Eviction

Cook County cancels evictions for the week of January 5, 2015

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cancelweek2015Bad weather cancels Cook Co. evictions this week

As I wrote about yesterday, the weather outside is frightful.  And when the weather gets frightful, the circuit court’s general order tends to turn off the eviction spigot.  And in response, the Sheriff has updated his website.  If you look at yesterday’s post, you will see that the Sheriff’s website indicated that “pursuant to court order, all residential real estate evictions shall cease effective 12-18-14 thru 1-5-15”.  That has been replaced with the following (see highlighted area):

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How to kick out a tenant in Cook County Illinois

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throwWarning, this is a “perspective” post for landlords!  A Chicago landlord and prospective client called me the other day and said he wanted to kick his tenant out.  Being the helpful landlord-tenant attorney I am, I began to discuss the Illinois eviction process.  I started to tell him about how he needs to serve a notice of termination of tenancy and the procedures to evict in the Circuit Court of Cook County.  He stopped me.  He said he wanted to kick the tenant out, literally.  Then, I had to stop him.

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Cook County Holiday / December / Winter Eviction Moratorium Starts Soon

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mora2Update: look here for information on the 2014-2015 winter moratorium

It is that time of year when Christmas is in the air and tenants across Cook County get a respite from eviction in the form of an eviction moratorium.  On December 12, 2013, the Circuit Court of Cook County entered general order 2013-07 effectively stopping the Cook County Sheriff from enforcing eviction possession orders.  The Sheriff of Cook County has been ordered to cease the execution of orders for possession beginning on December 16, 2013 (they don’t evict on weekends, so really, tenants who are not evicted by December 13 will be unaffected until the moratorium ends) and to resume evictions effective January 3, 2014 (a Friday, so, again, there really are no evictions until January 6, 2014). 

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Cook County Eviction Agreed Order Form Becoming More Common

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orderIn recent months, the judges in the Forcible Entry and Detainer Department of the First District of the Circuit Court of Cook County have begun suggesting, more and more, that parties before them use the “new” form “Agreed Settlement Order”.  The form, which has been around since early 2013, provides a quicker and easier way to begin a settlement order with a tenant in a Cook County eviction case.

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Tenant Evictions are in full swing in Illinois

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evhouFor our office, the beginning of the “eviction” season started out a bit slow (it is not a bad thing that landlords are, hopefully, collecting rent and doing better screening so that we do less evictions!).  However, for us, things in the eviction courts are starting to heat up.  I am predicting, based only on anecdotal evidence from my office’s caseload and a few of my attorney friends, that the eviction lawyers, judges, and courts in Cook County will be busily processing forcible entry and detainer cases in the next 60 days and that, if the fall/winter weather is uncooperative, this will lead to a major backlog in eviction case enforcement early in 2014.

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Cook County orders 2012 winter eviction moratorium

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mora

For information on the 2013-2014 moratorium, click here!

In the spirit of the holiday season (or at least so they don’t look like the Grinch), the Circuit Court of Cook County generally provides tenants with an early Christmas present at this time of year.  Presiding Judge E. Kenneth Wright, Jr. has entered General Order 2012-04 ordering the annual Cook County shut down of the Cook County Sheriff’s enforcement of eviction orders.  Per the general order, the Sheriff of Cook County has been ordered to cease the execution of orders for possession beginning today, December 17, 2012 and to resume evictions effective January 2, 2013.  For landlords, this is a little lump of coal.  It means that eviction orders are stayed from enforcement and no tenants will be forcibly evicted or removed from their properties for just over a two week period from now into the new year.

The order goes on to direct

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