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EVICTION COURT BENCH BOOK (RESIDENTIAL TENANCIES)CHICAGO

HAC draft 8-1-05

PREFACE Just five courtrooms have been set aside for the more than 40,000 eviction actions that are filedin Chicago every year, so the judges who sit in these high-volume courtrooms have an especiallydifficult task. While presiding over a tremendous number of cases, they must afford proceduraldue process to both parties. The importance of this task cannot be overestimated because the majority of litigants who appear in forcible court do so without benefit of counsel.This Bench Book is designed to help judges by providing them with an up-to-date summary of laws governing the landlord-tenant relationship, as well as a guide to proper courtroom procedures. It is also intended to help advocates, who may cite it as an official document in theirbriefs and motions.*The Bench Book is not exhaustive. It deals only with well-settled matters of law, and does notaddress such issues as:• The propriety of granting a landlord’s motion for use and occupancy;• Whether a tenant can cure a criminal lease violation; or• The circumstances under which an agreed order may be vacated.These issues, along with many others, must be resolved without the help of this guide, which is meant to serve as an unbiased review of the relevant law and is not intended to advance theinterests of one group (either tenants or landlords) at the expense of the other.The Bench Book was written by Lawrence Wood of the L

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OUNDATION OF

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(LAFMC). In drafting this document, he received and incorporatedcomments from members of both the tenants’ bar (including Richard Wheelock andPatricia Bronte), and the landlords’ bar (including Richard Christoff and Michael Pardys).He also consulted the original edition of the Bench Book (published in 1988), and gratefullyacknowledges his debt to its authors, William P. Wilen and Sanford Kahn.*The official citation is C

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OOK

, February 2001.

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53I. APPLICABLE LAWSThe procedure for evicting residential tenants in Chicago is governed by state, local,and/or federal law. A. State lawThe most important state statute is the F

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,735 ILCS 5/9-101 et seq. This Act, codified as Article IX of the Illinois Code of CivilProcedure, governs the procedure for evicting tenants and obtaining judgments against them forunpaid rent. Other important statutes include:• R

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TILITY

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ERVICE

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, 765 ILCS 735 (authorizing tenantsto pay for utility service the landlord has failed to provide and to deduct the costof such service from the rent);• R

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, 765 ILCS 720/1 (prohibiting retaliatoryevictions);• I

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UMAN

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, 775 ILCS 5/1-101 et seq. (prohibiting unlawful discrimination in rental housing);• C

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, 765 ILCS 605;• M

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ANDLORD AND

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ENANT

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IGHTS

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, 765 ILCS 745;• C

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, 740 ILCS 40/11(authorizing expedited eviction procedures where controlled substances are foundin the leased premises);

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