motion to extend stay of eviction order

On or before the day set for the appearance, the sheriff shall file the notice with an endorsement thereon stating the time when and places where the sheriff posted and to whom and at what address he or she mailed copies as required by this Section. Affidavit. 9-107.10. If you are not named as a defendant in the case, these are not the correct forms to file. 9-309) Sec. (d) In the event the tenant is a corporation or a partnership, any officer, director, manager or managerial agent of the tenant who violates this Section or causes the tenant to violate this Section is guilty of a Class A misdemeanor. 82-280. 82-280. The landlord gets paid, and the tenant stays in the home. ), (735 ILCS 5/9-112) (from Ch. (Source: P.A. 9-208) Sec. Notice made pursuant to this Section shall, as hereinafter stated, not be invalidated by payments of past due rent demanded in the notice, when the payments do not, at the end of the notice period, total the amount demanded in the notice. 110, par. 5-31-05. 7-14-15. 100-173, eff. 9-305) Sec. 82-783. This will give you more time to live on the property. After notice has been given, an invitation to the person to enter the premises shall be void if made by a tenant, lessee, or member of the tenant's or lessee's household and shall not constitute a valid invitation to come upon the premises or a defense to a criminal trespass to real property. ), (735 ILCS 5/9-309) (from Ch. 9-306. 1-1-18. Prior to its expiration, the order was extended legislatively through January 31, 2021. The form to use for the Illinois Rent Payment Program, if you do not have proof of income. Filing of distress warrant with inventory. No eviction order obtained in an action brought under this Article may be enforced more than 120 days after the order is entered, unless upon motion by the plaintiff the court grants an extension of the period of enforcement of the order. Demand; notice; return; condominium and contract purchasers. 9-301) Sec. ), (735 ILCS 5/9-212) (from Ch. At any time during the 60-day delay period, the landlord can file a motion to reinstate the eviction case with the judge. 9-105) Sec. If the complaint alleges that the unit is occupied or may be occupied by persons other than or in addition to the unit owner of record, that the identities of the persons are concealed and unknown, they may be named and joined as defendant "Unknown Occupants". 110, par. 110, par. 9-205) Sec. (f) A landlord shall have the power to bar the presence of a person from the premises owned by the landlord who is not a tenant or lessee or who is not a member of the tenant's or lessee's household. If you've been a model tenant who's just fallen on hard times, you might be able to negotiate a payment arrangement. ), (735 ILCS 5/9-304) (from Ch. A standardized residential eviction order form, as determined by the Supreme Court, shall be used statewide. (c) Mandatory sealing of court file. For the most up-to-date housing resources, please visit our Eviction Help Illinois page. 1-1-18. 735 ILCS 5/9-117. The law protects tenants from eviction for not paying COVID-19 rental debt due between: March 1, 2020 and August 31, 2020, i f the tenant gave their landlord a COVID-19-Related Declaration of Financial Distress by the 15-day Notice deadline. Judgment for plaintiff. 9-304) Sec. In all cases of distress for rent, the landlord, by himself or herself, his or her agent or attorney, may seize for rent any personal property of his or her tenant that may be found in the county where such tenant resides, and in no case shall the property of any other person, although the same may be found on the premises, be liable to seizure for rent due from such tenant. 9-104.1) Sec. The owner of lands, his or her executors or administrators, may sue for and recover rent therefor, or a fair and reasonable satisfaction for the use and occupation thereof, by a civil action in any of the following instances: 1. 100-173, eff. In all cases between landlord and tenant, where one-half year's rent is in arrears and unpaid, and the landlord or lessor to whom such rent is due has the right by law to re-enter for non-payment thereof, such landlord or lessor may, without any formal demand or re-entry, commence an action of ejectment for the recovery of the demised premises. 82-280. As used in this Section, "court file" means the court file created when an eviction action is filed with the court. ), (735 ILCS 5/9-301) (from Ch. The sheriff or other lawfully deputized officers shall give priority to service and execution of orders entered under this Section over other possession orders. 110, par. This section shall have no application to the covenants against incumbrances, or relating to the title or possession of the premises demised. You may be sworn to tell the truth, answer the questions truthfully, Explain briefly what you want out of the case, and. 110, par. A lien arising under this Section shall have priority over any agricultural lien as defined in, and over any security interest arising under, provisions of Article 9 of the Uniform Commercial Code. It should say exactly what the judge ordered at your trial. Asking for more time to move out after an eviction, someone with a family member who was in jail or prison, a veteran, active duty military or have had military service, a non-profit organization or small business, preparing, filing, and presenting motions in court. ), (735 ILCS 5/9-104.2) (from Ch. The summons shall advise the defendant that a hearing on the complaint shall be held at the specified date and time, and that the defendant should be prepared to present any evidence on his or her behalf at that time. You must attend the court hearing if you want the court to stop the plaintiff from having you evicted. EDNC New Form Motion to Extend Stay Friday, October 30, 2015 Under 11 U.S.C. Gov. What happens if I have an eviction on my record? other than a condominium or cooperative with respect to which any person by virtue of his or her ownership of a partial interest or unit therein is obligated to pay for maintenance, improvement, insurance premiums, or real estate taxes of other real estate described in a declaration which is administered by an association. 110, par. Sign up for our free summaries and get the latest delivered directly to you. Fill out a Writ of Execution ( form EJ-130 ). The notice is to be signed by the lessor or his or her agent, and no other notice or demand of possession or termination of such tenancy is necessary. 97-913, eff. 9-309. "Narcotics" and "controlled substance" have the meanings ascribed to those terms in the Illinois Controlled Substances Act. (b) For purposes of determining reasonable attorney's fees under subsection (a), the court shall consider: (i) the time expended by the attorney; (ii) the reasonableness of the hourly rate for the, (iii) the reasonableness of the amount of time, (iv) the amount in controversy and the nature of the, (735 ILCS 5/9-111.1) Sec. 110, par. Tenant's duty to disclose to landlord identity of vendee of crops. Good morning. Affirmative defenses for retaliation on the basis of immigration status. See E-Filing Basics for more information. (Source: P.A. (a) Definition. (b) The owner or lessor may bring an eviction action, or, if the State's Attorney of the county in which the real property is located or the corporation counsel of the municipality in which the real property is located agrees, assign to that State's Attorney or corporation counsel the right to bring an eviction action on behalf of the owner or lessor, against the lessee and all occupants of the leased premises. 82-280. (Source: P.A. On complaint by the party or parties entitled to the possession of such premises being filed in the circuit court for the county where such premises are situated, stating that such party is entitled to the possession of such premises (describing the same with reasonable certainty), and that the defendant (naming the defendant) unlawfully withholds the possession thereof from him, her or them, the clerk of the court shall issue a summons. If a case has been filed against you, you are called the defendant. Note that filing a Motion to Set Aside Default does not extend the five-day deadline for appeal. ), (735 ILCS 5/9-118) (from Ch. After a trial, if the court finds, by a preponderance of the evidence, that the allegations in the complaint have been proven, the court shall enter an eviction order in favor of the plaintiff and the court shall order that the plaintiff shall be entitled to re-enter the premises immediately. 83-707. Effect of judgment against defendant. You can file a motion to vacate a default judgment. (Source: P.A. After a trial, if the court finds, by a preponderance of the evidence, that the allegations in the complaint have been proven, the court shall enter an eviction order in favor of the plaintiff and the court shall order that the plaintiff shall be entitled to re-enter the premises immediately. Attorneys' fees claimed by condominium associations in the demand shall be subject to review by the courts in any eviction proceeding under subsection (b) of Section 9-111 of this Act. 9-216) Sec. ), (735 ILCS 5/9-209) (from Ch. For legal help outside of Cook County, go toGet Legal Helpor text eviction to ILAOHelpsat85622*to apply for legal help. 9-105. (Source: P.A. Judgment for part of premises. 9-215) Sec. 9-203) Sec. When land has been sold upon a judgment of court, when the party to such judgment or person holding under him or her, wrongfully refuses or neglects to surrender possession of the same, after demand, in writing, by the person entitled to the possession. Ct. Rule 305 As soon as possible after filing the Notice of Appeal, present this motion to the trial court. ), (735 ILCS 5/9-109.6) Sec. ), (735 ILCS 5/9-119) Sec. Limitation. Lease defined. If such grain or other crops or any part thereof is not fully grown or matured, the landlord or his or her agent or attorney shall cause the same to be properly cultivated and harvested or gathered, and may sell and dispose of the same, and apply the proceeds, so far as may be necessary, to compensate for his or her labor and expenses, and to pay the rent. If any unknown occupants file such a petition, a hearing on the merits of the unknown occupant's petition shall be held by the court within 7 days of the filing of the petition with the clerk. After January 1, 1984, a landlord or his or her agent shall take reasonable measures to mitigate the damages recoverable against a defaulting lessee. ), (735 ILCS 5/9-210) (from Ch. (c) A person does not forfeit any part of his or her security deposit due solely to an eviction under the provisions of this Section, except that a security deposit may be used to pay fees charged by the sheriff for carrying out an eviction. The plaintiff may at any time dismiss his or her action as to any one or more of the defendants, and the jury or court may find any one or more of the defendants liable, and the others not liable, and the court shall thereupon enter judgment according to such finding. 9-316) Sec. At the end of the program, you will get a completed set of court forms with instructions that you can save and print. In case of forfeiture under contract of purchase, the purchaser shall be entitled to cultivate and gather the crops, if any, planted by him or her and grown or growing on the premises at the time of the filing of the action, and shall have the right to enter for the purpose of removing such crops, first paying or tendering to the party entitled to the possession a reasonable compensation for such use of the land before removing such crops. The Motion is your chance to tell the court why you need more time and why immediate eviction would be a special hardship for you. 110, par. 9-114) Sec. 9-118) Sec. 9-308. 9-106. 9-316. (Source: P.A. The best way to delay an eviction is to talk to your landlord. 9-204. Notwithstanding Sections 9-112, 9-113, and 9-114 of this Code, judgment for costs against a plaintiff seeking possession of the premises under this Section shall not be awarded to the defendant unless the action was brought by the plaintiff in bad faith. lands or tenements without right or title. Such notice shall be in the name of the clerk of the court, be directed to the defendant or unknown occupant, shall state the nature of the cause against the defendant or unknown occupant and at whose instance issued and the time and place for trial, and shall also state that unless the defendant or unknown occupant appears at the time and place fixed for trial, judgment will be entered by default, and shall specify the character of the judgment that will be entered in such cause. (b) When asserting the affirmative defense, at least one form of the following types of evidence shall be provided to support the affirmative defense: medical, court, or police records documenting the violence or a statement from an employee of a victim service organization or from a medical professional from whom the tenant, lessee, or household member has sought services. (d) Nothing in subsection (a) shall prevent the landlord from seeking possession against the entire household, including the tenant, lessee, or household member who is a victim of domestic violence, dating violence, stalking, or sexual violence if the tenant, lessee, or household member's continued tenancy would pose an actual and imminent threat to other tenants, lessees, household members, the landlord or their agents at the property. written or verbal agreement to purchase lands or tenements, and having failed to comply with the agreement, withholds possession thereof, after demand in writing by the person entitled to such possession; provided, however, that any such agreement for residential real estate as defined in the Illinois Mortgage Foreclosure Law entered into on or . If your forms do not have a courtroom number, look for a list of cases at the courthouse or ask the circuit clerk. Upon the entry of an eviction order in favor of a board of managers under the Condominium Property Act, as provided in Section 9-111 of this Act, and upon delivery of possession of the premises by the sheriff or other authorized official to the board of managers pursuant to execution upon the order, the board of managers shall have the right and authority, incidental to the right of possession of a unit under the order, but not the obligation, to lease the unit to a bona fide tenant (whether the tenant is in occupancy or not) pursuant to a written lease for a term which may commence at any time within 8 months after the month in which the date of expiration of the stay of the order occurs. Motion to Continue or Extend Time. (b) Whenever the life tenancy of the lessor terminates not more than 6 months before the end of the tenancy of the lessee but before the beginning of the next crop year, the lessee of the farmlands is entitled to reasonable costs incurred in field preparation for the next crop year, payable by the succeeding life tenant or remainderman. Any surplus shall be remitted to the unit owner. 9-103) Sec. 110, par. Any person entering the landlord's premises after such notice has been given shall be guilty of criminal trespass to real property as set forth in Section 21-3 of the Criminal Code of 2012. (d) If a stay is granted under this Section, the court may grant the landlord or mobile home park operator such relief as equity may require. These counseling agencies on this list are approved by the U.S. Department of Housing and Urban Development (HUD); they can offer independent advice, often at little or no cost to you. Check-in quietly with the courtroom staff. Use this to leave this site immediately. 9-209. (e) It is an affirmative defense to a prosecution for the violation of this Section that the tenant has paid to the landlord the proceeds from the sale of the crops within 10 days after such sale. 9-101) Sec. 9-214. (Source: P.A. 9-202) Sec. ), (735 ILCS 5/9-308) (from Ch. 9-212) Sec. ), (735 ILCS 5/9-106.3) Sec. ), (735 ILCS 5/9-208) (from Ch. Then they must get the Sheriff to. 99-41, eff. 8-21-19. 9-104.2. of 82-280. Nothing herein contained shall be construed as affecting the right of the board of managers, or its agents, to any lawful remedy or relief other than that provided by Part 1 of this Article. The landlord may, however, agree in writing to continue the lease in exchange for receiving partial payment. 9-312. 9-104) Sec. To use this program, you must have been evicted from your rental unit andwanttoask the court for more time before you have to move out. ), (735 ILCS 5/9-103) (from Ch. (Source: P.A. In case judgment is entered in favor of the plaintiff in the action of ejectment before the rent in arrearage and costs of the action are paid, then the lease of the lands shall cease and be determined, unless the lessee shall by appeal reverse the judgment, or by petition filed within 6 months after the entry of such judgment, obtain relief from the same. See temporary state protections from eviction below. Exemption. 84-1043. Talk to Your Landlord. (c) The plaintiff may obtain an eviction order only and not for rent as to any unknown occupants. (Source: P.A. Learn more about Easy Forms. (Source: P.A. All payments made by the vendee, or his or her representatives or assigns, may be set off against such rent. 9-117. "Section 8 contract" means a contract with HUD or FmHA which provides rent subsidies entered into pursuant to Section 8 of the United States Housing Act of 1937 or the Section 8 Existing Housing Program (24 C.F.R. This site is protected by reCAPTCHA and the Google, There is a newer version The form to use for the Illinois Rent Payment Program, if you do not have proof of income. ), (735 ILCS 5/9-312) (from Ch. See E-Filing Basics for more information. (Source: P.A. 9-311) Sec. If you are the site owner (or you manage this site), please whitelist your IP or if you think this block is an error please open a support ticket and make sure to include the block details (displayed in the box below), so we can assist you in troubleshooting the issue. The third extension stated that "absent an unexpected change in the trajectory of the pandemic, CDC does not expect to extend the Order further." The stay continues until either the case is dismissed or closed or, in an individual case, until the granting or denial of discharge.
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