Changes to Illinois Eviction Complaints
UPDATE: see here
The Supreme Court Commission on Access to Justice, by way of proposal18-03 (UPDATE: the proposal language is no longer available and merely shows as withdrawn). is proposing a new supreme court rule that would change the basics of an eviction complaint throughout the state. The rule is set to be heard by the rules committee on March 26, 2018. Continue reading
I just saw a story in the Chicago Tribune indicating that the Cook County Sheriff “this week” enforced an eviction order entered on December 15, 2017 against a Logan Square health club. Doing some quick math, that’s about an 11 week delay between the order and enforcement. As I mentioned in my last post, this is unscientific and every case is different, but it gives a general idea of how things are running right now. The good news is that the 10 day forecast still looks like everything will be above the Sheriff’s cut off temperature.
Periodically, I like to do a little anecdotal sample of cases to see where the Sheriff is running when it comes to Cook County evictions. Based on a VERY unscientific poll, it seems that evictions from early December are now being processed. That means we have about a 12 week backlog in the system. Keep in mind that we had a few weeks there (on top of the moratorium) where the weather was just so cold that there were no evictions at all. Remember, your mileage may vary and past performance is no guarantee of future results! Good luck out there landlords. Hopefully the mild weather forecast for the next 10 days will allow the Sheriff to catch up on some of that backlog.
New Eviction Form Released
Back in September, I wrote about changes made to the
Forcible Entry and Detainer Eviction Act. The gist of the changes was to get rid of the words “Forcible Entry and Detainer” and replace them with “Eviction” and to create a “standardized” eviction order. The law went into effect on January 1, 2018 and the state-standardized Eviction Order (known as form E-O 3500-2 in Cook County) is now available in courtrooms and online. The form is radically different than the Order for Possession form that many Chicagoland landlords may be used to. Let’s take a closer look. Continue reading
For all leases governed by the Chicago Residential Landlord and Tenant Ordinance (RLTO), Section 5-12-170 requires that a landlord attach a summary of the ordinance and an interest rate summary to the lease. The City of Chicago has finally released the summary that includes the 2018 security deposit interest rate. The summary contains an English language and Spanish translation and BOTH must be given to the tenant regardless of the language used in the lease and whether or not the landlord collects a security deposit!
Well, better late than never, the Illinois Department of Financial and Professional Regulation, Division of Banking today (1/8/18) released the new interest rate for security deposits governed by the Illinois Security Deposit Interest Act. That rate is Continue reading
On January 3, 2018, NBC Channel 5 reported that the City of Chicago Building Department is taking landlords to court during this cold snap. The report indicates that the Department of Buildings has received over 600 heat complaints. City building inspectors are going out in response to 311 calls. For those landlords who are not in compliance with the City’s heat ordinance, the City is bringing court actions to appoint receivers to run the buildings and provide the heat tenants are entitled to receive. Continue reading
Posted in Building Code
The Illinois Security Deposit Return Act has been amended by Public Act 100-0269, effective January 1, 2018. Some of the amendments are small, like changing the words “rental property” to “rental premises”. Other changes are more substantive and align the law more with the requirements of the Chicago and Evanston ordinances. The Illinois Security Deposit Return Act applies to a landlord of residential property containing five or more units who holds a security deposit. So what’s of substance in the new change? Continue reading
It has not yet been dubbed a polar vortex, but whether it is a “bomb cyclone”, “polar vortex”, or arctic air mass, one thing is certain, it is COLD! Despite the end of the scheduled holiday moratorium on eviction enforcement in Cook County, with temperatures expected to be below 15 through the weekend, the Sheriff is not evicting this week. Continue reading
The more things change…
The City of Chicago holds the interest rate steady for a fourth year at .01%.
If any Chicago landlords governed by the CRLTO are still taking security deposits, this is the rate of interest that must be paid. Don’t forget to attach the security deposit interest rate disclosure to the rental agreement even if there is no deposit!