Debunking the Winter Eviction Myth in Chicago

The "Winter Rule" in Chicago

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.

What is the Winter Moratorium?

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:

• Holiday season
  The sheriff will not execute eviction orders the last 2 weeks of the year.  
• Cold temperatures
  The sheriff will not execute eviction orders on days when the temperature is 15°F or colder.  
• Extreme weather
  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.

Please note that court proceedings are an entirely different process that are not effected by a winter Moritorium. 

Who is Protected?

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.

Tenants should communicate with their landlords if they are facing financial difficulties. Open dialogue can help identify solutions and avoid eviction during winter.

Landlord Responsibilities

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.

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.

Legal Support for Tenants

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.

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.

Preparing for Winter

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.

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.

Conclusion

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, including winter. 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.