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Posted on: December 28, 2020

Eviction Moratorium Update

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To:        Cook County Residential Landlords 

 

From:    Michael Stone -- Legal Director, Center for Disability & Elder Law

 

Date:     December 21, 2020 

 

Re:        Eviction Rights – December 2020 Update 

 

Illinois Governor J. B. Pritzker recently updated requirements to evict tenants from residential properties.  

 

Since March there has been an eviction moratorium in Illinois. On December 11, 2020, Governor Pritzker issued a new Executive Order allowing certain evictions to proceed.  This new order is set to expire January 9, 2021.  It is unknown whether this new order will be renewed or changed after that date. The nationwide eviction moratorium, first enacted by the Centers for Disease Control and Prevention in September, is expected to be extended until the end of January 2021 if the second proposed stimulus package in signed into law. 

 

Evictions for non-payment of rent 

Evictions for non-payment of rent must meet the following conditions:

 

  • Landlord must give proper notice to each tenant or resident in the form of a “Declaration” Form that allows the tenant to claim that COVID-19 has impacted their ability to pay rent.  The Declaration Form must be given to each tenant or resident at least five days before the delivery of an eviction notice or otherwise beginning the eviction process.  A sample Declaration Form is on the CDEL website.  Landlords are strongly urged to retain proof that the form was given to each tenant and resident in the manner required by law.

 

  • If the tenant returns the completed Declaration Form to the landlord, landlord will not be able to file an eviction until further notice, unless the tenant is a direct threat to the health and safety of other tenants or an immediate and severe risk to property

 

  • If the tenant does not return the completed Declaration Form, then the landlord may begin the eviction process.  However, an eviction will not be ENFORCED unless the tenant is direct threat to the health and safety of other tenants or an immediate and severe risk to property

 

  • In all cases, the tenant will still be liable for payment of rent.

 

Evictions for reasons other than non-payment of rent 


For all other reasons:

  • Tenants may be evicted only if they pose a direct threat to the health and safety of other tenants or an immediate and severe risk to property.  If the tenant poses such a risk, the landlord is not required to deliver the Declaration Form and may begin the eviction process.

 

  • If a tenant does not owe unpaid rent and does not pose such a health or safety risk, then the eviction process may not begin. 

 

Evictions are further impacted by orders issued by County courts including the Cook County courts.  Currently, Cook County court orders prohibit enforcement of evictions by the County Sheriff.

 

Additional tenant protections apply only to residential rental properties in the City of Chicago. To learn more about these additional protections, please contact the Center for Disability & Elder Law

Tenant Declaration Form Overview
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