Kane County Eviction Mediation Program:
The 16th Judicial Circuit eviction mediation program is designed to help mitigate the surge of evictions resulting from the COVID-19 pandemic, and the ensuing economic fallout. Its chief goal is to assist tenants and landlords in avoiding residential eviction and pursuing mutually beneficial alternatives. The program seeks to avoid exposing Kane County families to homelessness during a serious health crisis, while also helping landlords mitigate losses during the extraordinary circumstances that have precipitated the need for this program. Finally, it is also designed to aid the administration of justice by promoting judicial efficiency. Local Court Rule 9A
Mediation can help you avoid eviction:
Mediation is a process where a neutral third party, a trained mediator, helps landlords and tenants communicate to resolve issues through voluntary, mutual agreement. Both parties have the opportunity to speak with legal and housing counseling agencies to gather resources and better prepare for mediation. If you have an attorney they may attend the mediation with you. This program is free, confidential, and available to tenants and landlords in Kane County. Translation services are available.
Confidentiality and Mediation Agreement
Christina Wright, Program Coordinator
call 630-762-2758 or email WrightChristina@16thCircuit.IllinoisCourts.gov
Sign the Tenant Declaration Form to protect yourself and your household from eviction for nonpayment of rent. Under Governor Pritzker's Executive Order 2020-72, as amended by Executive Order 2020-74, eviction protections are now limited to specific households. If you owe rent, your landlord may not file an eviction action against you if you provide your landlord with a declaration stating that you meet the following 4 criteria: under $99,000 annual income for 2020, inability to make payment due to COVID-19 related hardship, making best efforts to make timely partial payments and at risk of homelessness.
Anyone with a legal right to evict you, including your landlord, is required to provide a copy of this 2-page declaration form to every tenant on the lease at least 5 days before your landlord can give you a notice of termination of your tenancy. If you are a tenant who fits the criteria listed above, you must sign the declaration form under penalty of perjury and return it to your landlord to be protected under the Executive Order. You should also retain a copy of the signed declaration for yourself.
IF YOU DO NOT GO TO COURT The case will go ahead whether or not you go to court. If you are not in court, the judge will only hear the Plaintiff's (landlord) side of the story and may order you to move within a very short period of time. If you do not move during that period, the sheriff can evict you and all other occupants from the property and you may lose your belongings.
If you miss your court date and the judge orders you to move, you can file a motion explaining why you missed court and ask the judge for another chance to explain why you should not be evicted. Talk to a lawyer or visit illinoislegalaid.org/ for more information.
You may come to court and tell your side of the story. If you have any receipts, photographs, or other documents that support your side of the story, bring them to court. You can let the judge know that you have these documents when it is your turn to speak.
You have a right to demand a trial by jury. Jury trials are complicated, so you may want to consult with a lawyer before demanding a jury trial. A jury demand should be filed on or before the first date you have to come to court. If you have not done it by that date, the judge might not give you more time to file it.
You may have a lawyer represent you in court but the court will not appoint a lawyer for you. If you want a lawyer, you must get one immediately. You may go to the court date and ask the judge for time to get a lawyer.
You may be required to pay a fee to file an appearance or a jury demand. If you cannot afford the fee, you may fill out and file an Application for Waiver of Court Fees found at:
Under Governor Pritzker's Executive Order 2020-72, as amended by Executive Order 2020-74, eviction protections are now limited to specific households. You are required to provide a copy of this 2-page declaration form to every tenant on the lease at least 5 days before you can give a notice of eviction.
If a landlord has reason to believe that a tenant poses a direct threat to the health and safety of other tenants or an immediate and severe risk to property, they can file an eviction action against that person, even if they have completed a declaration.
When proceeding with the eviction process, you must include this First Notice document when serving your summons: First Notice of Mediation English | First Notice of Mediation Spanish
regarding rental assistance must now also be included with the summons:
Emergency Rental Assistance Program Order
Filing an eviction complaint must be accompanied by the following certification:
Plaintiff's Certification for Exemption
For all other eviction forms, use the Statewide Court Eviction Forms: http://www.illinoiscourts.gov/forms/approved/eviction/eviction.asp
Need additional legal help? https://www.illinoislegalaid.org/search?keyword=EVICTION
Eviction Help Illinois: call 855-631-0811 or visit www.evictionhelpillinois.com (free legal aid and connections to other resources)
Illinois Eviction Declaration Form & Moratorium FAQs: www.ihda.org/ (information on your rights and financial assistance)
Prairie State Legal Services: call 630-690-2130 or visit https://www.pslegal.org/how-to-get-help/ (low-income FREE legal assistance)
Kane County Bar Association: call 630-762-1900
(Hire an attorney or “Ask a Lawyer" second Sat. of the month 9a-12p)
Illinois Legal Aid: https://www.illinoislegalaid.org (legal information)
Kane County Law Library & Self Help Legal Center: https://www.kclawlibrary.org/ (legal resources)
Illinois Housing Development Authority: https://www.ihda.org/ (rental assistance, housing)
The Neighbor Project/Financial Empowerment Center: 630-906-9400 www.cityofaurora.fec.org
(a FREE public service for anyone who lives in Illinois and is 18 years or older. Works to improve economic mobility by providing guidance to individuals and families to build credit scores, reduce debt, increase savings, access public support and access safe and affordable banking products.)
Illinois Department of Commerce: 2-1-1 helpillinoisfamilies.com (help with rent, utility, and food assistance and more)
Illinois COVID Housing and Economic Loss Prevention: covidhelpillinois.org (24/7 free automated help for people facing housing and other problems during the pandemic)
Interested in becoming a mediator? Apply using this form. If you have any other questions, please reach out to Christina