GOVENOR PRITZKER’S RESIDENTIAL STAY
• “A person or entity may not commence a residential eviction action pursuant to or arising under 735 ILCS 5/9-101 et seq. against a Covered Person unless that person poses a direct threat to the health and safety of other tenants or an immediate and severe risk to property.” (Illinois Executive Order 2020-72).
• A “covered” person includes:
o An individual who earns no more than $99,000 in annual income for the calendar year of 2020 ($198,000 if filing a joint tax return)
o An individual who is unable to make full rent payments due to COVID hardships
o An individual who is using best efforts to make timely partial payments as close to the full rent payment as possible
o An eviction would likely render the individual homeless, or force the individual to move into and live in close quarters in a new congregate or shared living setting
• Governor Pritzker has not given a date when evictions are allowed to be conducted again in his most recent Executive Order effective on 11/13/2020
• DISCLAIMER: Nothing in the executive order shall be construed as relieving any individual of the obligation to pay rent or comply with any other obligation an individual may have as part of a rent or lease agreement
• A tenant that does not attempt to make payments on their rent are not considered a “covered” person and are subject to evictions as long as they do not fall under one of the 4 categories listed above
• A person that does not make rent payments because they suffer from a hardship directly related to COVID are not subject to eviction. These hardships include but are not limited to: substantial loss of income, loss of compensable work hours or wages, and an increase in out-of-pocket expenses directly related to the COVID pandemic.
• A tenant cannot be evicted for non-payment if the eviction will render the person homeless, or force them into a shared or close-quarters living setting.
EXPERIENCED FORCIBLE ENTRY AND DETAINER ATTORNEYS
Gateville Law Firm has significant expertise handling forcible entry and detainer actions in
• DuPage County
• Will County
• Kendall County
• DeKalb County
• Grundy County
• Kendall County