Evictions (Forcible Entry and Detainer) Forcible Entry and Detainer Section Circuit Court of Cook County 50 West Washington Street, Suite 1404 Richard J. Daley Center Chicago, Illinois 60602 (312) 603-4864 and 4865 The Forcible Entry and Detainer Section of the Circuit Court of Cook County is a section within the First Municipal District. Users of this web site should consult with their attorney to ensure their legal rights are preserved. Settlements are usually reached through rental assistance thats paid directly to landlords, but in some cases the relationships between the residents and owners are so tense that an agreement cant be reached, Gilbert said. Landlords should be consulting with their . Now, there is a bit of a grace period. Yes, it is possible to get evicted in the winter in Chicago. For a nonpayment case, Landlords might also include a rent ledger, receipt book, or any other documents to show how much money is owed. For legal help in Cook County, visit Cook County Legal Aid for Housing & Debt.Message and data rates may apply; Terms of use. The law provided protections for tenants who were given an eviction notice because they were unable to pay their rent or other charges between March 1, 2020 through March 31, 2022, due to COVID-19-related financial distress. How long does it take to get a tenant evicted? The answer to this question is a bit complicated. Sheriffs deputies try to deliver summons in person to someone 13 years old or older at the unit. Eviction Schedule Template.xlsx Author: TLOFTON Created Date: 3/2/2023 12:19:50 PM . This eviction moratorium is done each year around this time, both for the Holidays and due to the weather conditions. The Zip codes that had the most eviction orders included communities such as South Shore, Chatham and West Woodlawn, according to a WBEZ analysis of Cook County sheriffs office data. according to the Lawyers Committee for Better Housing. If the notice of eviction is served on the sixth day of the month or later, the eviction can take place on the last day of the month. Cook County Sheriff David Clarke has been in the spotlight recently for his aggressive stance on evicting tenants. Timely rental assistance has been a key component of the Countys mission to prevent evictions during this crisis. CHICAGO (WLS) -- A Chicago homeowner who said a stranger moved into her property and won't leave is taking the woman to court. It had to balance celebration the achievement of 56 recruits graduating from the L.A. County sheriff's academy with . In the context of a typical motion to vacate a default, the plaintiff files a cause of action, the defendant fails to appear or otherwise plead, and the court ultimately enters a default judgment. Plaintiffs attorney then asked Ms. King to sign a form order. Click the link below for the County Sheriff's Office Civil Process Look Up page: https://civilprocess.ccsheriff.org. Nationally, the Aspen Institute estimated that nearly 15 million Americans were at risk of eviction in mid-2021 including tens of thousands of Cook County residents. Foreclosures have skyrocketed around the country in recent months and Dart said the number of foreclosure evictions in Cook County could more than double from the 2006 tally of 1,771. Corp., 182 F.3d 548 (7th Cir. The city of Chicago also recently launched a right-to-counsel pilot program with $8 million from the federal stimulus package. County officials point to the decline as a reflection of the effectiveness of County legal aid efforts and rental assistance on behalf of both landlords and tenants. You can find a sample Nonrenewal Notice here. Protesters calling for Gov. In terms of eviction filings, from October 2019 through March 2020 there were 13,250 eviction cases initiated in the court with a total of 3,301 enforced. If the rental agreement is long, Landlords can choose to include only the portions that are relevant to their lawsuit. If, during the trial, the court denied or reserved ruling on a motion for a directed verdict, it must be renewed post-trial. A timely-filed motion to reconsider extends the deadline for filing an appeal, but just once. In the face of an impending crisis, Cook County and community partners stood up programs and pilots focused on getting legal aid, case management and financial assistance to our residents in greatest need.. This disclaimer of liability applies to any damages or injury which may be perceived by you, the web user, to be caused by the information or services on this web site, or by using this web site. For a directed verdict. You may be able to negotiate with your landlord or file a petition to stop the eviction. Call the CCLAHD Hotline at 855-956-5763 for help or visit www.cookcountylegalaid.org for more information. From October to March, there were 1,181 eviction cases that led to a court order enforced by the Cook County sheriff's office compared to 3,301 from October 2019 to March 2020, according to the . At the height of the pandemic, experts and our partners in housing expected the worst a tsunami of evictions affecting our most vulnerable residents, said Cook County Board President Toni Preckwinkle. The E-File Portal will allow users to electronically file many types of documents with our office without the need to travel to a courthouse. Cook County Legal Aid for Housing and Debt Call hotline at 855 956 5763, Monday-Friday from 9:00 AM -4:30 PM. In Cook County, there were 3,339 eviction cases filed between March and August, according to county officials. How Many On The Border Restaurants Are There. The schedule is set out in the Cook County Sheriffs Offices Rules and Regulations Governing Service of Notices of Eviction. Mackowiac, 47, has spent the last 21 years working for the Cook County Sheriff's Officemostly in the Eviction, Levy & Warrant Unit. The groups analysis of court data had found that about 30% of cases from 2010 to 2019 resulted in an eviction court order during the first hearing, Gilbert said. This includes but is not limited to procurement or substitute goods or services; loss of use, data, or profits; or business interruption. The petition must be filed in the same proceeding in which the order or judgment was entered, but it is not a continuation of that proceeding. Evictions continue in the winter, except for around Christmas and New Years Day, or when temperatures drop below 15 degrees. And, despite it all, evictions are still happening. Any reference shall not be used for advertising or product endorsement purposes. A quick look at Fridays sectional final action. . Id. Not wanting to risk her subsidized tenancy by proceeding to trial and presenting her defenses, Ms. King decided to accept this offer. BAC Home Loans Servicing, LP v. Mitchell, 6 N.E.3d 162, 166 (2014). Additional rental assistance resources are expected to be made available for Cook County residents in the coming months as well. that there is probable cause for staying further proceedings until the order of the court on the motion. 735 ILCS 5/2-1305. This notice must be in writing, and it must specify the date by which the tenant must vacate the property. The notice must state the reason for the eviction and the date by which the tenant must comply with the lease agreement. County officials point to the decline as a reflection of the effectiveness of County legal aid efforts and rental assistance on behalf of both landlords and tenants. Injustice Watch is continuing to cover eviction court and the efforts to keep Cook County residents in their homes. This delay may cause your Order for Possession to expire prior to being executed by the Cook County Sheriff's Office. This list is not exhaustive and may not apply to every situation. I'm also a big fan of healthy eating, and I love sharing tips and recipes for healthy and delicious food. As a web user, it is your responsibility to determine the content and usefulness of information you find on other sites. If you are facing eviction, it is important to speak to an attorney as soon as possible. Freedom of Information Act Requests & Subpoenas Duces Tecum, Individual in Custody Work / Program Verification Form, Murderers and Violent Offenders Against Youth, Eviction Updates (Forms, Rental Assistance Info). Cook County eviction schedule is a guide to when evictions in Cook County, Illinois, United States, can take place. The schedule is based on the date that the notice of eviction is served. To enter a valid judgment, a court must have jurisdiction over both the subject matter and the parties. Is the Cook County Sheriff doing evictions too aggressively, or is he simply enforcing the law? If you are facing eviction, it is important to stay calm and organized. A motion to vacate an agreed order brought within thirty days after the orders entry is judged under the same standard that applies to all motions brought pursuant to 2-1301 motions. Whereas, civil law enforcement is a complex, specialized area of law, and. Moreover, under the law, there is a clear preference for disposing of issues based on the merits. If the tenant is found guilty, the court will issue an order of eviction. Id. Handing it to a person who is at least 13 years old and lives at the property; Sending via certified or registered mail with a return receipt; or. To learn more about future rental and mortgage assistance opportunities, please visit www.chicookilrenthelp.org. Eviction Complaint:standard statewide form(735 ILCS 5/9-106). Elvia Malagns reporting on social justice and income inequality is made possible by a grant from The Chicago Community Trust. The E-File Portal will allow users to electronically file many types of documents with our office without the need to travel to a courthouse. Pet issues related to evictions (A list of helpful organizations to assist with pet issues related to an eviction.) 55 ILCS 5/3-6019. Given these considerations, the trial courts decision to deny Ms. Kings motion to vacate constituted an abuse of discretion. For a judgment notwithstanding the verdict. "Cook County Legal Aid for Housing and Debt is a county wide initiative that helps residents resolve eviction, foreclosure, debt, and tax deed issues," she said. The coronavirus pandemic upended daily life starting in March 2020 and led to a moratorium in most eviction cases. The moratorium on evictions that was put in place during the COVID-19 pandemic has ended. When checking the status of your eviction, you will need to know the District Number and Sheriff's Receipt Number. Information in this disclaimer is governed by the laws of the State of Illinois. The Sheriffs personnel will then tender possession of the real property to the plaintiff or the plaintiffs representative and post a No Trespassing order on the door. Cancel Eviction Copyright 2022 Cook County Sheriff's Office. When the case was called, the parties approached the bench. A contract is substantively unconscionable if it is overly harsh or one-sided. Whereas, the community depends upon the Sheriff to faithfully execute his ministerial duties as an officer of the court,. Any dispute arising from the use of information or services provided on the Cook County Sheriffs E-Filing Web Site will be governed by the laws of the State of Illinois. The schedule is based on the date that the notice of eviction is served. A contract is procedurally unconscionable if some impropriety in the formation of the contract leave a party with no meaningful choice in the matter. . To learn more about CCLAHD programs, please visit www.cookcountylegalaid.org or call 855-956-5763. For many years, my evictions model has worked to assist individuals with vital social services and connections to resources to lessen the trauma of court-ordered evictions, but President Preckwinkles work to significantly reduce the number of evictions has been critical in disrupting the pain that eviction brings to too many residents of Cook County.. Default judgment for eviction if the tenant fails to appear again, the judge issues an eviction order. Judge typically orders a stay of the eviction to give the tenant time to move out. In contrast, from October 2021 through March 2022, there were 12,358 eviction cases initiated in the court with a total of 1,181 enforced. Data from the sheriff's office show 16 of the top 20 ZIP codes that experienced the most evictions after the pandemic began in March of 2020 were on the South and West sides of Chicago. Whether a legal proposition stated in an opinion is dictum is to be determined from a reading of the entire opinion, and if the opinion expressed on a legal question is one casually reached by the court on an issue unrelated to the essence of the controversy or based on hypothetical facts it is then obiter dictum; but, if the question involved is one of the number of legal issues presented by the facts of the particular case, the decision of the court on that question is not dictum even though it be the last ground of any decided by the court, all in support of its final conclusion. Id. The record also supports that [Ms. King] diligently attempted to notify plaintiff of her change in income and later diligently attempted to contest the [purportedly agreed] order upon realizing that the order granted plaintiff possession. Id. How long are evictions taking in Illinois? Social Service Connector A directory of social service organizations that may be useful when facing an eviction, Eviction Procedure Property Owners Guide. If the tenant appears, the case is usually continued for 28 days. You can find a sample Proof of Service of Eviction Notice here. Case sent to trial if the parties cannot reach an agreement, the judge sets a trial date. You expressly agree that use of the Cook County Sheriffs E-Filing Web Site is at your sole risk. County officials point to the decline as a reflection of the effectiveness of County legal aid efforts and rental assistance on behalf of both landlords and tenants. at 16 (citations omitted). If you are facing eviction in the winter, it is important to take action quickly. The Sheriff must make the first attempt to serve the tenant. Id. In terms of eviction filings, from October 2019 through March 2020 there were 13,250 eviction cases initiated in the court with a total of 3,301 enforced. Circuit Court of Cook County 50 West Washington Street, Suite 1404 Richard J. Daley Center Chicago, Illinois 60602 (312) 603-4864 and 4865 The Forcible ILAO's tax identification number is 20-2917133. https://www.illinoislegalaid.org/legal-information/eviction-practice-post-judgment. The suspect, 22-year-old Nicholas Joseph Gutierrez, was released . The County understood that we needed to work together to take action. She spoke to her property manager, who denied receiving the IDPA notice in January. Since the state pandemic declaration, Cook County judges have approved 48 emergency evictions. The wrong time for another loss, as the Bulls were now two games out of a play-in spot. The safer course of action is to file a motion to stay under 735 ILCS 2-1305. Sign up for our weekly newsletter to get our public service journalism emailed directly to you. in the administration of section 21401 relief is that the petition invokes the equitable powers of the circuit court, which should prevent enforcement of a default judgment when it would be unfair, unjust, or unconscionable. Smith v. Airoom, 114 Ill. 2d 209, 225 (1986). If that fails, the landlord can use a private company to deliver the summons or, with the judges permission, post a summons at the courthouse and mail a copy to the tenant. Cook County Sheriff Tom Dart Wednesday urged Gov. However, we would like to invite our customers to visit our review site, where they can leave feedback about their dining experience. The state offered a rental assistance program to pay landlords the rent due during that period for tenants who qualified . We ensured that families who had already received an eviction notice were the first to receive aid, as well as our lowest-income households. Any further rights not specifically granted herein are reserved. You can find a sample Affidavit Supporting Documents not Attached to Eviction Complaint here. It was a cold morning at 8:15 a.m.. The trial typically lasts around two weeks, and the landlord will need to provide evidence to support their case. This ordinance is designed to protect low-income residents who are at risk of being displaced as a result of gentrification or redevelopment. The Cook County Sheriff and its contributors are not responsible for the contents of any off-site pages linked from the Cook County Sheriff's E-Filing Web Site. This includes but is not limited to procurement or substitute goods or services; loss of use, data, or profits; or business interruption. However, the moratorium does not apply to all types of evictions. Find a new place within 30 to 120 days, depending on their length of residency. Notice of the petition shall be directed to the party against whom relief is sought and must be served by summons, by prepaid certified or registered mail, or by publication. Click on the following links to view instructions that will guide you throughout the case filing process: Introduction Log in and Select Language Creating an Account Access the New E-File Case Page Create New E-File Add a Service Uploading Documents to Service Requests Summary Payment Receipts Full Instruction Guide E-File Instructional Video The tenant agrees to move out often to avoid eviction. The notice must state the reason for the eviction and the date by which the rent must be paid. The city is currently working on a plan that will address this issue, and once it is finalized, the moratorium will be lifted. The record supports that [Ms. King] misunderstood the terms of the order that she signed and that this misunderstanding was reasonable given [the property managers] statements before the court proceeding and what transpired during the proceeding. Id. Note: the amount of notice a Landlord needs to give a month-to-month Tenant may depend on (a) where the property is located; and (b) how long the Tenant has lived in the property. It is also important to gather all of your documentation, including your lease and rent payments. "I am happy to see that efforts by legal services providers and volunteers, plus rental assistance, are helping to prevent evictions in Cook County and keeping people in their homes during these challenging times," said Chief Judge Timothy C. Evans. A trial courts decision to deny a motion to vacate an agreed order is reviewed under an abuse of discretion standard. So, let's take a look at the general order issued by Judge Evans . The process begins when the landlord files a petition with the court, which is served on the tenant. S. Ct. Rule 303(a)(2). All Rights Reserved. An agreed order is a contract governed by the principles of contract law, and questions regarding the construction, interpretation, and effect of a contract are reviewed de novo. The trial court erred by relying on S. Ct. Rule 286(b)which governs small claims actionsto justify its decision to consider testimony regarding allegations that were not set forth in the termination notice. 2012). The Cook County Sheriff and its content contributors shall not be held liable for the failure to file documents that do not comport with the Illinois Supreme Court Rules or Orders regarding proper forms and information to be contained in filed documents or the E-Filing of the wrong document or documents unrelated to the case being filed by you. In March she received a termination notice demanding the two months rent that had accrued since January. In response to the expected influx of eviction filings, County Officials launched a suite of programs in late 2020 and throughout 2021 aimed at addressing community housing needs. The Cook County Sheriff is a distributor of content sometimes supplied by third parties and other users. Gov. 735 ILCS 5/9-117. At the height of the pandemic, experts and our partners in housing expected the worst a tsunami of evictions affecting our most vulnerable residents, said Cook County Board President Toni Preckwinkle. A guide like this can never substitute for the advice of a lawyer. Id. Relative hardships stemming from granting or denying the motion to vacate. Additional rental assistance resources are expected to be made available for Cook County residents in the coming months as well. Please pay special attention to the Illinois Supreme Court Rules regarding the filing of personal and other restricted information. In the event that you need to cancel a scheduled eviction, you may visit the Eviction Unit (Room 701 of the Daley Center) or call (312) 603-3354. Any reference on the Cook County Sheriff's E-Filing Web Site to any specific commercial product, process, or service by trade name, trademark, manufacturer, or otherwise, is not an endorsement or recommendation. Violating the stay can be surprisingly easy. Where tenants could previously get an eviction judgment at their first court appearance, a countywide Early Resolution Program now provides an automatic continuance for renters at their first court hearing and connects them to resources including legal aid and rental assistance that could help them avoid an eviction judgment. The court will then set a hearing date, and the tenant will have an opportunity to contest the eviction. A combination of federal, county and philanthropic funds will provide ongoing financial support. . To apply for rental assistance, tenants facing eviction should contact Cook County Legal Aid for Housing and Debt as soon as they receive a court summons. You can get hooked up with an attorney who can give you advice. Plaintiffs sometimes use agreed orders to take advantage of unrepresented defendants. He argues that his office is providing a much-needed service by carrying out evictions. Thus, judicial dictum has the force of a determination by a reviewing court and should receive dispositive weight in an inferior court. 14 Ill. Law and Prac. Let's take a look at the Cook County Sheriff's eviction schedule website. She also asserted that neither Plaintiffs attorney nor the judge had explained the orders material terms to her. Therefore, the Mission of the Civil Management Bureau is to execute process of the court by: In contrast, between October 2021 and the end of March 2022, after the expiration of the moratorium, less than 10 percent of eviction filings have resulted in the court ordering the Sheriff to enforce an eviction. Earlier this year, the city of Chicago passed a new ordinance that puts a moratorium on evictions for the purpose of redevelopment. The petition may not be filed more than two years after entry of the judgment. As noted above, eviction filings stopped being accepted and enforced by the courts on March 20, 2020 due to the eviction moratorium. We don't often have such stark numbers to prove the disproportionate success of critical safety net programs, but we do here -despite the number of evictions filed during the pandemic, there were fewer residents displaced than before the pandemic began.". The programs are expected to continue, though its unclear if it will be a permanent fixture. Heres what you need to know about navigating eviction proceedings. In a word, yes but its not that simple. If the court finds in favor of the landlord, the tenant will be ordered to vacate the property. Id. However, landlords must follow specific procedures in order to lawfully evict a tenant. J.B. Pritzker declared a moratorium on evictions beginning in March 2020 as part of the states stay-at-home order designed to stop the spread of the coronavirus. The Ilinois Supreme Court has issued an order requiring all forcible services to include an information flyer about rental assistance. Ms. King lived with her two young children in a Section 8 project-based development and paid a reduced rent ($77 per month) equal to a percentage of her household income. The Countys emergency rental assistance program ranked among the most efficient in the nation, and quickly delivered much-needed relief to tenants and landlords alike. If youre a Cook County resident facing eviction or other housing-related issues, a number of organizations offer advice and legal help. But now, the first hearing is for case management and tenants are often referred to an early resolution program where attorneys help tenants reach a settlement with their landlord. The Cook County Sheriff and its content contributors shall be not held liable for any improper or incorrect use of the information or services on this web site and assume no responsibility for anyone's use of the information or services. County officials have committed to continued support for CCLAHD beyond the COVID-19 pandemic. The notice must state the reason for the eviction and the date by which the tenant must stop creating the nuisance. Zoom links for Cook County courtrooms are available online. An example is available at the following link: https://www.illinoiscourts.gov/forms/approved-forms/forms-approved-forms-circuit-court/eviction (click on "Effective September 13, 2021, all residential eviction summons must include a notice about Court-Based Rental Assistance. (The judge also denied Ms. Kings motion to stay enforcement of the judgment for possession pending the appeal, but the appellate court subsequently granted this motion.). In addition, the location of information, services or web pages may change as menus, home pages, and files are updated or reorganized. Class 464 of the sheriff's training academy graduates Friday in a ceremony at East Los Angeles College. Violation underlying initial case has been resolved or forgiven; [T]he intended purpose of a motion to reconsider is to bring to the court's attention newly discovered evidence, changes in the law, or errors in the court's previous application of existing law. Martinez v. River Park Place, 980 N.E.2d 1207, 1216 (1st Dist. It involves an issue briefed and argued by the parties. Danielle Cruz said the stranger has been living in her vacant home. Generally, a liberal policy exists with respect to vacating defaults under section 21301(e). Wells Fargo Bank v. McCluskey, 2013 IL 115469, 16. Rental Assistance (A link to information and programs for rental assistance. Landlords can evict a tenant for violating the lease agreement only after giving the tenant a written notice of eviction. A critical piece of the strategy included Cook County Legal Aid for Housing and Debt (CCLAHD), a county-wide initiative formed to help residents resolve eviction, foreclosure, consumer debt and tax deed issues. Two certified copies and two additional copies of the court order are required at the time of filing, All changes, additions to and/or deletions from the order must be initialed by the issuing judge, At the time of filing the plaintiff or the plaintiffs attorney must complete an eviction disclosure form..