Blog

By: John Elias

One of the most common misunderstandings heard during the pandemic was that housing providers in Illinois could not evict anyone. The public misunderstood what was and was not allowed.

In the beginning of the pandemic, that statement was true. However, evictions were eventually allowed to proceed under narrow exceptions. Currently, the eviction moratorium in Illinois, under both federal and state authority, has expired. Additionally, all local municipalities, such as Chicago, which had extended eviction protections beyond the state and federal deadlines, have also expired.

Having all the eviction moratorium restrictions expire is great news for housing providers. But what does that mean moving forward?

The eviction process may not have the arbitrary rules and confusing directives of the pandemic, but there has been a fundamental change in how the courts process evictions post moratorium: from new filing requirements to the use of mediation and alternative dispute resolution services to the availability of rental assistance programs. With the additional requirements, property owners should expect the process to take longer.

Across the board, from county to county, the eviction process has additional steps, safeguards, and standardizations. It is best for the housing provider to account for these additional matters when making the decision of whether or not to file for an eviction.

Housing providers also need to be aware of new laws that have been enacted during the pandemic, such as the Cook County Residential Tenant Landlord Ordinance and the Fair Notice Ordinance.

These county and city ordinances determine the length and the timing of notices to terminate month-to-month tenancies, the amount of notice required to increase the monthly rental rate charged as well as when you may deliver a notice of non-renewal of the tenancy.

If you have questions or concerns regarding eviction, contact Gardi, Haught, Fischer & Bhosale Ltd. for help.

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