Eviction court can be a last stop for folks trying to stay in their homes or clear their name and find a new place to live.
For this story, defendants’ names were changed since they continue to challenge their cases in court.
Paul showed up at the Winnebago County Courthouse for his eviction case with no representation. The 83-year-old was heading to the exit, down the hallway after his hearing.
“They really know how to ream your . . . ,” he said. “Pardon my French, but I'm pissed off.”
He was visibly upset that his case wasn’t settled in this hearing but instead another court appearance was scheduled at a later date to give him time to apply for the Illinois court-based rental assistance program. Qualifying applicants can receive up to $25,000 in emergency rental payments. He said he’s past due four months in rent.
Sarah arrived at court with her husband. They’ve been married for less than a year, and the honeymoon period didn’t last for very long.
“In March we gave our 60-day notice because I had been in and out of mental health treatment,” Sarah said. “We couldn't afford to live there anymore.”
In Illinois, tenants are required to provide a notice that they intend to break the lease if their contract has no end date.
She said they promised to pay what they owed about $2,500 hoping it could avoid legal action from the landlord, but instead in April they received an eviction notice.
“And I'm like, ‘What am I supposed to do with this?’” Sarah said.
She says they both had low paying jobs and didn’t have any savings that could help to cover the rent while she was undergoing care. Previously, she worked as a paraprofessional working with special needs children.
She’s now a server.
She said making an appearance in court is about protecting her record.
“With an eviction on your name, you end up with that on your name for seven years,” she said. “And it's damn near impossible to find somewhere to live -- somewhere safe, especially out here.”
She said they applied for the rental assistance program but didn’t get buy-in from the property owners. The program requires landlords to fill out a part of the application.
A bill in Springfield would have sealed eviction records older than seven years, but it failed. Also, the bill would have sealed evictions when the case is dismissed or when the tenant wins the case.
Advocates say what people don’t understand is that an eviction filing doesn’t always mean someone was evicted.
Currently, it’s up to a judge’s discretion whether an eviction case is sealed.
Court officials tell WNIJ that during the pandemic, there was a decline in eviction cases due to the statewide moratorium in place, but since it’s been lifted the numbers are catching up to pre-pandemic levels.
Something else happened during that time.
“The number of apartments that are available is a lot less than it was before,” said Angie Walker, the City of Rockford’s Homeless Coordinator.
“And not only that, landlords have increased the prices a lot. And then in addition to that, they have really made it more difficult to get the units, they've increased, you know, they might have required twice the income as rent before where now they want triple the income to rent ratio.”
And due to that tight market, she said landlords often deny people who have evictions on their record.
“The one thing that the state has done recently, they did enact the law that prevents discrimination about source of income,” she said. “They're not supposed to say ‘no’ if your income is coming from a voucher, for example, they're supposed to take the value of that voucher towards your income, which we think you know, is going to be beneficial to the lower income population.”
The housing that is available tends to be in dilapidated condition.
“We have five leaks in the house for broken rafters and no roofer gets up on that roof because it's a sponge, it just sinks,” said John. He once again finds himself at eviction court. His landlord is trying to open an old eviction case, while he wants the owner to make repairs to the deteriorating home.
He says moving out is not really an option.
“It’d be easy to move, but where am I gonna go?” He said he’s lived in the home with his wife for 14 years and can’t afford to live somewhere else.
Other defendants complained about their homes in disrepair — broken refrigerators, heat problems, and leaks.
Judge Donald Shriver has presided over the eviction court since August. He said some tenants lose their cases because they didn’t notify their landlords properly about the needed repairs. He said if the landlord is not responsive, statute provides for the tenant to fix the issue and deduct the costs from the rent.
“What you can't do is complain about the condition and not pay rent,” Shriver said. “That doesn't work.”
Communicating with the landlord in writing is key, he said.
Back in court, the woman ended with a ruling in her favor.
“They're just taking possession and it's gonna be sealed,” Sarah said. “It went well, luckily.”
They now live separately with their respective families, but hope to save enough to be able to get a place of their own in the future.
