Sheriff

Cook County Sheriff Sending Emails for Scheduled Evictions!

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emailnoticeGood news for Cook County landlords.  It looks like evictions are finally scheduled to take place again beginning on January 13, 2014.

In addition, the Sheriff seems to have a new method of notifying landlords of impending eviction enforcement.  I recently received notice via email from the Cook County Sheriff that an eviction was scheduled for execution.  In the good old days, you checked the website and received a telephone call from the Sheriff’s office letting you know when and where you need to be for the eviction.  Looks like Sheriff Dart is making advances in getting the word out electronically for scheduled Cook County evictions. 

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Brrrr… looks like Cook County eviction enforcement won’t resume today

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UPDATE:  This was originally posted on January 6, but as of January 9, 2014, it looks like things are still not on track for evictions tomorrow.  As I understand it, weather permitting, evictions will begin again on January 13, 2014. Bone chilling cold appears responsible for an additional delay in the resumption of evictions by … Read more

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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How not to evict tenants in Chicago

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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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After the Illinois eviction trial

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oldschoolHypothetical: A Chicago landlord pays an attorney to draft a 5 day notice. The landlord pays a process server to serve the notice. The tenant does not pay, so the landlord pays an attorney to draft a complaint, pays a filing fee to the Circuit Court, and pays service fees to the Cook County Sheriff.  The Sheriff is unsuccessful in delivering the summons, so the landlord pays the attorney to go to court to have a process server appointed and pays a process server to serve a summons on the tenant. The tenant is served and the landlord pays an attorney to go to court for an eviction trial. The landlord prevails at the eviction trial and is granted an order for possession. The landlord tells the attorney “I’m going home to change the locks on the place”.

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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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What happens after getting an order for possession?

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moving day for evicted tenantsSo, the landlord has served a notice, waited the notice period, filed a lawsuit, went to court, and had a trial.  At the end of the trial, the court awarded the plaintiff-landlord an “order for possession”.  The order for possession is a court order granting possession of the real estate that is the subject of the forcible entry and detainer lawsuit back to the landlord.  It means the landlord “won” the case and is entitled to recover possession of his real property.

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