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. The Cook County Sheriff's Office does NOT provide legal advice and any information contained herein should not be construed as such. As of 2019, an average of 60% of eviction cases in Chicago each year ended in eviction judgements, including default judgements. Evictions are generally scheduled in order of filing and are separated into geographical areas. And, despite it all, evictions are still happening. Let's take a look at the Cook County Sheriff's eviction schedule website. 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. It typically takes around two to four weeks to evict a tenant from a property, but the process can vary depending on the situation. Corp., 182 F.3d 548 (7th Cir. Steele retired all six Padres batters he faced and then headed to the bullpen to throw 25 more pitches. [W]hen a court is presented with a request to set aside a default, the overriding question is whether or not substantial justice is being done between the litigants and whether it is reasonable, under the circumstances, to compel the other party to go to trial on the merits. Although relevant, the party need not necessarily show a meritorious defense and a reasonable excuse for failing to timely assert such defense. Id. It only applies to no-fault evictions, which are evictions that are not the result of the tenant violating the lease agreement. The plaintiff or the plaintiffs representative must approach the deputies and identify himself. And the way to do that is by going to court, Gilbert said. An Illinois sheriff orders his deputies to stop evicting tenants from foreclosed properties, . Elvia Malagns reporting on social justice and income inequality is made possible by a grant from The Chicago Community Trust. On the return date, Ms. King went to court pro se. Moreover, under the law, there is a clear preference for disposing of issues based on the merits. The wrong time for another loss, as the Bulls were now two games out of a play-in spot. Personal jurisdiction may be established either by service of process in accordance with statutory requirements or by a party's voluntary submission to the court's jurisdiction. The tenant agrees to move out often to avoid eviction. A guide like this can never substitute for the advice of a lawyer. They will impose penalties on top of just restoring the status quo. This list is not exhaustive and may not apply to every situation. The court will then set a hearing date, and the tenant will have an opportunity to contest the eviction. Evictions in Cook County can take anywhere from two to four weeks. Judicial dictum refers to a remark or opinion upon a point argued by counsel and deliberately passed upon by the court, though not essential to the disposition of the case. You can find a sample Proof of Service of Eviction Notice here. NOTICE Affidavit about how the Tenants behavior violates the Lease, Illinois Legal Aid Onlines article on Common eviction defenses., please review the Cook County Residential Tenant Landlord Ordinance, the Chicago Residential Landlord and Tenant Ordinance, Evanstons Residential Landlord and Tenant Ordinance, the Village's Tenant and Landlord's Rights, the Oak Park Residential Tenant and Landlord Ordinance, additional information about this study (including how to sign up) on the American Bar Foundations website, Unless the lease (or a local ordinance) gives more time, this is typically a 5-Day , Handing it to a person who is at least 13 years old. If the eviction order is not enforced within 120 days, the plaintiff must file a motion to extend the period for enforcement. 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. A contract may be vacated on the grounds that it is procedurally and/or substantively unconscionable. In January 2013, she received notice that IDPA was terminating her cash assistance under the TANF Program effective the following month. Therefore, the Mission of the Civil Management Bureau is to execute process of the court by: Evictions continue in the winter, except for around Christmas and New Years Day, or when temperatures drop below 15 degrees. Well, the purpose of the moratorium is to give the city time to come up with a plan to protect low-income residents from being displaced. The Cook County Sheriff has published a guide for Landlords on eviction procedures, and this is certain to be modified shortly. 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. If the rental agreement is long, Landlords can choose to include only the portions that are relevant to their lawsuit. [A] motion filed in apt time stays enforcement of the judgment. They can enforce an eviction order they already got, but can't try to get one without lifting the stay. ###. The schedule is based on the date that the notice of eviction is served. Any reference shall not be used for advertising or product endorsement purposes. Violating the stay can be surprisingly easy. Landlords with legal questions can consult with an attorneyfor free throughCook County Legal Aid for Housing and Debt (CCLAHD). Cook County Legal Aid for Housing and Debt. 2023 Chicago Volunteer Legal Services. She also asserted that neither Plaintiffs attorney nor the judge had explained the orders material terms to her. 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. 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. Cook County Sheriff David Clarke has been in the spotlight recently for his aggressive stance on evicting tenants. So, for example, if the landlord wants to evict the tenant because the tenant is not paying rent, that would be a fault eviction, and the moratorium would not apply. However, Cook County Landlords should be aware of new, permanent changes to the eviction process. Click on "Evictions Schedule" to view the schedule for the current day and next business day. Otherwise, it is waived. They argue that the sheriff should be working to help tenants stay in their homes, rather than forcing them out. S. Ct. Rule 105. 3d 978 (2d Dist. Landlords who are interested in exploring their options for Tenants who have violated their lease in some way other than non-payment should review and collect the paperwork listed below. 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 order, however, did not reflect Ms. Kings understanding of the agreement. Motion must be filed within 30 days after judgment735 ILCS 5/2-1202(c), A timely-filed motion stays enforcement of the judgment735 ILCS 5/2-1202(d), A timely-filed motion also extends the deadline for filing an appeal, but just once. Of those, 28 have been carried out as of mid-October. If the tenant appears, the case is usually continued for 28 days. 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. that there is probable cause for staying further proceedings until the order of the court on the motion. 735 ILCS 5/2-1305.. A proceeding under section 21401 is initiated by the filing of a petition supported by affidavit or other appropriate showing as to matters not of record. Paul v. Gerald Adelman & Assoc., 223 Ill. 2d 85, 94 (2006) (citation omitted). In March, there were 2,500 evictions filed in the Circuit Court of Cook County, which was the first time the court processed that many cases since January 2020, according to figures released from Cook County. Sheriff's officers, along with a social. In exercising its discretion, the court balances the severity of the penalty and the attendant hardship on the plaintiff if required to proceed to a trial on the merits. Id. 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. As of July 31, more than 16,000 evictions had been filed in Cook County this year. A second round, launched in October 2021 with funding from the American Rescue Plan Act (ARPA), delivered an additional $66 million, this time including up to 3 months of future rent as well as compensation for related housing expenses. Affidavit Supporting Documents not Attached to Eviction Complaint here. Judicial dictum, unlike obiter dictum, is generally entitled to weight and should be followed unless found to be erroneous. Plaintiff did not respond to this motion in writing, so there were no counter-affidavits. At the second hearing in an eviction case, there are a few possible outcomes: Most eviction cases in Cook County are heard by judges; requests for a jury trial should be filed before the second court date. Whereas, civil law enforcement is a complex, specialized area of law, and. Severity of the penalty resulting from the order or judgment. Is the Cook County Sheriff doing evictions too aggressively, or is he simply enforcing the law? Injustice Watch is a nonpartisan, nonprofit journalism organization that conducts in-depth research exposing institutional failures that obstruct justice and equality. 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