COOK COUNTY EVICTIONS

Presented August 8, 2010
Celebration of Real Estate Investor Knowledge (CREIK)
By BARRY KREISLER
www.kreislerlaw.com
(773) 394-6400

Types of Eviction Notices

• “30 day” Notice – Termination of Tenancy
• 10 day Notice- violation of lease term or condition
• 5 day Notice – nonpayment of rent
• Note for nonresidential tenancies and residential tenancies outside Chicago and Evanston, lease may waive requirement of 5 day notice

In Chicago residential property, 30 day advance Notice to tenant of refusal to renew lease

Consequence of failure to serve is to create a 60 day tenancy

Service of Eviction Notice

1)Posting – virtually useless

2)Certified or Registered Mail – probably only usable in unlikely event tenant actually signs the post office receipt

3)Substitute Service

a)Usual Place of Abode

b)13 or older

c)Personal Service

d)Initiation of Suit

e)Straight Possession v Joint Action

f)Most Cook County actions filed and prosecuted in Daley Center

g)Motion for Change of Venue

h)Summons must be served at least seven (7) days before trial date

i)Who must be served

j)Unknown Occupants

4)Summons Service

a)Sheriff Original Service

b)Sheriff Alias Summons

c)Special Process Server

i)Motion to Appoint

d)Service by Posting

i)Diligence Requirement

5)Initial Trial Date

a)Continuance for Attorney

b)Effect of Jury Demand

c)Affirmative Defenses and Counterclaims

d)Motion for Discovery

i)Interrogatories

ii)Notice to Produce

iii)Deposition

iv)Request to Admit

e)DWP (fee to Reinstate)

6)If Jury Trial Requested

a)May be waived in nonresidential lease

b)Courtroom 1404

c)One week to Status

d)Motion for U & O

e)Subsequent Status Dates and U & O Hearing

7)Affirmative Defenses and Counterclaims

a)Must Be Germane to the issue of Possession

b)Retaliatory Eviction – both State law and Chicago RLTO

c)Unlawful discrimination

d)Improper Notice

e)No Rent Owed

f)Rent tendered within 5 day notice period

g)Habitability – failure to maintain residential premises in accordance with  law, which rendered rental value to have been reduced by an amount at least equal to the claimed rent – not applicable to non-residential property under separate covenant doctrine

h)Violations of Chicago RLTO

i)Security Deposit Violations

(1)Commingling

(2)Failure to pay interest within 30 days end of year

(3)Failure to give receipt

ii)Interference with Tenancy

iii)Retaliatory Conduct

iv)Rental Agreement Violations

(1)Late fee > $10 + 5% monthly rent > $500

v)Failure to attach copy of a summary of Chicago RLTO

vi)Award of attorney fees to successful counter-plaintiff

8)Use and Occupancy Motion

a)Meaning

b)General Rules

c)Enforcement

9)Judgment

a)If service by posting, only in rem

b)If personal service, can obtain money judgment

c)Eviction order enforcement expires after 90 days, unless extended by specific court order

d)Stay of enforcement

e)Post judgment U & O order

10)Post trial motions

a)If timely filed, stays enforcement while pending

b)Can challenge judgment

c)Can seek extended stay of enforcement

11)Enforcement of Eviction

a)Initial eviction procedure

i)2 certified copies of order + 2 additional copies

ii)$60.50 fee

iii)Eviction disclosure form

iv)Sheriff’s backlog in enforcement

v)Possible cancellation for inclement weather, during holiday season

b)Day of eviction