Eviction Moratorium Extension a Boon to Landlords?

August 24, 2020 by Richard Magnone

Governor Drops a Big Hint

As discussed here last week, over the weekend, by way of Executive Order 2020-52, Governor Pritzker has extend the moratorium on commencement and execution of certain evictions until September 19, 2020. I will not bother to opine on how this policy decision will negatively impact landlords nor the hopeless unfairness of this policy to small and large housing providers. I will say that there might be one small glimmer of hope contained in the language of the executive order. First, the language extending the order:

Chicago FINALLY makes text of Covid-19 Eviction Moratorium Public

June 19, 2020 by Richard Magnone

Took them long enough! (Now, where is the Covid-19 Notice the City Requires?)

Finally, the people at the City Clerk’s office have made available to the public the official text of the freshly passed into law Chicago Covid-19 Eviction Moratorium ordinance. As discussed on this blog, the new ordinance requires a 7 day negotiating period after a landlord serves a 5 day notice (or any other notice for non-payment of rent) if a tenant notifies the landlord that the tenant experienced a Covid-19 impact.

The full text of the ordinance can be found here. Some language (but not the official form) for the notice has been released

Details of Mayor Lightfoot’s Chicago Eviction Moratorium

June 15, 2020 by Richard Magnone

UPDATE: the City has released the official text of the ordinance

The Mayor asked you landlords to give tenants some grace. She is now imposing grace upon you. So much for your housing solidarity pledge. Apparently, you landlords can’t be trusted to give grace voluntarily. The City of Chicago Housing Committee met this afternoon (6/15/2020) and after about three hours of debate, passed the Mayor’s Covid-19 “Eviction Protection Ordinance” on to the full City Council for a vote on Wednesday, June 17, 2020 at 10am. This is a new Chicago ordinance that will apply to residential (not commercial) properties. We have what we think is an early copy of the law. So, based on that, let’s take a dive into what is likely to pass into law on Wednesday (6/17/2020).

Pritzker signs law to protect illegal immigrants

August 23, 2019 by Richard Magnone

Legislation Prohibits Landlords from Reporting Illegal Immigrants

It was President Barak Obama who said that elections have consequences. I don’t get political on this page, but I do talk about policy and you can’t talk about policy without recognizing how politics can sometimes play into the development of a policy. In a move that may have more to do with politicizing the tug of war between “red states” and “blue states” or those who wish to “resist” the immigration policies of President Donald Trump, Illinois became the second state in the nation (the other state is California) to pass legislation that seeks to protect tenants based upon their immigration or citizenship status. According to the Chicago Tribune, Governor Pritzker said “he wants Illinois to stand as a firewall against a xenophobic president who is creating a climate of fear”.

Eviction Notice Affidavit of Service

September 6, 2018 by Richard Magnone

The Affidavit of Service – Don’t Do It! (until after service is made)

The most common problem I encounter lately with Illinois landlords who serve eviction notices is that they don’t understand how to properly sign the form that they serve on their tenant. This misunderstanding can lead to costly delays in that a landlord might have to re-serve a notice or worse yet, might have an eviction case thrown out of court because of a faulty notice. Let’s take a look

4 Mistakes Landlords Make with the 5 Day Notice

December 6, 2016 by Richard Magnone

Don’t make these mistakes with the 5 Day Notice

The five day notice for non-payment of rent (by the way, it is 10 days in Evanston, thank you very much) – it’s that “simple” little notice that is the beginning of many eviction cases. And boy can it mess up an Illinois eviction lawsuit if it is done wrong! Section 9-209 of the Illinois Forcible Entry and Detainer Act governs the “demand for rent” that must be provided in an action for possession. Most versions of the 5 day notice form that float around are pretty simple. However, many landlords and even some of their agents (who should know better) mess up the form with regularity. And, if the notice is wrong, the eviction case is unlikely to succeed.

Here at Reda | Ciprian | Magnone, LLC,

Certified mail service of eviction notices in Cook County?

March 20, 2014 by Richard Magnone

A new case interpreting the Forcible Entry and Detainer Act demonstrates the difference between condominium and landlord evictions

The First District Appellate Court has just published an opinion to Courts of Northbrook Condominium Ass’n v. Bhutani which highlights a major difference between condominium association evictions and traditional tenant eviction cases under the Illinois Forcible Entry and Detainer Act. The Northbrook case involves a condominium association eviction under the forcible entry and detainer statute. Landlords might be interested to know that it is not just they who can take advantage of the Forcible Entry and Detainer Statute to recover possession to land. Condominium associations have a separate right under the FED to file an eviction to collect past due assessments or to obtain possession of real estate owned by a delinquent condominium owner.

Acceptance of rent after expiration of 5 day notice

January 7, 2013 by Richard Magnone

I recently received a question from a reader of this blog about the acceptance of rent after the expiration of a five day notice outside of Chicago. The question was as follows:

I accepted full payment after the five days. Did i waive my right to sue for possession? My unit is in Elmwood Park. – David

Read more

Notice of Intent Not to Renew under the CRLTO – when a 30 day notice becomes a 60 day notice

October 2, 2012 by Richard Magnone

UPDATE: A new version of 5-12-130(j) has passed the City Council. This article is no longer timely. As Chicago landlord-tenant attorneys, one situation that we frequently run into is when a Chicago landlord is forced to serve a sixty (60) day notice to terminate tenancy instead of a thirty (30) day notice. This situation arises when the CRLTO applies and the tenant’s lease term has expired without the landlord serving a proper notice of intent not to renew. Many Chicago landlord’s incorrectly believe that once a lease term expires, that is the end of the tenancy. This is not so.

What is the best time to serve a notice for nonpayment of rent?

April 24, 2012 by Richard Magnone

A tenant is late with the monthly rent. It is nearing the end of the month. Should the landlord wait until the rent for the next month, which is due in just a few days, is also late before serving a notice for nonpayment of rent? No way. It is best to serve the notice sooner rather than later. Why?