Posts Tagged ‘breach’
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.