Evicting a tenant in Cook County has long been a complex, time-consuming, and often frustrating process for landlords. For years, landlords and property managers in Chicago and the surrounding areas had to rely on the sheriff's office to carry out eviction orders. The bottleneck frequently created backlog delays, lengthy wait times, and inefficiencies. However, relief is on the way! A significant change to the Cook County eviction process promises to simplify and speed up the eviction process for landlords.
In this blog, we explore the challenges of the current system, the benefits of the change, and practical steps Cook County landlords and property managers can take to adapt to the new process.
Challenges of the Previous Eviction Process
The Chicago eviction process was historically cumbersome and lengthy, primarily because the sheriff’s office executed all eviction orders. Once a judge issued an eviction order, landlords had to wait for the sheriff to schedule a time to physically serve the notice to the tenant. Then, they had to wait for the sheriff to eventually remove tenants from the property if they failed to comply.
This reliance on the sheriff's office meant that eviction timelines stretched longer and longer. In some cases, landlords faced weeks or even months of delays as the sheriff’s office struggled under its backlog of cases. These delays cost landlords time and created financial strain. Property owners incurred costs for unpaid rent, and until the sheriff removed the tenants, landlords couldn’t fill the unit with new (paying) tenants.
In addition to the delays, there were logistical issues. Sheriff's schedules can be unpredictable, challenging eviction process coordination. For landlords and property managers, this process was far from efficient, and many found themselves in limbo for extended periods, waiting for resolution. The frustration prompted some property owners to resort to alternative measures.
Benefits of the Change: Faster Evictions with Private Process Servers
But all that changes in January 2025! On January 1, 2025, property managers and landlords will no longer need to rely on the sheriff's office to serve eviction notices. Instead, private process servers will be allowed to handle eviction-related tasks, streamlining and drastically improving the entire eviction process.
Previously, private process servers could only take on assignments after the sheriff’s unsuccessful attempts. The new law allows landlords and property managers to bypass the Cook County Sheriff's Office and use duly authorized private investigators and process servers.
Below are some key benefits of adding private process servers to the Cook County eviction process:
When a tenant has no inclination to pay or move, the property owner obviously wants to move through the eviction process as quickly as possible. Unfortunately, the Cook County Sheriff's Office handles a large volume of eviction cases and operates a pseudo-monopoly to handle them. With limited resources to serve notices, this bogged down the process, forcing owners to wait in the backlog.
Private process servers can handle eviction notices more quickly, significantly cutting down on wait times. Plus, with the flexibility to choose preferred private servers, owners and their attorneys will experience a more efficient and reliable process by selecting those with the best case outcomes.
Because private process servers aren’t limited to the same scheduling constraints as the Sheriff’s office, they offer more flexibility. It also introduces more predictability into the process. That means they can more easily arrange the necessary steps to serve eviction notices.
Private process servers can also refer owners to another private process server if they have a conflict of interest or an overload of casework. This flexibility will allow landlords and property managers to act more quickly in cases where tenants have violated lease terms or failed to pay rent.
As many know, the sheriff fees associated with an eviction can quickly add up. However, with private process servers handling evictions, the quasi-monopoly held by the sheriff’s office on evictions is busted up. That creates a capitalistic market where landlords and property owners could see a reduction in costs associated with an eviction.
Private process servers may offer more competitive pricing, leading to potential savings for landlords. In addition, the truncated timelines for removing nonpaying tenants can help owners turn units faster so their investment is profitable again. The lower costs and faster eviction process can help landlords potentially save tens of thousands of dollars in lost income and eviction costs.
What This Means for Landlords: Practical Steps for Cook County Property Managers
As the new process rolls out, property management eviction updates will require Cook County landlords and property managers to adjust their practices. Below, we offer some practical steps for adapting to this new eviction process:
1. Build Relationships with Private Process Servers
Now that private process servers will handle evictions, property managers need to build strong relationships with reliable, reputable process servers in their areas. Property managers should research process servers who are experienced in eviction cases and who have a reputation for delivering the necessary services quickly and professionally.
2. Update Internal Policies
With this change in the eviction process, property managers should update their internal policies regarding tenant evictions. This might include revising timelines for initiating evictions and updating processes to ensure documentation is correct before handing the eviction notice to a private process server.
3. Stay Informed About Legal Requirements
Though the eviction process will be faster, property managers need to keep up with any new rules about using private process servers. This includes understanding the specific procedures for working with private servers and the rules surrounding who is authorized to serve notices. Regardless of who serves notices, property managers should have processes in place to make sure all necessary paperwork is completed accurately.
4. Train Your Team
With the new system in place, property managers should ensure that their entire team is well-trained on the updated eviction procedures. Anyone who participates in the eviction process must understand how to file eviction complaints, work with process servers, and comply with all relevant legal and procedural requirements. Proper training will help prevent costly and frustrating mistakes so that the eviction process proceeds as efficiently as possible.
5. Prepare for Potential Pushback
While the new system will streamline many aspects of evictions, property managers may still face challenges with tenants who resist eviction or try to delay the process. In these situations, property managers must stay firm and ensure they handle the eviction according to the law, consulting with legal counsel as necessary.
How GC Realty & Development Can Help
At GC Realty & Development, we understand the complexities of the Cook County eviction process and how these new changes will impact property management.
Whether you have a difficult tenant situation, need guidance on how to handle the new process, or want assistance working with private process servers, our team can help!
Don't let the eviction process slow you down—partner with GC Realty to streamline your eviction procedures so they’re as efficient and legally compliant as possible contact GC Realty & Development today.