The Answer? “It depends.”
Covid-19 has impacted the ability of landlords to evict non-paying tenants. The current law in Illinois is that a landlord may evict a tenant if: 1) the tenant poses a direct threat to the health and safety of other tenants; 2) the tenant poses an immediate and severe risk to property; or 3) prior to commencing action, the landlord served upon the tenant a Declaration Form from the Illinois Housing Development Authority and the tenant didn’t return it indicating that he or she is a “covered person” under the Executive Order.
Under the Governor’s moratorium, no evictions can occur until February 6, 2021 if the tenant meets the following conditions: 1) earns no more than $99,000 in annual income; 2) unable to make full rent payments due to COVID-19 hardship; 3) is making best efforts to make timely payments (note: very subjective standard); and 4) if evicted would likely become homeless.
If you are a landlord and would like to discuss your options for eviction, please call us today.