Understanding Eviction Court: One-Time Right to Cure and Dismiss Case
During an eviction case, a tenant has a one-time "right to cure." This is a special rule in Cook County for eviction cases that were filed because of nonpayment of rent.
How to Cure: At any time before the judge enters an eviction order, a tenant can still make things right. To cure, the tenant must pay all the rent owed, the landlord's filing fees (about $600), and the cost of serving the tenant. Section 42-805(F) of the Cook County RTLO.
But remember, the payment doesn't include the landlord's lawyer fees.
What Happens After Cure: If the tenant pays the full amount owed, including the extra fees, the court will stop the eviction and dismiss the case. Then, the tenant can keep living in their home. The landlord would have to start the eviction process again.
Dealing with Uncooperative Landlords: Sometimes landlords won't tell you exactly how much you owe. In that case, you can still use the Right to Cure by making a payment you believe is fair. This way, you won't be denied the chance to fix the problem just because your landlord won't cooperate.
The above article provides information about legal issues but is not the same as legal advice. Legal advice is when a lawyer applies the law to your specific situation. The information in this article does not replace the advice or representation of a licensed attorney. Law Center for Better Housing cannot guarantee the accuracy or completeness of the information in this article and is not responsible for any consequences that may result from using it. You should consult with a licensed attorney to ensure the information in this article is appropriate for your specific situation. Using the information in this article does not create a relationship between Law Center for Better Housing and you as your attorney.