Chapter 735 — CIVIL PROCEDURE

(735 ILCS 5/9-109) (from Ch. 110, par. 9-109) Sec. 9-109. Trial ex parte. If the defendant does not appear, having been duly summoned as herein provided the trial may proceed ex parte, and may be tried by the court, without a jury. (Source: P.A. 82-280.)

(735 ILCS 5/9-109.5) Sec. 9-109.5. Standard of proof. After a trial, if the court finds, by a preponderance of the evidence, that the allegations in the complaint have been proven, the court shall enter an eviction order in favor of the plaintiff. (Source: P.A. 100-173, eff. 1-1-…

(735 ILCS 5/9-109.6) Sec. 9-109.6. Residential eviction order; form. A standardized residential eviction order form, as determined by the Supreme Court, shall be used statewide. (Source: P.A. 100-173, eff. 1-1-18.)

(735 ILCS 5/9-109.7) Sec. 9-109.7. Stay of enforcement; drug related action. An eviction order entered in an action brought by a lessor or lessor's assignee, if the action was brought as a result of a lessor or lessor's assignee declaring a lease void pursuant to Section 11 of th…

(735 ILCS 5/9-110) (from Ch. 110, par. 9-110) Sec. 9-110. Judgment for whole premises - Stay of enforcement. If it appears on the trial that the plaintiff is entitled to the possession of the whole of the premises claimed, judgment for the possession thereof and for costs shall b…

(735 ILCS 5/9-111) (from Ch. 110, par. 9-111) Sec. 9-111. Condominium property. (a) As to property subject to the provisions of the "Condominium Property Act", approved June 20, 1963, as amended, when the action is based upon the failure of an owner of a unit therein to pay when …

(735 ILCS 5/9-111.1) Sec. 9-111.1. Lease to bona fide tenant. Upon the entry of an eviction order in favor of a board of managers under the Condominium Property Act, as provided in Section 9-111 of this Act, and upon delivery of possession of the premises by the sheriff or other …

(735 ILCS 5/9-112) (from Ch. 110, par. 9-112) Sec. 9-112. Judgment for part of premises. If it shall appear that the plaintiff is entitled to the possession of only a part of the premises claimed, the judgment shall be entered for that part only and for costs, and for the residue…

(735 ILCS 5/9-113) (from Ch. 110, par. 9-113) Sec. 9-113. Joinder of several tenants. Whenever there is one lease for the whole of certain premises, and the actual possession thereof, at the time of the filing of the action, is divided in severalty among persons with, or other th…

(735 ILCS 5/9-114) (from Ch. 110, par. 9-114) Sec. 9-114. Judgment against plaintiff. If the plaintiff voluntarily dismisses the action, or fails to prove the plaintiff's right to the possession, judgment for costs shall be entered in favor of the defendant. (Source: P.A. 82-280.…

(735 ILCS 5/9-115) (from Ch. 110, par. 9-115) Sec. 9-115. Dismissal as to part. The plaintiff may at any time dismiss his or her action as to any one or more of the defendants, and the jury or court may find any one or more of the defendants liable, and the others not liable, and…

(735 ILCS 5/9-116) (from Ch. 110, par. 9-116) Sec. 9-116. Pending appeal. If the plaintiff appeals, then, during and notwithstanding the pendency of such appeal, the plaintiff is entitled to enforce, or accept from the defendant or from any person claiming under him or her, perfo…

(735 ILCS 5/9-117) (from Ch. 110, par. 9-117) Sec. 9-117. Expiration of order. No eviction order obtained in an action brought under this Article may be enforced more than 120 days after the order is entered, unless upon motion by the plaintiff the court grants an extension of th…

(735 ILCS 5/9-118) (from Ch. 110, par. 9-118) Sec. 9-118. Emergency housing eviction proceedings. (a) As used in this Section: "Cannabis" has the meaning ascribed to that term in the Cannabis Control Act. "Narcotics" and "controlled substance" have the meanings ascribed to those …

(735 ILCS 5/9-119) Sec. 9-119. Emergency subsidized housing eviction proceedings. (a) As used in this Section: "FmHA" means the Farmers Home Administration or a local housing authority administering an FmHA program. "HUD" means the United States Department of Housing and Urban De…

(735 ILCS 5/9-120) Sec. 9-120. Leased premises used in furtherance of a criminal offense; lease void at option of lessor or assignee. (a) If any lessee or occupant, on one or more occasions, uses or permits the use of leased premises for the commission of any act that would const…

(735 ILCS 5/9-121) Sec. 9-121. Sealing of court file. (a) Definition. As used in this Section, "court file" means the court file created when an eviction action is filed with the court. (b) Discretionary sealing of court file. The court may order that a court file in an eviction …

(735 ILCS 5/9-121.5) Sec. 9-121.5. (Repealed). (Source: P.A. 102-5, eff. 5-17-21. Repealed internally, eff. 8-1-22.)

(735 ILCS 5/9-122) Sec. 9-122. COVID-19 emergency sealing of court file. (a) As used in this Section, "COVID-19 emergency and economic recovery period" means the period beginning on March 9, 2020, when the Governor issued the first disaster proclamation for the State to address t…

(735 ILCS 5/9-201) (from Ch. 110, par. 9-201) Sec. 9-201. Recovery of rent. The owner of lands, his or her executors or administrators, may sue for and recover rent therefor, or a fair and reasonable satisfaction for the use and occupation thereof, by a civil action in any of the…

(735 ILCS 5/9-202) (from Ch. 110, par. 9-202) Sec. 9-202. Wilfully holding over. If any tenant or any person who is in or comes into possession of any lands, tenements or hereditaments, by, from or under, or by collusion with the tenant, wilfully holds over any lands, tenements o…

(735 ILCS 5/9-203) (from Ch. 110, par. 9-203) Sec. 9-203. Holding over after notice. If any tenant gives notice of his or her intention to quit the premises which are held by him or her, at a time mentioned in such notice, at which time the tenant would have a right to quit by th…

(735 ILCS 5/9-204) (from Ch. 110, par. 9-204) Sec. 9-204. Rent in arrears - Re-entry. In all cases between landlord and tenant, where one-half year's rent is in arrears and unpaid, and the landlord or lessor to whom such rent is due has the right by law to re-enter for non-paymen…

(735 ILCS 5/9-205) (from Ch. 110, par. 9-205) Sec. 9-205. Notice to terminate tenancy from year to year. Except as provided in Section 9-206 and Section 9-207.5 of this Act, in all cases of tenancy from year to year, 60 days' notice, in writing, shall be sufficient to terminate t…

(735 ILCS 5/9-206) (from Ch. 110, par. 9-206) Sec. 9-206. Notice to terminate tenancy of farm land. Subject to the provisions of Section 16 of the Landlord and Tenant Act, in order to terminate tenancies from year to year of farm lands, occupied on a crop share, livestock share, …

(735 ILCS 5/9-206.1) Sec. 9-206.1. Life tenancy termination; farmland leases. (a) Tenancies from year to year of farmland occupied on a crop share, livestock share, cash rent, or other rental basis in which the lessor is the life tenant or the representative of the life tenant sh…

(735 ILCS 5/9-207) (from Ch. 110, par. 9-207) Sec. 9-207. Notice to terminate tenancy for less than a year. (a) Except as provided in Section 9-207.5 of this Code, in all cases of tenancy from week to week, where the tenant holds over without special agreement, the landlord may t…

(735 ILCS 5/9-207.5) Sec. 9-207.5. Termination of bona fide leases in residential real estate in foreclosure. (a) A mortgagee, receiver, holder of the certificate of sale, holder of the deed issued pursuant to that certificate, or, if no certificate or deed was issued, the purcha…

(735 ILCS 5/9-208) (from Ch. 110, par. 9-208) Sec. 9-208. Further demand. Where a tenancy is terminated by notice, under either of the 2 preceding sections, no further demand is necessary before bringing an action under the statute in relation to eviction or ejectment. (Source: P…

(735 ILCS 5/9-209) (from Ch. 110, par. 9-209) Sec. 9-209. Demand for rent - eviction action. A landlord or his or her agent may, any time after rent is due, demand payment thereof and notify the tenant, in writing, that unless payment is made within a time mentioned in such notic…

(735 ILCS 5/9-210) (from Ch. 110, par. 9-210) Sec. 9-210. Notice to quit. When default is made in any of the terms of a lease, it is not necessary to give more than 10 days' notice to quit, or of the termination of such tenancy, and the same may be terminated on giving such notic…

(735 ILCS 5/9-211) (from Ch. 110, par. 9-211) Sec. 9-211. Service of demand or notice. Any demand may be made or notice served by delivering a written or printed, or partly written and printed, copy thereof to the tenant, or by leaving the same with some person of the age of 13 y…

(735 ILCS 5/9-212) (from Ch. 110, par. 9-212) Sec. 9-212. Evidence of service. When such demand is made or notice served by an officer authorized to serve process, the officer's return is prima facie evidence of the facts therein stated, and if such demand is made or notice serve…

(735 ILCS 5/9-213) (from Ch. 110, par. 9-213) Sec. 9-213. Expiration of term. When the tenancy is for a certain period, and the term expires by the terms of the lease, the tenant is then bound to surrender possession, and no notice to quit or demand of possession is necessary. (S…

(735 ILCS 5/9-213.1) (from Ch. 110, par. 9-213.1) Sec. 9-213.1. Duty of landlord to mitigate damages. After January 1, 1984, a landlord or his or her agent shall take reasonable measures to mitigate the damages recoverable against a defaulting lessee. (Source: P.A. 84-1043.)

(735 ILCS 5/9-214) (from Ch. 110, par. 9-214) Sec. 9-214. Lease defined. The term "lease," as used in Part 2 of Article IX of this Act, includes every letting, whether by verbal or written agreement. (Source: P.A. 82-280.)

(735 ILCS 5/9-215) (from Ch. 110, par. 9-215) Sec. 9-215. Remedies available to grantee. The grantees of any leased lands, tenements, rents or other hereditaments, or of the reversion thereof, the assignees of the lessor of any lease, and the heirs, legatees and personal represen…

(735 ILCS 5/9-216) (from Ch. 110, par. 9-216) Sec. 9-216. Remedies available to lessee. The lessees of any lands, their assigns or personal representatives, shall have the same remedy, by action or otherwise, against the lessor, his or her grantees, assignees or his, her or their…

(735 ILCS 5/9-217) (from Ch. 110, par. 9-217) Sec. 9-217. Rent recoverable by representative, from subtenant. When a tenant for life demises any lands and dies on or after the day when any rent becomes due and payable, his or her executor or administrator may recover from the sub…

(735 ILCS 5/9-218) Sec. 9-218. Rent payments at business office. (a) If the lessor, or agent of the lessor, of residential real property, containing 100 or more residential units in either a single building or a complex of buildings, maintains a business office on the premises of…

(735 ILCS 5/9-301) (from Ch. 110, par. 9-301) Sec. 9-301. Property subject to distraint. In all cases of distress for rent, the landlord, by himself or herself, his or her agent or attorney, may seize for rent any personal property of his or her tenant that may be found in the co…

(735 ILCS 5/9-302) (from Ch. 110, par. 9-302) Sec. 9-302. Filing of distress warrant with inventory. The person making such distress shall immediately file with the clerk of the circuit court a copy of the distress warrant, together with an inventory of the property levied upon. …

(735 ILCS 5/9-303) (from Ch. 110, par. 9-303) Sec. 9-303. Summons and return. Upon the filing of such copy of distress warrant and inventory, the clerk shall issue a summons against the party against whom the distress warrant has been issued, returnable as summons in other civil …

(735 ILCS 5/9-304) (from Ch. 110, par. 9-304) Sec. 9-304. Notice to non-residents. When it appears, by affidavit filed in the court where such proceeding is pending, that the defendant is a nonresident or has departed from this state, or on due inquiry cannot be found, or is conc…

(735 ILCS 5/9-305) (from Ch. 110, par. 9-305) Sec. 9-305. Proceedings - Pleading. The action shall thereafter proceed in the same manner as in case of attachment before the court. It shall not be necessary for the plaintiff in any case to file a complaint, but the distress warran…

(735 ILCS 5/9-306) (from Ch. 110, par. 9-306) Sec. 9-306. Counterclaim - Defenses. The defendant may file a counterclaim as in other civil actions or other defense which would have been proper if the action had been for the rent, and with like effect. (Source: P.A. 82-280.)

(735 ILCS 5/9-307) (from Ch. 110, par. 9-307) Sec. 9-307. Judgment for plaintiff. If the plaintiff recovers, judgment shall be entered in favor of plaintiff, for the amount which the court finds to be due the plaintiff. (Source: P.A. 82-280.)

(735 ILCS 5/9-308) (from Ch. 110, par. 9-308) Sec. 9-308. Effect of judgment against defendant. After the defendant is served with process or appears in the action, the judgment shall have the same force and effect as if served by summons, and the judgment may be enforced, not on…

(735 ILCS 5/9-309) (from Ch. 110, par. 9-309) Sec. 9-309. Judgment by default. When publication of notice, as provided by law, but the defendant is not served with process and does not appear, judgment by default may be entered, and the plaintiff may recover the amount due him or…

(735 ILCS 5/9-310) (from Ch. 110, par. 9-310) Sec. 9-310. Judgment in favor of defendant - Counterclaim. If the judgment is in favor of the defendant, the defendant shall recover costs and judgment shall be entered for the return to the defendant of the property distrained, unles…