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<h2>Understanding the Challenges of Evictions During Heatwaves</h2><p>Managing evictions in Cook County during heatwaves presents unique challenges for landlords, tenants, and local authorities. The combination of soaring temperatures and housing insecurity can lead to dire consequences for affected individuals and families. It is crucial to approach the situation with sensitivity and awareness of the potential health risks involved.</p><p>Heatwaves can exacerbate the already stressful process of eviction, increasing the vulnerability of those without stable housing. People facing eviction are often forced to find temporary accommodations, which may lack adequate cooling options, further endangering their health. This highlights the importance of implementing supportive measures to protect residents during extreme weather conditions.</p><figure id="figure-j2pt2ans3hmc89fr4b"><img id="j2pt2ans3hmc89fr4b" src="https://cdn.durable.co/getty/25Dw9wlSUBXdsUU5uvlm4i8qrXtbZe35NN9ZP8wK8s6nbKaKtovXclGlZ065nV3N.jpeg" alt="heatwave city" class="object-cover bg-gray-100 rounded-sm md:rounded-md lg:rounded-lg" style="aspect-ratio: 16/9;" data-mce-src="https://cdn.durable.co/getty/25Dw9wlSUBXdsUU5uvlm4i8qrXtbZe35NN9ZP8wK8s6nbKaKtovXclGlZ065nV3N.jpeg" data-mce-style="aspect-ratio: 16/9;"></figure><h2>Sheriff's Discretion and Potential Delays</h2><p>While court proceedings to obtain an eviction order generally move forward without issue regardless of the weather, the actual execution of that order by the Cook County Sheriff's Department can be significantly impacted by extreme conditions, particularly heat waves.</p><p>Evictions are typically conducted Monday through Friday between 8 a.m. and 2 p.m. however, the Cook County Sheriff's Office may cease the execution of eviction orders relating to residential real estate when outside temperatures are 15 degrees Fahrenheit or colder, or whenever, regardless of outside temperature, extreme weather conditions endanger the health and welfare of those to be evicted. This includes situations where a Heat Index Warning is in effect. This means that while a landlord's court order for possession remains valid, its enforcement by the Sheriff's Department might be delayed or rescheduled due to the heat.&nbsp;</p><figure id="figure-3y52o4axmmamc89ftep"><img id="3y52o4axmmamc89ftep" src="https://cdn.durable.co/blocks/24jbW9E9tdr4mJRKkXvpQDsR6w4Zf5YiuOw8Sr2LdibhevtVblCzNbDs3kVrwNlo.png" alt="legal documents" title="legal documents" class="object-cover bg-gray-100 rounded-sm md:rounded-md lg:rounded-lg" style="aspect-ratio: 16/9; object-position: null% 50%;" data-corners="default" data-aspect="16:9" data-caption="" data-positionx="null%" data-positiony="50%" data-fullwidth="false" data-mce-src="https://cdn.durable.co/blocks/24jbW9E9tdr4mJRKkXvpQDsR6w4Zf5YiuOw8Sr2LdibhevtVblCzNbDs3kVrwNlo.png" data-mce-style="aspect-ratio: 16/9; object-position: null% 50%;"></figure><h2>Delays Impact on Order for Possession Validity</h2><p>Adverse weather conditions, such as extreme heat, have been known to cause delays in the enforcement of Forcible Entry and Detainer Orders for Possession. Landlords should be advised that such delays may cause their Order for Possession to expire prior to being executed by the Cook County Sheriff's Office. Therefore, it is crucial for landlords to review to ensure that all Orders of Possession remain enforceable. If an eviction is postponed due to weather, it will be rescheduled as soon as possible.</p><p>Eviction scheduling information is accessible on the Cook County Sheriff's Website, where landlords can view the schedule for the current and next business day. The Plaintiff or their attorney will generally receive a telephone call from the Sheriff's Office one working day prior to their eviction to notify them of the scheduled date and time. Maintaining an accurate and legible telephone number for contact is necessary to prevent delays or cancelations in the enforcement of an eviction.</p><p>If an eviction is postponed due to weather, it may be rescheduled as soon as possible. However, if an eviction is "called-off" at the eviction site, or if the plaintiff or their representative fails to appear on the day of the eviction, a non-refundable re-scheduling fee may be charged, and an eviction may not be re-scheduled until this fee has been paid.</p><figure id="figure-mbjqybdc96mc89fzcl"><img id="mbjqybdc96mc89fzcl" src="https://cdn.durable.co/getty/30FmCEJktX4GRT5D0BuIxW8NN5gHXZCaeqTAl49SOumIl5ZZghahFVyobqksYkRy.jpeg" alt="community support" class="object-cover bg-gray-100 rounded-sm md:rounded-md lg:rounded-lg" style="aspect-ratio: 16/9;" data-mce-src="https://cdn.durable.co/getty/30FmCEJktX4GRT5D0BuIxW8NN5gHXZCaeqTAl49SOumIl5ZZghahFVyobqksYkRy.jpeg" data-mce-style="aspect-ratio: 16/9;"></figure><h2>Exclusive Authority of the Cook County Sheriff</h2><p>It is important for landlords to remember that Illinois law requires the Cook County Sheriff to enforce evictions in Cook County, and they are the only entity authorized to evict a tenant.</p><figure id="figure-xoftogi59jmc89g5x8"><img id="xoftogi59jmc89g5x8" src="https://cdn.durable.co/blocks/19gSiQq2b9gTJfwuPgBzCTVa3tEdYOnRnaEJ1rmSz2Jvykvjlg3EbpdQVTQSAP2H.jpg" alt="government building" title="government building" class="object-cover bg-gray-100 rounded-2xl md:rounded-3xl lg:rounded-4xl" style="aspect-ratio: 16/9; object-position: center center;" data-corners="large" data-aspect="16:9" data-caption="" data-positionX="null" data-positionY="null" data-fullWidth="false"/></figure><h2>Conclusion: A Collective Effort for Safer Evictions</h2><p>Managing evictions in Cook County amidst heatwaves requires a collective effort from landlords, tenants, community organizations, and local authorities. By prioritizing the health and well-being of vulnerable populations, stakeholders can work together to create safer eviction processes that mitigate the risks associated with extreme weather conditions.</p><p>Ultimately, fostering cooperation and understanding between all parties involved can lead to more sustainable solutions that benefit both individuals and communities. As climate change continues to impact weather patterns, it is crucial to adapt our approaches to eviction management and prioritize the needs of those most affected.</p>

Managing Evictions in Cook County Amidst Heatwaves

<h2>Introduction to Chicago's Heat Ordinance</h2><p>Chicago's Heat Ordinance is a critical regulation designed to protect residents from extreme temperatures, particularly during the colder months. This ordinance mandates that landlords provide sufficient heating in residential buildings to ensure the safety and comfort of tenants. Understanding the specifics of this ordinance is essential for both landlords and tenants to ensure compliance and well-being.</p><p>The ordinance is part of the broader Chicago Municipal Code, which outlines various requirements for building maintenance and tenant safety. By adhering to these regulations, Chicago aims to prevent cold-related illnesses and promote healthier living conditions.</p><figure id="figure-8sqcv2wuclm4tmf7g1"><img id="8sqcv2wuclm4tmf7g1" src="https://media.gettyimages.com/id/621588062/photo/thermostat-home-energy-saving.jpg?b=1&amp;s=2048x2048&amp;w=0&amp;k=20&amp;c=Zcb6cZR4YOKgm42IEulggryNG2zDoijFjMJu6zHwIOA=" alt="Thermostat, Home Energy Saving" title="Thermostat, Home Energy Saving" class="object-cover bg-gray-100 rounded-sm md:rounded-md lg:rounded-lg" style="aspect-ratio: 16/9; object-position: center center;" data-corners="default" data-aspect="16:9" data-caption="" data-positionx="undefined" data-positiony="undefined" data-fullwidth="false" data-mce-src="https://media.gettyimages.com/id/621588062/photo/thermostat-home-energy-saving.jpg?b=1&amp;s=2048x2048&amp;w=0&amp;k=20&amp;c=Zcb6cZR4YOKgm42IEulggryNG2zDoijFjMJu6zHwIOA=" data-mce-style="aspect-ratio: 16/9; object-position: center center;"></figure><h2>Key Provisions of the Heat Ordinance</h2><p>According to the Heat Ordinance, landlords, that supply heat to apartments where occupants do not have individual controlled heating equipment, are required to keep individual heating equipment within houses or individual apartments in good operating condition. Additionally, from September 15 through June 1, the following minimum temperatures must me maintained:</p><ul><li>68 degrees Fahrenheit from 8:30 a.m. to 10:30 p.m.</li><li>66 degrees Fahrenheit from 10:30 p.m. to 8:30 a.m.</li></ul><p>This requirement ensures that tenants have a safe and comfortable living environment during the colder months when temperatures can vary significantly.</p><p>If a building fails to meet this requirement, tenants have the right to report the issue to the city's 311 service. Landlords are then obligated to address any heating deficiencies promptly. Failure to comply can result in significant fines and legal action.</p><h3>Responsibilities of Landlords</h3><p>Landlords play a crucial role in ensuring compliance with the Heat Ordinance. They must regularly inspect and maintain heating systems to prevent breakdowns or inefficiencies. Additionally, landlords are responsible for responding quickly to tenant complaints about inadequate heating.</p><figure id="figure-f8whpvdgmum4tllr4y"><img id="f8whpvdgmum4tllr4y" src="https://media.gettyimages.com/id/905726910/photo/woman-sitting-near-heater-at-home.jpg?b=1&s=2048x2048&w=0&k=20&c=esUVqtpR9auIQw-6b2TLL95rLdioifsFEAOhn9O7GDw=" alt="Woman Sitting Near Heater At Home" title="Woman Sitting Near Heater At Home" class="object-cover bg-gray-100 rounded-sm md:rounded-md lg:rounded-lg" style="aspect-ratio: 16/9; object-position: center center;" data-corners="default" data-aspect="16:9" data-caption="" data-positionX="null" data-positionY="null" data-fullWidth="false"/></figure><p>To facilitate compliance, landlords should invest in regular maintenance checks and consider upgrading older heating systems that may not meet current efficiency standards. This proactive approach not only benefits tenants but also helps landlords avoid potential legal issues.</p><h2>Rights and Responsibilities of Tenants</h2><p>Tenants have specific rights under the Heat Ordinance, including the right to a warm and safe living environment. If their apartment does not meet the required temperature standards, tenants should first inform their landlord and allow them a reasonable time to address the issue.</p><p>If the landlord fails to rectify the situation, tenants can file a complaint with the city. It's important for tenants to document any communications with their landlord regarding heating issues, as this can support their case if legal action becomes necessary.</p><figure id="figure-c2x3uxr5ydm4tllvto"><img id="c2x3uxr5ydm4tllvto" src="https://media.gettyimages.com/id/887489434/photo/house-is-wrapped-in-a-scarf.jpg?b=1&amp;s=2048x2048&amp;w=0&amp;k=20&amp;c=6DZQEIJGKKsY42R5wmEogIb4Wn6KMwSjdMUMf-FJ5Mc=" alt="House is wrapped in a scarf" title="House is wrapped in a scarf" class="object-cover bg-gray-100 rounded-sm md:rounded-md lg:rounded-lg" style="aspect-ratio: 16/9; object-position: center center;" data-corners="default" data-aspect="16:9" data-caption="" data-positionx="null" data-positiony="null" data-fullwidth="false" data-mce-src="https://media.gettyimages.com/id/887489434/photo/house-is-wrapped-in-a-scarf.jpg?b=1&amp;s=2048x2048&amp;w=0&amp;k=20&amp;c=6DZQEIJGKKsY42R5wmEogIb4Wn6KMwSjdMUMf-FJ5Mc=" data-mce-style="aspect-ratio: 16/9; object-position: center center;"></figure><h3>Common Myths About the Heat Ordinance</h3><p>There are several misconceptions about Chicago's Heat Ordinance. One common myth is that it only applies during extreme cold spells. However, the ordinance is in effect from mid-September to early June, regardless of weather conditions.</p><p>Another myth is that tenants must endure prolonged periods without adequate heat before taking action. In reality, tenants should report any heating deficiencies as soon as they occur to ensure prompt resolution.</p><h2>Conclusion</h2><p>Understanding Chicago's Heat Ordinance is essential for both landlords and tenants. By knowing their rights and responsibilities, both parties can work together to ensure safe and comfortable living conditions throughout the heating season. Compliance not only helps avoid legal repercussions but also contributes to healthier, happier communities in Chicago.</p>

Understanding Chicago's Heat Ordinance

<h2>The "Winter Rule" in Chicago</h2><p>There's a common misconception that landlords in Chicago cannot evict tenants during the winter months. While tenant protections are in place to prevent unlawful evictions, it's important to understand the specific circumstances that can trigger a temporary halt to evictions.</p><figure id="figure-13wwxfmeiam43bk006"><img id="13wwxfmeiam43bk006" src="https://cdn.durable.co/getty/24kYACOfVDvoF1UwA3dok6NYwqMUSEHQT2kMiG6G7UJNTSiv7rQzSEZw3vfaYRIR.jpeg" alt="winter eviction" class="object-cover bg-gray-100 rounded-sm md:rounded-md lg:rounded-lg" style="aspect-ratio: 16/9;" data-mce-src="https://cdn.durable.co/getty/24kYACOfVDvoF1UwA3dok6NYwqMUSEHQT2kMiG6G7UJNTSiv7rQzSEZw3vfaYRIR.jpeg" data-mce-style="aspect-ratio: 16/9;"></figure><h3>What is the Winter Moratorium?</h3><p>Chicago has a winter eviction moratorium. Every year, Cook County issues an eviction moratorium over the holidays and winter months. Per the Order, of the Cook County Sheriff and/or Chief Judge, evictions are not executed by the Sheriffs offices during:</p><ul><li><strong>Holiday season</strong><br>The sheriff will not execute eviction orders the last 2 weeks of the year. &nbsp;</li><li><strong>Cold temperatures</strong><br>The sheriff will not execute eviction orders on days when the temperature is 15°F or colder. &nbsp;</li><li><strong>Extreme weather</strong><br>The sheriff will not execute eviction orders on days when extreme weather conditions could endanger their health and safety, such as during a blizzard, storm, or high winds.</li></ul><p>Please note that court proceedings are an entirely different process that are not effected by a winter Moritorium.&nbsp;</p><figure id="figure-m6qachgnism43bk3xo" class=""><img id="m6qachgnism43bk3xo" src="https://cdn.durable.co/getty/1euBYEQ05nLmYdMNiP8ynR7nKOu7qD6yjsOGIaM4w1MBZHfVLlaxB5m7Wj8fzCVc.jpeg" alt="cold weather" class="object-cover bg-gray-100 rounded-sm md:rounded-md lg:rounded-lg" style="aspect-ratio: 16/9;" data-mce-src="https://cdn.durable.co/getty/1euBYEQ05nLmYdMNiP8ynR7nKOu7qD6yjsOGIaM4w1MBZHfVLlaxB5m7Wj8fzCVc.jpeg" data-mce-style="aspect-ratio: 16/9;"></figure><h3>Who is Protected?</h3><p>The winter eviction policies apply to residential tenants. This includes families, individuals, and vulnerable groups. However, tenants must meet certain conditions to qualify for protection. They should not have violated lease terms or engaged in illegal activities.</p><p>Tenants should communicate with their landlords if they are facing financial difficulties. Open dialogue can help identify solutions and avoid eviction during winter.</p><h3>Landlord Responsibilities</h3><p>Landlords have specific responsibilities under the winter eviction policies. They must ensure that tenants are aware of their rights. Landlords should also provide resources for assistance if needed.</p><figure id="figure-onmuk9dferm43bk7pn"><img id="onmuk9dferm43bk7pn" src="https://cdn.durable.co/getty/23btJPG5pZZHwZTq4H797aSWwGYh0hysXaUs34nheDS59DYIkXZK2svdg0jB2qqg.jpeg" alt="tenant landlord" class="object-cover bg-gray-100 rounded-sm md:rounded-md lg:rounded-lg" style="aspect-ratio: 16/9;" data-mce-src="https://cdn.durable.co/getty/23btJPG5pZZHwZTq4H797aSWwGYh0hysXaUs34nheDS59DYIkXZK2svdg0jB2qqg.jpeg" data-mce-style="aspect-ratio: 16/9;"></figure><p>In cases where eviction is unavoidable, landlords must follow the legal process. This includes filing the necessary paperwork and attending court hearings. Skipping these steps can result in penalties.</p><h3>Legal Support for Tenants</h3><p>Tenants facing eviction can seek legal support. Chicago offers various resources, including legal aid clinics and tenant advocacy groups. These organizations provide advice and representation to help tenants navigate the eviction process.</p><p>It is advisable for tenants to gather all relevant documents. This includes lease agreements, payment receipts, and communication records with landlords. Such documentation can be crucial in legal proceedings.</p><figure id="figure-yb6zv8edam43bk9mv"><img id="yb6zv8edam43bk9mv" src="https://media.gettyimages.com/id/1325676218/photo/business-and-lawyers-discussing-contract-papers-with-brass-scale-on-desk-in-office-law-legal.jpg?b=1&amp;s=2048x2048&amp;w=0&amp;k=20&amp;c=o5a5Bd5cK-0CaHzIx9BgtjjjK1nvqgjkjre_O1IwSeY=" alt="legal support" class="object-cover bg-gray-100 rounded-sm md:rounded-md lg:rounded-lg" style="aspect-ratio: 16/9;" data-mce-src="https://media.gettyimages.com/id/1325676218/photo/business-and-lawyers-discussing-contract-papers-with-brass-scale-on-desk-in-office-law-legal.jpg?b=1&amp;s=2048x2048&amp;w=0&amp;k=20&amp;c=o5a5Bd5cK-0CaHzIx9BgtjjjK1nvqgjkjre_O1IwSeY=" data-mce-style="aspect-ratio: 16/9;"></figure><h3>Preparing for Winter</h3><p>Both tenants and landlords should prepare for winter well in advance. Tenants should review their lease agreements and address any concerns with landlords. Maintaining a good relationship can prevent misunderstandings.</p><p>Landlords should inspect properties to ensure they are winter-ready. This includes checking heating systems, insulation, and plumbing. A well-maintained property benefits both parties.</p><h3>Conclusion</h3><p>While the "winter rule" might temporarily pause evictions during extreme weather conditions, it's essential to remember that evictions occur in Chicago and Cook County throughout the year, <em>including winter</em>. If you're facing challenges with tenants or considering eviction, it's crucial to consult with a knowledgeable real estate attorney. The OD Firm is experienced in eviction law and can provide the guidance you need to navigate the legal process effectively. Contact us today to discuss your specific situation.</p><figure id="figure-w5lg226ed4m43g9reg"><iframe id="w5lg226ed4m43g9reg" src="https://www.youtube.com/embed/-Py9RG3zffI" class="w-full bg-gray-100 rounded-sm md:rounded-md lg:rounded-lg" style="aspect-ratio: 16/9" allow="autoplay; encrypted-media" allowFullScreen="" data-url="https://www.youtube.com/watch?v=-Py9RG3zffI" data-corners="default" data-fullWidth="false"></iframe></figure>

The OD Blog

Managing Evictions in Cook County Amidst Heatwaves

Understanding Chicago's Heat Ordinance

Debunking the Winter Eviction Myth in Chicago