Q–I got a judgment for eviction against a tenant, and when the tenant didn’t move when the judge said he had to, I placed the order with the sheriff to get the tenant evicted. It’s been more than a month since I placed the order with the sheriff, but nothing’s happened. It seems that the harder I work to get the tenant out, the longer he gets to stay for free. Is this normal?
A–Unfortunately, it is fairly common for the sheriff to be two or three weeks behind once an order for eviction is placed. The time can extend even longer during the winter months, since there are restrictions in when evictions will be performed by the sheriff’s office.
Under court-imposed guidelines, the sheriff cannot perform an eviction of a residential tenant if the temperature falls below 15 degrees. In addition, where adverse weather conditions might endanger the tenant or his or her family, the sheriff will not perform an eviction. That means that, at a minimum, evictions will not be performed if there is significant precipitation. Considering the temperatures and snowfall the Chicago area has experienced lately, there have been a significant number of days when the sheriff would not be performing evictions.
In addition, there has been a moratorium against evictions during the Christmas to New Year’s period. From approximately Dec. 20 through Jan. 2, the sheriff is prohibited by court order from performing residential evictions. That moratorium has just ended, and the sheriff is now performing evictions again. However, the orders for possession do not stop coming into the sheriff’s office simply because no evictions are being performed. Landlords continue to submit orders for possession so that they can get in line for evictions once they start up again.
Obviously, the approximately two-week moratorium puts the sheriff even further behind. The moratorium, along with the inclement weather does not bode well for any hope of prompt service on a possession order.
The next problem you have to face is if your order for possession expires. Under the law, if the sheriff does not perform the eviction within 90 days after the entry of the original order for possession, that office is prohibited from doing so until you go back into court on a motion to have the time to execute on the order for possession extended. That is because, apparently, the legislature was concerned about landlords wrongfully placing orders with the sheriff.
It is conceivable that a landlord and tenant agree that if the tenant catches up on the rent, the landlord will not evict him or her. After the payments are made, the landlord could still otherwise place the order with the sheriff and have the tenant evicted. Since the court is not a party to the payment arrangement, and there is no record of it with the court, neither the court nor the sheriff would know that the order should not be placed. The tenant could then be evicted contrary to the understanding the tenant believed existed.
For that reason, the law requires the landlord to come into court on a motion to extend the time for performing the eviction. As part of that motion, the landlord would have to state to the court that there has been no satisfaction of the judgment for possession, and that there is no agreement for payment or otherwise which would entitle the tenant to remain in possession of the apartment.
Since the tenant would also have to receive notice of the motion and a copy of the motion reciting these facts, if, in fact, there was such an agreement, the tenant would have the right to come to court to tell his version of the story, and inform the court that there was an agreement by which he would remain in possession of the apartment. The judge could then decide whether or not there was a valid agreement and whether either side breached that agreement.
Under your circumstances, you should see how old your judgment is and contact the sheriff to get an estimate as to how long it will take before your eviction is likely to be acted upon by the office. If it appears as if it might be more than 90 days until the sheriff is likely to act upon your order, you might want to start on your motion for an extension of time now, so that you can give it to the sheriff’s office before the 90 days expires and not face a further delay on your eviction case.
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Robert A. Boron, a Chicago attorney who specializes in leasing matters, writes about landlord and tenant issues for the Tribune. Questions to him can be addressed to Rental Q&A, Your Place section, Chicago Tribune, 435 N. Michigan Ave., Chicago, IL 60611. He also can be reached by e-mail at rabltd@aol.com. Sorry, but he cannot make personal replies.
