The courts in Cook County have set up an Early Resolution Program in which trained mediators help resolve the rent payment issues to the benefit of both the Landlord and Tenants. Landlords should be consulting with their attorneys about the local procedures for evictions. The Cook County Sheriff has published a guide for Landlords on eviction procedures, and this is certain to be modified shortly. The Sheriff’s Office will be inundated with eviction orders and it will take time to process all of the eviction orders which have been stayed over the past 18 months. In Cook County the Sheriff’s Office had suspended enforcement of residential evictions – except for emergency orders from the court – due to the the Governor’s Executive Order staying evicitons. The rubber will meet the road at the Sheriff’s Office. But don’t expect any immediate evictions. This ruling will not mean any immediate evictions, but it allows Landlords to start the eviction process. The CDC’s moratorium was set to expire October, so this ruling deals with the situation while the legal fight continues over the moratorium, leaving Landlords and Tenants at odds over rent payments and evictions.īut the bottom line is that Landlords can now start eviciton proceedings which had been stayed. This was a temporary ruling and only deals with whether the moratorium should continue on a temporary basis while the lower courts thoroughly consider the the underlying challenge. Landlords are now allowed to start evicting millions of Americans who are behind on rent because of the Pandemic. The justices divided along party lines, with the court’s three liberal justices dissenting from the unsigned eight-page decision. Basically, SCOTUS ruled that the eviction moratorium mandated by the CDC exceeded it’s authority under the law. It has been a tortured road for Landlords during the COVID-19 Pandemic as the story is told in this blog.
More information about what happens after an Eviction can be obtained at the Eviction hearing or from the Self Help Center.COVID Rules for Residential Evictions RESIDENTIAL EVICTION UPDATE – Aug– SCOTUS weighs in.įinally, some clarity to the situation by the source least expected – the U.S. This process is supervised by a special bailiff. A set out is an action taken by Landlord to remove Tenant’s belongings from the rental property. If Tenant does not leave the premises after 5 days, Landlord can file for a set out. Tenant then has 5 days to leave the premises.ġ0. If the magistrate grants the Eviction, Tenant will receive a red tag on the door of the rental property. This means that the Landlord was unsuccessful at evicting the Tenant.ĩ. The magistrate may grant or enforce the Eviction. This means it gets set for a later date.ī. Usually, the magistrate will tell the parties at the Eviction what the decision is.Ī. The magistrate may suggest that Landlord and Tenant step out of the courtroom and try to reach an agreement.Ĩ. The magistrate will speak briefly to each party. When the case is called, both the Landlord and the Tenant (and the attorneys if there are any) will approach the magistrate.ħ. The bailiff is seated at the front of the courtroom on the right side.Ħ. When the Landlord and Tenant arrive at court, each party should check in with the bailiff. Eviction hearings take place Monday through Friday beginning at 9am in Courtroom 11A.ĥ. Both parties should appear at the Eviction Trial. Tenant will receive a summons notifying him/her of the Eviction Trial.Ĥ.
The Eviction Trial will be scheduled 14-21 days from the date of filing.ģ. To learn more about filing an Eviction, read Landlord Eviction Guide.
If Tenant does not resolve the issue in 3 days, Landlord will file an Eviction Complaint. Visit Columbus Legal Aid’s website to learn more.Ģ. If you are a tenant and would like to seek legal advice, Legal Aid may be able to help you.
Tenant may choose to seek legal assistance. Upon receipt of this notice, Tenant has 3 days to move out or resolve the issue. If you are in doubt regarding your legal rights and obligations as a tenant, it is recommended that you seek legal assistance. If you do not leave, an eviction action may be initiated against you. You are being asked to leave the premises. The Notice must include the following language: Landlord gives the Tenant Notice to Leave the Premises. Please see the Legal Resources page for assistance with contacting an attorney. Landlord may choose to seek legal assistance. Generally, Evictions follow these steps:ġ. If you are a Landlord or Tenant, you may come to the Self Help Center with questions about the Eviction process. Information for Landlords in Franklin County, visit the Franklin County Law Library website for more information. Information for Tenants in Franklin County: Rights and Duties of Tenants in Franklin County.