Jury demand abusive in Chicago eviction cases

[Patrick Pan]

Hi,

Most Chicago landlords probably heard of the jury demand tactic that tenants use to delay the eviction cases. I had one many years ago and luckily the rent was paid by the third party in the end. The case was dismissed. Now I'm facing another. Not sure what to expect. My attorney told me that very few jury demand cases actually go all the way to jury trial. Most settle before that (either agree on prolong stay or reduce the rent owe or both). What I don't understand is how the low income tenant attorney makes money. They'd better not try to collect from LL.

I've heard of the modification to stream line jury demand process by Cook county judges in 2015. Not sure about the details. 

Please share your experience. Any tips/advice is appreciated. 

Thank you,

[Ronan M.]

"What I don't understand is how the low income tenant attorney makes money. They'd better not try to collect from LL."

That is exactly what they do. How else do you think a tenant who cannot pay the rent can afford an attorney at $200 to $300 an hour.  If you don't want to go to trial and agree to settle the case it will include the fees for the tenants attorney.

You don't want to rent to a tenant that is broke, likewise attorneys don't want broke clients with no ability to pay. Attorneys take these cases knowing the property owner (or their insurance company) will end up paying their fees.

To avoid this...you need to make sure your case is ROCK solid and you win. If you have been counter sued and agree to settle you will be responsible for your attorney fees and the plaintiff's attorney fees plus any agreed damages as part of the settlement.

Been there, done that, its a nightmare.