Use and Occupancy practice in Chicago Eviction Courts

Due to a recent decision by the Illinois Appellate Court, in the eviction courts in Chicago, it was formerly standard-operating-procedure that if a tenant failed to pay Court ordered "Use and Occupany" (Essentially rent during the pendency of an eviction case), that the Court would evict the tenant; however, this court case changes that procedure.

Now, if the tenant is NOT able to financially pay the Court ordered Use and Occupancy, then the Court can NOT evict the tenant.

This opinion has generated a great deal of interest and consternation among landlords.  Further, there is another pending case in the appellate court that takes the position that there is no statutory right for any use and occupancy at all.

To see this case, click HERE:

What do you think?

Paul Bernstein, Esq.