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Illinois Eviction Moratorium Extended Through October 2020

Updated on
October 6, 2020
Article written by
Attorney Kevin O'Flaherty

In this article, we will discuss the current state of Illinois eviction moratorium and other ordinances relating to evictions and Covid-19. We will answer the following questions:


  • When Does The Current Eviction Moratorium In Illinois Expire?
  • What Is The CDC’s Current Stance On Evictions?
  • What Other Protections For Chicago Tenants Exist?


When Does The Current Eviction Moratorium In Illinois Expire?


Upwards of 500,000 renters in Illinois lived with uncertainty in the first half of September as the expiration date slowly ticked towards the 17th. However, much to the frustration of landlords in the state, Pritzker stepped in and extended the eviction moratorium in Illinois to October 19, 2020. 


Executive Order 2020-55 doesn’t completely bar landlords from evicting tenants, only those who are unable to pay rent. The revised order still requires that renters uphold their contractual agreements, such as paying their rent. The moratorium also does not protect tenants that pose a direct health and safety risk to other tenants, an immediate risk to property, or those that violate any building code, health ordinance, or other regulation. The order covers all types of residential property through October 17th.


The eviction of commercial property continues to be enforceable.


What Is The CDC’s Current Stance On Evictions?


On September 4th, 2020, the United States Center For Disease Control issued a new order barring residential eviction through December 31st, 2020, as long as the tenant provides a sworn declaration stating he or she cannot pay. The form can be found on the CDC’s website. 


The CDC’s order does not protect tenants that (1) Fail to provide their landlords with a sworn declaration of their inability to pay rent, (2) engage in criminal activity on property premises, (3) threaten the health and safety of other tenants, (4) damage or pose an immediate risk to the property, (5) violate their lease (outside of being unable to pay rent), or violate a health code, health ordinance, or similar regulation, (6) fail to uphold their contractual obligations according to the lease (not including payment-related obligations).


The CDC’s order describes criminal penalties for landlords that violate its terms, however, the enforceability of such an order is likely to be challenged in the courts.


What Other Protections For Chicago Tenants Exist?


There are a number of protections for tenants under the Chicago Residential Landlord And Tenant Ordinance (RLTO), including the:


  • Chicago Right-To-Cure Amendment: If a tenant’s lease is covered under the RLTO, the tenant has a one-time right to cure nonpayment of rent up until an eviction order is entered against the tenant. This right-to-cure amendment requires the tenant to pay all money owed to the landlord, including unpaid rent, late fees according to the leasing contract, and court costs incurred by the landlord.
  • Chicago Conviction Protection Ordinance: Under the Chicago Conviction Protection Ordinance, tenants enjoy an additional seven days to pay their rent or come to an agreement with the landlord to pay what is owed in not less than 60 days, after the 5-day notice to pay rent expires. The landlord must serve the tenant with a statement of rights, along with the 5-day notice. The order also stipulates that the landlord must make a good faith attempt at negotiations for any tenant unable to pay due to Covid-19
  • Chicago Fair Notice Amendment: For tenancies 6 months to 3 years, landlords are required to give notice of a rent increase, or that they no longer intend to rent the property, at least 60 days before enacting these changes. For tenancies greater than 3 years, the landlord must give at least 120 days notice before making any changes


Landlords across all of Illinois are also now required to attach a termination notice when filing a complaint against a tenant and must attach the portion of the lease that covers the tenant’s alleged violation.


If you have any questions about landlord-tenant laws in Illinois please give our offices a call


Illinois Eviction Moratorium Extended Through October 2020
Author

Attorney Kevin O'Flaherty

Kevin O’Flaherty is a graduate of the University of Iowa and Chicago-Kent College of Law. He has experience in litigation, estate planning, bankruptcy, real estate, and comprehensive business representation.

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