New Eviction Procedures for Illinois

By
Real Estate Broker/Owner with Rice Prprty Mgmnt & Rlty, LLC, South Holland, IL 481.010183

We received this fax a few days ago from our Attorney whom we use for evictions:

After a week or two of rampant rumors, the Sheriff of Cook County, Thomas Dart, has published new rules concerning enforcement of entered Orders for Possession, On July 30. 2007 the Sheriff announced by publication that commencing August 6, 2007, the Sheriff 's office will no longer provide moving crews.

While the procedure is somewhat confused and convoluted In the Sheriffs documentation, it appears that the new procedure will parallel that which has been in effect for commercial evictions in Cook County and both commercial and residential evictions in all counties outside of Cook County.

The Deputy Sheriff will appear at the subject premises and provided the plaintiff or plaintiff's agent is present, the Deputy should see to it that the door is opened and all individuals in the premises are removed. The Deputy will then post papers on the premises advising that the premises have been turned over by law to the plaintiff.  It will be the plaintiffs responsibility to have their own personnel or movers remove the tenant's belongings from the subject apartment.


In the event movers are unavailable, plaintiff should at least change the locks on the apartment entrance doors to prevent unauthorized, access. The landlord should then make preparations as quickly as reasonably possible either with the tenant to remove its property or for the landlords' own movers to remove the tenant's property and place it upon the city sidewalk or parkway, off the landlord's property.

                                                             


Once the Sheriff has removed the occupants and delivered possession to the landlord, the tenant has no legal right to re-enter the premises.  Even though the Sheriff has delivered possession and removed the occupants, the landlord has no legal right to retain and exercise dominion over the tenant's property. The landlord is obligated to allow the tenant, even after possession is delivered, to remove the tenant's property either from the parkway or outside of the apartment.  Since the Sheriff will not be providing moving crews, it will not be necessary for deputies to remain present while the property move-out is accomplished and, therefore, common sense should dictate that evictions will move along faster than they have in recent months however, we will, await further results.

close

This entry hasn't been re-blogged:

Re-Blogged By Re-Blogged At
Topic:
ActiveRain Community
Location:
Illinois Cook County
Groups:
South Illi/Indi Realtors
Property Management
Posts to Localism
Outside Blogs
Tags:
illinois
cook county
property management
evictions
rice property management
rentals

Post a Comment
Spam prevention
Spam prevention
Show All Comments
Rainer
234,503
Diane Rice
Rice Prprty Mgmnt & Rlty, LLC, South Holland, IL - Lansing, IL
SFR, SRES, CNC
When this new procedure goes into effect, it will increase the cost the landlord's expenses in addition to adding concerns left to deal with after the Sheriff leaves.   
Aug 07, 2007 12:57 PM #1
Rainer
137,413
Rich Kruse
Gryphon USA, Ltd. - Columbus, OH
It could cut down on tenant BS.  Tell them that you are putting their crap on the curb and the Sheriff isn't going to be there to keep people from stealing it.  Works here.  Too bad Daley won't let you carry a gun.
Aug 07, 2007 01:06 PM #2
Ambassador
3,914,959
George Souto
George Souto NMLS #65149 FHA, CHFA, VA Mortgages - Middletown, CT
Your Connecticut Mortgage Expert
Diane, it sounds like you could furnish a whole house by just following the sheriff from one eviction to another.
Aug 07, 2007 03:58 PM #3
Rainer
234,503
Diane Rice
Rice Prprty Mgmnt & Rlty, LLC, South Holland, IL - Lansing, IL
SFR, SRES, CNC
BRB to comment... LOL @ Rich Kruse & George Souto!!
Aug 08, 2007 03:15 AM #4
Rainer
69,596
Jim Ludes
RE/MAX Top Properties - Coal City, IL
Grundy/Will County, IL REALTOR
yet another reason why I would never want to rent property out.....oh the headaches!
Aug 08, 2007 07:03 AM #5
Rainer
234,503
Diane Rice
Rice Prprty Mgmnt & Rlty, LLC, South Holland, IL - Lansing, IL
SFR, SRES, CNC

RICH!  I hear the "Landlord Man" in ya rising up! Daley is over CHICAGO, not the whole Cook County.  Our rentals are mostly in the South Suburbs where some of the towns are home-ruled.  We CAN legally carry guns if they are registered..... but no need to since were dealing with real pistols!

Aug 08, 2007 09:51 AM #6
Rainer
234,503
Diane Rice
Rice Prprty Mgmnt & Rlty, LLC, South Holland, IL - Lansing, IL
SFR, SRES, CNC
GEORGE:  You had me cracking up.... but you do not know how TRUE you are!  where do you think we got our stuff from?????  In America one can live off what's tossed out!  (Just ask my hubby bubby!)
Aug 08, 2007 09:54 AM #7
Rainer
234,503
Diane Rice
Rice Prprty Mgmnt & Rlty, LLC, South Holland, IL - Lansing, IL
SFR, SRES, CNC
Jim:  MOST people do NOT have the stomach for this!  It takes a RICH or a RICE!  LOL
Aug 08, 2007 09:56 AM #8
Post a Comment
Spam prevention
Show All Comments

What's the reason you're reporting this blog entry?

Are you sure you want to report this blog entry as spam?

Rainer
234,503

Diane Rice

SFR, SRES, CNC
Need Property Management?
*
*
*
*
Spam prevention

Additional Information