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Expiration of Illinois Eviction Judgments

Written by Kreisler-Law-PC on . Posted in Cook County Sheriff's eviction backlog, equitable grounds, eviction court, eviction law, eviction order, evictions, Illinois Code of Civil Procedure, Illinois Eviction judgments, legal grounds, statutory language

Illinois Eviction judgments can be somewhat ephemeral, in that they become unenforceable 120 days after the judgment is entered.  This can become important during Chicago winter months, when the Cook County Sheriff’s eviction backlog grows longer due to the usual year-end Holiday moratorium declared by the Sheriff and due to the fact that evictions are not performed on unusually cold or inclement days.

The period of enforcement of an eviction order which is about to expire or has expired may be extended by motion.  However, notice of that motion must be sent to the defendants and must contain specific statutory language found in section 5/9-117 of the Illinois Code of Civil Procedure.

The motion to extend will be granted by the court unless the defendant appears and establishes that the tenancy has been re-instated, that the breach upon which the judgment was based has been cured or waived, that the plaintiff and defendant entered into post-judgment agreement the terms of which the defendant has performed, or that other legal or equitable grounds exist that bar enforcement of the judgment.

Feel free to contact an experienced Illinois landlord eviction law attorney at Kreisler Law if you have questions about how to properly serve eviction notices or any other area of the laws governing landlords and tenants.

New Procedures Announced in Daley Center Eviction Cases with Jury Demand

Written by Kreisler-Law-PC on . Posted in eviction court, eviction law attorney, evictions, jury demand, jury trial, jury trial judge

Effective April, 2015, the Presiding Judge of the First Municipal District of the Circuit Court of Cook County, Illinois announced a new procedure for eviction cases where the defendant files a demand for a jury trial.

Eviction cases which are assigned to the Daley Center are initially assigned at random to one of five courtrooms which hear only non-jury cases. Under the new procedure, when a defendant files a demand for trial by jury, the case is then transferred to room 1301 on a Tuesday, Wednesday or Thursday within ten (10) days after the transfer order is entered. On the appointed day, the case is then assigned to a jury trial judge and courtroom.

All further matters in the case, including motions for discovery and for use and occupancy, are then heard by the assigned jury trial judge.

This replaces the current procedure under which jury cases were re-assigned to a single courtroom (Courtroom 1501) and all motions or other proceedings before trial were handled in Courtroom 1501. Under current practice, the case was only transferred to a jury trial judge on the date of trial

Feel free to contact an experienced Illinois landlord eviction law attorney at Kreisler Law if you have questions about the new procedure or any other area of the laws governing landlords and tenants

A Word of Caution for Illinois Landlords – “Actual Possession” Doesn’t Have its Common Sense Meaning in an Illinois Eviction

Written by Kreisler-Law-PC on . Posted in eviction court, Five Day notice, Illinois Eviction Statute, Illinois Forcible Entry and Detainer Act, Real Estate, Termination Notice

Many Illinois landlords have been surprised to learn for the first time when they appear in eviction court that the words of the Illinois Forcible Entry and Detainer Act (the Illinois Eviction Statute) and the Proof of Service sections of common printed forms of tenancy termination forms regarding Service Posting do not, in fact, have their common sense meaning.  Section 5/9-104 of the Illinois Eviction Statute and common published forms provide that notices may be served by “posting the same on the premises” under the situation where “no one is in actual possession of the premises.”

 

Using the common meaning of the terms, many Illinois landlords have concluded that if when they go to serve a Five Day or other notice on the tenant and no one is home, then they can serve the notice by simply tacking it up or “posting” the notice on the front door or entry of the premises.  They proceed to sit out the notice period and then file suit for eviction.  Only when they finally appear before the judge at trial (often five weeks or more after visiting the tenant to serve the notice) do they find out that the Eviction Statute simply does not mean what it appears to say.  Instead, they are informed by the eviction judge that the Illinois Appellate Court has held the real meaning of the Statute in that a Five Day or other termination notice may be served by posting it, only if the tenant has actually moved out.  Service by posting is not good service where the tenant has not actually moved out of the premises, but is avoiding service or is simply not home when the landlord comes to call.

 

Unfortunately, the consequence to the landlord is severe.  His suit for eviction is dismissed, and he must start again from square one, with the service of a new Notice to Terminate the Tenancy.  The only consolation to Cook County landlords is that many of the Cook County eviction judges are willing to provide, in the dismissal order, that the filing fees of a new action, based upon a newly served Termination Notice, are waived.

 

Feel free to contact an experienced Illinois landlord eviction law attorney at Kreisler Law, if you have questions about how to properly serve eviction notices or any other area of the laws governing landlords and tenants.

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