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ILLINOIS EVICTION MORATORIUM ENDS

On October 3, 2021, the eviction moratorium that began in March of 2020 ended, lifting restrictions on evictions, and allowing for a return to the pre-Covid 19 status quo. The eviction freeze was pursuant to an executive order issued by Governor Pritzker and ended by its own terms. While the order had been extended multiple times in the course of the last year and a half, the final extension order, which was issued on September 17, 2021 included language stating that the order “shall be rescinded,” offering a hint that the September extension was the last of its kind, and it was.

Along with the end of the Governor’s order, the Supreme Court’s eviction “triage” order, which froze trials, and added requirements for getting default judgments, also expired on October 3, by its own terms.

With the end of the state moratorium, the clock begins ticking on the expiration of the City of Chicago’s moratorium, which provides that it will expire sixty days following the lifting of the Governor’s order. The City’s eviction freeze applies only to past-due rent cases and is not applicable to evictions based on other causes, such as lease violations, terminations of tenancy, or Plaintiff’s seeking possession in a post-foreclosure setting.

For now, it is unclear if judges will implement additional requirements to proceed on cases in local rules or standing orders, or if Sheriff’s offices tasked with enforcing eviction orders will begin quickly proceeding on lock outs, but the major obstacles to filing, proceeding or enforcing an eviction have been lifted.

Thank you for your time in reviewing this. If you have any further questions regarding information contained in this alert or any other matter, please contact Mike Varak at michaelvarak@hsbattys.com, Julie Beyers at juliebeyers@hsbattys.com or Faiq Mihlar at FaiqMihlar@hsbattys.com to discuss in greater detail.

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