How not to evict tenants in Chicago

badappleNews agencies across the City of Chicago are reporting that Cook County Sheriff Tom Dart is calling for a local property management company to stop serving illegal eviction notices.  (This story has a copy of the purported notice which is obviously not a notice from the Sheriff)  A number of Chicago aldermen and the Chicago Anti-Eviction campaign are also protesting the company along with Sheriff Dart.  The reports indicate that Dart alleges that the property management company is serving notices informing tenants that foreclosure proceedings are underway, that the tenants must vacate immediately, and that the Sheriff will be out soon to evict the tenants.

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When will Cook County Sheriff’s case load return to normal?

I am working on an eviction case right now that needed to be placed with the Cook County Sheriff for execution.  The attorney who went to the Sheriff’s office to place it spoke to someone at the desk there (I know, hearsay) who informed him that the Sheriff is running at about a ten week minimum time to get out to evict the defendant in the case.  Ten weeks is a long time.  Unfortunately,

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What is a “forcible entry and detainer” in Illinois?

State of IllinoisUnder the “common law”, it was lawful for a landlord “with force and arms” to retake possession of real estate and retain such possession by force from a tenant who failed to pay rent or breached a lease.  “Self-help” such as this was prohibited by statute in the Illinois Forcible Entry and Detainer Act.

The Illinois Forcible Entry and Detainer Act, at 735 ILCS 5/9-101 provides:

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