratorium Ends

sherbackGood news for landlords.  The winter eviction moratorium is over.  The Cook County Sheriff began evicting tenants again today.  Landlords waiting to find out when their order for possession will be enforced can find the schedule for evictions on the Sheriff’s website.

While it is true that no tenants were evicted for about the past nineteen days, the weather has held up pretty well so far, so I expect that, barring a bad weather pattern, this winter’s evictions should proceed only with a small delay.

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9 Responses to Quick Update: Moratorium Ends

  1. gene says:

    We have a tenant who refuses to get out and the court has let her have four continuences and her next date for TRIAL is 1/11/2013 . If i get a order of possession how long should i expect the sheriff to evict .She hasn’t paid in over 6 months and doesn’t seemed worried .

    • Richard Magnone says:

      Your story is not uncommon. Keep in mind that the court will “stay” or “put on hold” the enforcement of the court order for at least one week (maybe more) before you can even place the order with the Sheriff.

      Right now, we are waiting to see the effect of the winter break on a Sheriff’s eviction. Keep in mind that no one was evicted for about 17 days during Christmas and the new year, so I can’t say with any certainty how long it will take, but my guess is that it will take at least six weeks and possibly longer. Of course, that’s just a straight out guess and the Sheriff could surprise.

  2. Penko says:

    Hi Richard,

    You answered a question of mine recently, but I have another one. I placed an order for possession with the Sheriff on 11/26/12, but the tenant refuses to leave, and it doesn’t seem the Sheriff is in any hurry.
    My question is: can I file in small claims now (she hasn’t paid for 4 months), or do I have to wait until she’s kicked out?

    Thanks!

  3. Ernest Norrman says:

    What!?! Winter moratorium over?! The first week in January?! The winter is just now picking up steam, so to speak. Temperatures in the 20’s, wind chills in the teens. Sure, there will be some warmer days. But what is the purpose of a winter moratorium? These people (you people?) make Scrooge look like Mother Teresa.

    • Richard Magnone says:

      17 days with no evictions. No evictions when it snows or sleets badly. No evictions when it is below 15 degrees.

      The landlord’s bank still requires payment in the winter. Landlord’s don’t get to skip a mortgage, tax, insurance, or maintenance payment because it is winter.

      • SJ says:

        Looks like it’s getting cold again. Does this delay the sherriff? I know you said that no evictions when it snows or sleets, but if the overnight temp is 5 degrees, does that delay it more?

        • Richard Magnone says:

          You can check the Sheriff’s website daily to see if evictions are “on” or “off” for the day. Lately, he has been enforcing evictions.

  4. SJ says:

    In follow up to the eviction process…if I get an order of possession, can the tenant get an extension of this order? The order I have says I can file in 7 days which is 2/1/13. I don’t want this to drag on longer but it seems the tenant might try to delay it. Thanks.

    • Richard Magnone says:

      There are a number of post-judgment motions a tenant can bring (even after the eviction is placed with the Sheriff but is not yet enforced) that can delay the Sheriff’s enforcement.

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