Neither the Cook County Sheriff, its content providers, agencies, officials nor employees guarantee that the service will be uninterrupted or error-free. It was a cold morning at 8:15 a.m.. "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 Illinois Supreme Court Rules and Orders can be found at the below links: You acknowledge and agree that the Cook County Sheriffs Office E-Filing Web Site may contain proprietary and confidential information including trademarks, service marks and patents protected by intellectual property laws and international intellectual property treaties. S. Ct. Rule 303(a)(2). Eviction Procedure - Tenant's Guide Eviction Schedule Cancelling an Eviction To cancel an eviction, click the button below. Eviction actions are not small claims proceedings. If the tenant does not pay rent by the date specified in the notice, the landlord can file an eviction lawsuit. Landlords with a faulty or improperly served notice, must re-draft or re-serve the document to have a successful eviction case, You can find a sample Nonpayment Notice here. In Chicago and most of suburban Cook County, tenants also have a one-time pay and stay right to pay all the rent due, plus court costs, to get a dismissal. A combination of federal, county and philanthropic funds will provide ongoing financial support. Is the Cook County Sheriff doing evictions? Eviction scheduling information is available on the Cook County Sheriff's Website at www.cookcountysheriff.com. This data includes both residential and commercial evictions initiated in Cook County. The Sheriff must make the first attempt to serve the tenant. Across the top of the order Plaintiffs attorney had written the word Agreed. Ms. King signed the order, believing that it afforded her the right to preserve her tenancy by paying Plaintiff the rent demanded plus costs within the next thirty days. County officials have committed to continued support for CCLAHD beyond the COVID-19 pandemic. Under Illinois law, landlords can evict a tenant for not paying rent only after giving the tenant a written notice of eviction. ", Orders of Possession in eviction cases now also require a Verification of Non-Rental Assistance Form available at the following link: https://www.cookcountysheriff.org/eviction-update/, If your service was not served due to the COVID-19 threat or due to the Governor's and Chief Judge Evans' orders, you can file the papers again with our office by selecting FEE WAIVER and uploading the proof of service from the Cook County Sheriff's Office Civil Process Look Up for your service. 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. E-Filing has arrived at the Cook County Sheriffs Office. Nevertheless, said the judge, in 90% of the cases that are settled pursuant to the terms of an agreed order, the landlords represented by an attorney, the tenant is pro se, and the tenant doesnt understand the orders terms. You can find a sample Affidavit Supporting Documents not Attached to Eviction Complaint here. Gov. 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. 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. The suspect, 22-year-old Nicholas Joseph Gutierrez, was released . 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. This timeline is based on the average amount of time it takes for a sheriff to serve a notice of eviction, the time it takes for a hearing to be scheduled, and the time it takes for a judge to issue a ruling. 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. 10 min read. Tenants without lawyers are referred to legal aid, rental assistance, and/or court-appointed mediation. For a judgment notwithstanding the verdict. If you're a Cook County resident facing eviction or other housing-related issues, a number of organizations offer advice and legal help. The answer to this question can vary depending on the situation. 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. The safer course of action is to file a motion to stay under 735 ILCS 2-1305. If the tenant does not respond, the landlord can request a default judgment. 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 process begins when the landlord files a petition with the court, which is served on the tenant. [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. Plaintiffs sometimes use agreed orders to take advantage of unrepresented defendants. If you are facing eviction in the winter, it is important to take action quickly. 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. New eviction filings decreased during the pandemic eviction moratorium but have now rebounded. [W]e are mindful of the relative hardships at stake. If the tenant appears, the case is usually continued for 28 days. We are dedicated to providing the public with the best possible experience and service. Please attach a signed pdf, or image file of the signed letter to the email. at 25. A judgment entered by a court without jurisdiction over the parties is void and may be challenged at any time. Injustice Watch is continuing to cover eviction court and the efforts to keep Cook County residents in their homes. Id. She placed a copy of the IDPA notice in her property managers drop-box and assumed that her rent would be adjusted to $0 the following month to reflect the fact that she no longer had any income. Only when Ms. King tried to pay the rent plus costs did she learn from the property manager that she had signed what was effectively a pay and move agreement. "Obiter dictum is a comment in a judicial opinion that is unnecessary to the disposition of the case. Please pay special attention to the Illinois Supreme Court Rules regarding the filing of personal and other restricted information. Of those, 28 have been carried out as of mid-October. The Cook County Sheriff's Office has been ordered to enforce less than half as many evictions in recent months, compared to the same period in 2019 before the COVID-19 pandemic. "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. "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. 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. Within the City of Chicago, the landlord must give fair notice before raising the rent or deciding not to renew a lease 30 days for month-to-month tenants, 60 days for tenancies of six months to three years, and 120 days for more than three years. In some cases, however, evictions can take much longer. If the tenant does not contest the eviction, the court will issue a ruling in favor of the landlord. If the tenant does not comply with the date specified in the notice, the landlord can file an eviction lawsuit. Please review and comply with 735 ILCS 5/9-117 to ensure that all Orders of Possession remain enforceable. In total, over $130 million in rental assistance has been distributed by the County and hundreds of millions more has been administered by the State of Illinois and the City of Chicago to assist Cook County renters and landlords in need. 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. To learn more about future rental and mortgage assistance opportunities, please visit www.chicookilrenthelp.org. 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. Click on Evictions Schedule to view the schedule for the current day and next business day. Also of significance is the disparity in the parties' bargaining power given that [Ms. King] was not represented by an attorney and did not believe she needed one as she thought she was agreeing to pay and stay. Id. See Long v. Shorebank Dev. If youre a Cook County resident facing eviction or other housing-related issues, a number of organizations offer advice and legal help. NOTICE The Ilinois Supreme Court has issued an order requiring all forcible services to include an information flyer about rental assistance. Landlords who are interested in exploring their options for either Tenants who are either (a) nearing the end of their lease; or (b) month-to-month tenants should review and collect the paperwork listed below. Landlords should be consulting with their . Timely rental assistance has been a key component of the Countys mission to prevent evictions during this crisis. Critics argue that the sheriff is unnecessarily harsh in his approach to evictions, and that the evictions are causing widespread hardship for tenants and their families. Where a judgment is void for lack of personal jurisdiction when entered, it remains void despite subsequent submission by a party to the circuit court's jurisdiction. This is helpful for both defendants and plaintiffs in . 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. Four factors determine whether substantial justice has been achieved: Existence of meritorious defenses to the underlying action. As noted above, eviction filings stopped being accepted and enforced by the courts on March 20, 2020 due to the eviction moratorium. ###. This list is not exhaustive and may not apply to every situation. The notice must state the reason for the eviction and the date by which the tenant must comply with the lease agreement. Generally, a liberal policy exists with respect to vacating defaults under section 21301(e). Wells Fargo Bank v. McCluskey, 2013 IL 115469, 16. Sun-Times file. County officials have committed to continued support for CCLAHD beyond the COVID-19 pandemic. Id. 3d 978 (2d Dist. (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.). 2023 Chicago Volunteer Legal Services. Generally, the petition must set forth allegations supporting the existence of a meritorious claim or defense; due diligence in presenting the claim or defense to the circuit court in the original action; and due diligence in filing the section 21401 petition. Id. Corp., 182 F.3d 548 (7th Cir. In Cook County, eviction can be initiated when: Without rent control and just cause eviction laws, no reason is needed to raise rents or to refuse to renew a tenants lease. NOTICE The tenant then has the opportunity to file a response. For a case involving a lease violation, Landlords might include an, Landlords who wish to file an eviction against amonth-to-month tenant (or a tenant whose lease expired) who is current on rent should use a. The judge then stated that he would have made an exception in Ms. Kings case and granted her motion to vacate but for Plaintiffs allegations regarding loud music and Ms. Kings cousin. All Rights Reserved. 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. By January, the number of eviction cases filed each month started to surpass 2,000. Privacy Policy | Terms of Use 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. In Illinois, landlords can evict a tenant for a variety of reasons, including not paying rent, violating the lease agreement, or creating a nuisance.
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