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Evictions In the Time of Covid-19

With unemployment at an all-time high, tenants are unable to pay their rent. However, in the age of Covid, some of the tried and true remedies are on hold, extended or no longer available. And the rules seem to be changing daily. Multiple agencies now have been weighing in on when and how evictions should go forward.

New rules. Right now, the Governor in the state of Illinois in his disaster proclamations, has declared that no residential evictions can go forward in the state until September 22. But that date has been extended out each month since April.

Additionally, each local court and sheriff can have rules on whether eviction lawsuits can be filed, served and whether orders of possession can be entered. In Cook County, there is a moratorium until September 22 for all residential evictions. Commercial evictions can go forward.

Cities can too pass rules. Chicago had ordered that any 5-day notice served by a landlord can turn into a 12-day notice if the tenant on a resident tells the landlord in writing, via text or email, that they are having financial issues because of covid. The landlord must engage into a discussion to try to work out a payment plan.

Nationally, the CDC has also recently passed a law which can stay a landlord from evicting through the end of the year. They must provide an affidavit that they have made their best efforts to obtain government assistance, have income lower than certain thresholds, that they have made partial payments, and that they would likely become homeless among other affirmations.

All these new rules are meshing and must be reviewed before going forward. Nothing absolves a tenant from having to pay rent. Landlords have their own bills to pay. But landlords can still serve 5-day notices.

Even if a landlord can eventually file an eviction, at the end of the day, a judge can still use his or her own discretion on allowing possession.

If you are interested in either filing an eviction or fighting one, please call me to discuss it further.

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