Illinois Legal Aid
[Date][Address]Re:[Name and address]Dear Owner / Property Management:I am a tenant in a building that you own and/or manage. I am writing to advise you that the Notice to Vacate you issued to me on [date], is invalid and violates the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act, Public L. No. 116-136. I demand that you immediately rescind the Notice to Vacate and desist from initiating further unlawful attempts to terminate my tenancy.As you may be aware, the CARES Act was enacted by Congress on March 27, 2020, and provides a number of relief measures designed to protect public health and economic security during the COVID-19 pandemic. In particular, the CARES Act prohibits landlords of “covered properties” from (1) filing an eviction action for nonpayment of rent, fees, or other charges until at least July 26, 2020; (2) imposing fees, charges, or penalties for nonpayment through July 26, 2020; and (3) issuing a notice to vacate until at least July 26, 2020. Furthermore, any notice to vacate issued after July 26, 2020, must provide at least thirty days’ notice and cannot require the tenant to vacate prior to August 25, 2020. See Coronavirus Aid, Relief, and Economic Security Act, H.R. 748, 116th Cong. § 4024 (2020) (“CARES Act § 4024”).Because I am a [participant in the federal Housing Choice Voucher program / resident in a building subsidized by the federal government / resident of public housing / resident in a unit covered by a federally backed mortgage], my household qualifies as a “covered property” subject to the CARES Act. See CARES Act § 4024(a)(2)(A)(i). Accordingly, the Notice to Vacate you issued on [date], violates the moratorium on lease terminations and evictions imposed by the CARES Act. Pursuant to the CARES Act, you may not issue a Notice to Vacate to me until at least July 26, 2020. Filing any eviction action based on the Notice to Vacate will result in your case being dismissed as a premature action in violation of the CARES Act.Please confirm by [date] that the Notice to Vacate has been rescinded, effective immediately, and that you will desist from any efforts to terminate my lease until at least July 26, 2020. Sincerely,[Name, address, phone number, and email] ................
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