New Illinois Eviction Law Helps Both Tenants and Landlords

Il eviction attorney, IL eviction laws, IL real estate lawyerThe COVID-19 outbreak across the U.S. has left many Americans wondering how they will make rent payments and what will happen if they are unable to do so. For the past few months, a residential eviction moratorium has been in place, restricting residential tenants from being evicted due to late rent payments. This moratorium has been extended on multiple occasions, but is intended to conclude at the end of July. A new state grant program is beginning in August to provide financial assistance to those who are struggling to make rent payments, yet this may not be enough for many Illinois residents to stay afloat for long.

In mid-July, the Illinois Supreme Court adopted a new rule for eviction proceedings that will go into effect immediately. Whether it is in response to COVID-19’s effect on renters or was a longtime coming, new Rule 139 requires aims to better inform all parties involved in eviction cases.

Rule 139

The eviction process is not as immediate as many may think — a number of notices are required and it can take time for the court to address the eviction request. Rule 139 does not quicken up the eviction process, but it better informs the renter and court about the details of the landlord’s eviction request and case against their tenant. Moving forward, all eviction complaints must include a copy of the written eviction notice and relevant portions of the lease agreement where applicable.

The Illinois Supreme Court has released standardized forms for use by the landlord in place of the eviction notice or demand, in addition to the use of an affidavit for landlords that do not have a lease or written lease agreement. It is now required for the landlord to include the attachment of demands, termination notices, proof of service of the demands and notices, and relevant portions of the lease agreement when filing the eviction complaint.

These new requirements provide tenants with the relevant information for their case without having to wait for the trial or discovery to be informed about the allegations being made against them. This will allow tenants to find a reputable attorney who can represent their case well in advance of the court date. They will also have additional time to formulate their defense strategy against the eviction. Being able to reference the exact terms of the leasing agreement that have not been followed will also allow judges to give a more well-informed and timely response to the eviction case.

Contact a DuPage County Residential Real Estate Lawyer

Receiving an eviction notice can send anyone into a mental state of panic and uncertainty. In order to better clarify the reasons behind any eviction notices, the Illinois Supreme Court has required more information to be readily available to tenants facing possible eviction. The legal team at Stock, Carlson, Oldfield & McGrath, LLC remain in-tune to any legal updates regarding Illinois real estate and their attention to detail can help you be well-prepared for your case. Eviction notices should be taken seriously and you should search for a reputable attorney from the first notice received. Contact a Wheaton real estate attorney for help with your defense strategy at 630-665-2500.

 

Sources:

https://www.illinoislawyernow.com/2020/07/illinois-supreme-court-adopts-new-rule-for-eviction-cases/

https://www.isba.org/sites/default/files/blog/documents/Adopted_Amended%20Rules%20139_101_181_7-17-20.pdf

https://www.daily-journal.com/news/illinois/pritzker-extends-residential-eviction-moratorium-until-july-31/article_5c140440-b14e-11ea-a33f-27d9f797b539.html

 

Violating a Tenant's Rights Can Result in Expensive Litigation

DuPage County real estate lawyersWhen it comes to renting out a commercial building or residential property, landlords assume a lot of risk. Tenants may fail to pay their rent, could cause destruction to the property, or may violate building codes and cause the landlord to incur extra expenses. Yet, even in such instances, landlords must adhere to certain laws. In particular, they must follow the due process to ensure a tenant's rights are not violated. Failure to do so can result in expensive litigation. The following explains further, and provides you with some information on how you can legally protect your commercial or residential rental property.

Landlord Faces Litigation After Locking Tenant Out of Restaurant

After allegedly being locked out of his restaurant, a Mount Prospect business owner is suing his landlord. He claims he had not been late on his rent, had not been any form of notification, and was not permitted to retrieve his property within the building. The landlord's attorney alleges, instead, that he is not in the wrong. If anything, he is allegedly allowing the tenant to walk away from a 10-year lease without having to pay for any damages that may be owed.

This case, though still unresolved, brings a serious issue to light. The tenant is essentially suggesting that they landlord did not follow the legal process for evicting a tenant. It is also not an uncommon issue, which is rather unfortunate since, in such a situation, the landlord could be held liable for any losses experienced by the business owner. This may include the loss of property, revenue, and possibly even the loss of a company.

Protecting Your Property the Legal Way

Landlords do not have to stand idly by as a tenant fails to pay rent, damages property, or otherwise fails to adhere to a contract. Instead, they can take legal action to enforce their contract. If those efforts fail, then the landlord may proceed with the eviction process. Be aware, however, that there are still risks involved. As such, you should contact an experienced attorney for assistance with the process – especially if you believe an eviction may be in order.

Contact Our DuPage County Real Estate Lawyers

If you need help with a tenant issue or eviction, contact Stock, Carlson & Duff LLC for assistance. Skilled and experienced, we will fight to protect your property and your interests. Schedule a personalized consultation with our DuPage County real estate lawyers to discuss your commercial or real estate property issue. Call us at 630-665-2500 today.

Sources:

http://www.dailyherald.com/article/20161216/business/161219180/

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2201&ChapterID=62