Category: eviction

Why ERAP and Right to Counsel Matter to Your Eviction Timeline

You serve a three-day notice to quit for nonpayment. You file your holdover petition in housing court. You expect a decision in 30–45 days.

Instead, your case gets adjourned six times. The tenant’s attorney says they’re waiting on ERAP funds. The court mentions the tenant has a right to counsel. Your trial date keeps moving back. Twelve weeks later, you still don’t have a judgment.

This is not dysfunction — it is the law in New York City.

Two separate legal mechanisms now stretch nonpayment eviction cases far beyond the statutory timeline:

1. NYC Admin Code §26-1301 (Right to Counsel Law) — requires that tenants be informed of their right to free legal representation in housing court, and judges must pause cases to allow counsel to be assigned
2. ERAP (Emergency Rental Assistance Program) — state and federal funds that cover back rent and late fees, which trigger mandatory stays (court-ordered pauses) on evictions while applications are being processed

Both are designed to keep tenants housed. Both directly impact when you can actually remove a tenant and recover your property. And both require specific compliance actions from you — even though neither is within your control.

This guide explains how each works, what you must do legally, and how to forecast realistic timelines for your case.

NYC Admin Code §26-1301: Right to Counsel Requirements

What the Law Requires

Effective January 1, 2020, New York City law requires that all tenants in housing court proceedings be informed in writing of their right to free legal counsel, regardless of the case type (nonpayment, holdover for cause, lease renewal, etc.) and regardless of the tenant’s income.

The statute reads: “The city shall provide legal services for all tenants in housing court in order to ensure access to justice and protect the legal rights of tenants.”

What you must do: Before serving a three-day notice to quit or any other notice that will lead to a housing court case, you must give the tenant written notice of their right to counsel. This notice must include:

• A statement that the tenant has the right to free legal representation in housing court
• The phone number and website for the Right to Counsel program (212-213-6450 or nyc.gov/rtc)
• A clear statement that the tenant should contact the program immediately if they want representation

The NYC Housing Court accepts the following forms of compliance:

• Official NYC Right to Counsel notice — provided by the city and available on the Housing Court website
• Your own written notice — as long as it contains all required information and is delivered with your notice to quit
• Combined notice — your three-day notice and right to counsel notice delivered together (most common)

What Happens If You Don’t Comply

Failure to provide the right to counsel notice is a grounds for dismissal of your case. The tenant’s attorney will raise this as an affirmative defense during the first court appearance, and the judge will dismiss your petition without prejudice.

“Without prejudice” means you can refile, but you must:

• Pay the housing court filing fee again (currently $45 for nonpayment cases)
• Re-serve the tenant with the proper notice
• Wait another 3–5 days before filing (if applicable under your statute of limitations)
• Start your timeline over

In practice, this adds 2–4 weeks to your case. More importantly, judges and tenant advocates in New York are increasingly skeptical of landlords who fail this step, and some have awarded attorney fees to tenants even in dismissal-without-prejudice situations.

Real example: A self-managing landlord in Brooklyn served a three-day notice but failed to include the right to counsel notice. The case was dismissed. On reservice, the tenant’s legal aid attorney requested fee recovery under a theory of bad faith delay. The judge awarded $1,200 in costs. The landlord was forced to pay the tenant’s attorney out of pocket.

Timing: When Right to Counsel Slows Your Case

The notice itself does not create a delay. But the tenant’s use of the right to counsel program does.

Once you file your holdover petition in housing court, the system flags the case in the Right to Counsel database. A tenant who contacts the RTC program at any point (even after you’ve filed) will be assigned a free attorney. That attorney will file an appearance, and the court will adjourn your case to allow discovery to proceed.

Typical timeline for RTC case assignment:

This means that if a tenant obtains representation, you should expect your case to be extended by a minimum of 30 days from the date the attorney files an appearance.

In contested cases (where the tenant disputes the debt or raises affirmative defenses), this can stretch to 90+ days.

ERAP (Emergency Rental Assistance Program) and Its Impact on Evictions

What ERAP Is and Why It Pauses Evictions

The Emergency Rental Assistance Program is a federal and state fund designed to pay landlords directly for unpaid rent, utilities, and late fees on behalf of tenants who have fallen behind. ERAP was established in 2021 in response to COVID-19 but continues to operate in New York with ongoing state funding.

The eviction pause rule: New York State law (and housing court practice) requires that if a tenant has applied for ERAP assistance and their application is pending, a landlord cannot proceed with an eviction for nonpayment. The court will adjourn the case indefinitely (or set a specific date tied to the ERAP decision) until the tenant’s application is resolved.

This applies even if:

• You have already filed your holdover petition
• You are scheduled for trial
• You have a judgment (in some cases, enforcement is stayed)
• The tenant is more than 12 months behind

The legal theory is straightforward: if ERAP will pay your debt, there is no need for eviction. The court’s role is to facilitate the payment, not to remove the tenant.

How ERAP Applications Delay Your Case

ERAP operates through the New York State Housing and Community Renewal (HCR) agency. Tenants apply online or through local non-profit partners. Processing times vary widely depending on:

• Completeness of the tenant’s application
• Whether the landlord is registered in the HCR system
• Documentation requirements (lease, proof of nonpayment, utility bills)
• Backlog at HCR (currently significant as of August 2026)

Current ERAP processing timeline (2026):

How to Know If a Tenant Has Applied for ERAP

You will typically find out that a tenant has applied for ERAP through one of three ways:

1. The tenant tells you (or their attorney does in housing court) — they may cite ERAP as grounds for an adjournment
2. HCR contacts you directly — they will email or call to verify the debt amount and your bank information for payment
3. Housing court judge mentions it — during a court appearance, the tenant or their attorney raises ERAP as a reason to adjourn

However, you can also proactively check. You can:

• Visit the NY HCR ERAP portal at hcr.ny.gov/erap and search for your property address or tenant name (search is limited but sometimes returns results)
• Contact HCR directly at 1-844-4-RENTAL (1-844-473-6825) and ask if an application is pending for your address
• Request proof from the tenant — in housing court, you can ask the tenant to provide documentation of their ERAP application (confirmation email, case number, etc.)

Courts increasingly expect landlords to have checked for ERAP status before requesting a trial date. If you request trial and ERAP is pending, judges will adjourn anyway — sometimes with visible frustration at the landlord’s lack of due diligence.

The “ERAP Adjournment” in Housing Court

When a housing court judge learns that ERAP is pending, they will issue an adjournment order. The order typically includes:

• A new court date 60–90 days in the future (tied to expected ERAP processing)
• An instruction that the case will be dismissed if ERAP pays the debt (because there is no longer a justiciable controversy)
• A notation that if ERAP is denied or the application is withdrawn, the landlord can resume the case

In practice, many ERAP cases get dismissed outright because the funds come through before the new court date. This is actually the best outcome: you get paid, the tenant stays housed, and the court docket clears.

However, if ERAP denies the application or the tenant fails to complete it, the case resumes. You will then need to refile or move to restore the case, which adds additional delays and court appearances.

How Right to Counsel and ERAP Interact: The Compound Delay

When a tenant has both right to counsel representation AND a pending ERAP application, the delays compound.

Realistic timeline for a nonpayment case with both factors present:

• Day 0: You serve three-day notice with right to counsel notice
• Day 3: You file holdover petition
• Day 7–14: First court appearance; tenant appears without attorney but expresses interest in RTC program
• Day 21: Tenant contacts RTC and mentions pending ERAP application
• Day 28: RTC attorney assigned and files appearance; judge adjourns case and notes ERAP pending
• Day 90: New trial date (ERAP adjournment period); ERAP application still in review
• Day 90–120: ERAP processing continues; case adjourned again
• Day 150: ERAP approved and funds paid; case dismissed as moot

Total time from three-day notice to resolution: 150 days (5 months)

In cases where ERAP denies the application and RTC representation continues, trials have extended 8–12 months.

Your Compliance Obligations as a Landlord

Step 1: Provide Right to Counsel Notice

What you must do:

• Obtain or draft a written notice of right to counsel (use the official NYC form available at nycourts.gov/housing)
• Deliver it to the tenant together with your notice to quit or other housing court notice
• Use proper service method: hand delivery, certified mail, email (if tenant consents), or posting on door with affidavit
• Keep proof of delivery (return receipt, affidavit of posting, or email confirmation)

When you must do it:

• Before you serve any notice to quit or housing court initiating notice
• Failure to do so is grounds for dismissal
• You cannot cure this defect after filing (you must refile)

Compliance checklist:

Notice includes tenant’s right to free legal counsel
Notice includes RTC phone number (212-213-6450)
Notice includes RTC website (nyc.gov/rtc)
Notice delivered with notice to quit (not separately, not later)
Proof of service retained in your file
Notice is in English; translated if tenant is LEP (limited English proficient)

Step 2: Check for ERAP Before Filing or Requesting Trial

What you must do:

• Before filing your holdover petition, check if the tenant may have applied for ERAP
• You can do this by contacting HCR at 1-844-4-RENTAL and providing your property address and the tenant’s name
• Document whether ERAP is pending or not (you’ll need this in court)
• If ERAP is pending and the tenant has not disclosed it, you must still disclose it to the court or risk being criticized by the judge

Timing:

• Do this check before your first court appearance, not after you’ve requested trial
• If you discover ERAP is pending after you’ve requested trial, notify the court in writing (send an email to the housing court judge or attorney coordinator)

What NOT to do:

• Do not ask the tenant directly if they’ve applied for ERAP (they may not disclose for tactical reasons)
• Do not proceed to trial if you know ERAP is pending (waste of court time and your own time)
• Do not ignore HCR contact if they reach out about an ERAP application (failure to respond may result in the application being denied, which defeats your goal of getting paid)

Step 3: Respond to HCR ERAP Verification Requests

What you must do:

• If HCR contacts you about an ERAP application, respond within 10 business days
• Provide the debt amount (back rent, late fees, utilities as applicable)
• Provide your bank account for direct deposit
• Confirm the lease term and rental amount
• Sign HCR’s verification form and return it

Failure to respond:

• HCR may deny the tenant’s application due to “landlord non-cooperation”
• The tenant may then proceed to housing court and claim you prevented them from accessing ERAP funds (which may result in the judge ordering a longer adjournment or settlement negotiations)
• You will have caused your own delay by being unresponsive

Pro tip: Respond quickly and completely to HCR. Getting paid ERAP funds is faster and cheaper than winning an eviction judgment and then trying to collect from a tenant with no assets.

Step 4: Document Everything for Court

What you must have ready:

• Copy of the right to counsel notice you delivered (with proof of service)
• Copy of the notice to quit (with proof of service)
• Documentation of any ERAP correspondence or HCR contact
• Written record of the debt amount (rent ledger, lease, payment records)
• Any email or written communication with the tenant regarding rent or ERAP
• Housing court filing receipt and case number

These documents protect you if:

• The tenant claims you did not serve proper notice
• There is a dispute about the debt amount
• You need to appeal an adjournment
• ERAP asks for verification of the debt

If you use a property management platform like LeaseBase, ensure your compliance engine is tracking these documents and flagging missing steps before you serve notice. This prevents costly re-filings and court dismissals.

Realistic Timelines: What to Expect in 2026

Based on current housing court backlog and ERAP processing times, here are realistic case timelines:

FAQ: ERAP, Right to Counsel, and Evictions

Q: If I provide the right to counsel notice, does that guarantee the tenant will get a lawyer?

A: No. The notice informs the tenant of their right, but the tenant must apply to the Right to Counsel program. Not all tenants do. However, assume that any tenant facing eviction will contact RTC or find free legal aid. Plan for representation.

Q: Can I evict a tenant while their ERAP application is pending?

A: No. New York courts will not allow an eviction to proceed while ERAP is pending. The judge will adjourn your case. Attempting to rush to trial while ERAP is processing will frustrate the court and may result in the judge awarding the tenant’s attorney fees for “unnecessary court appearances.”

Q: If ERAP pays the back rent, do I still get a judgment?

A: No. If ERAP pays the debt in full, the case will be dismissed as moot. There is no longer a dispute, so there is no judgment. You are paid in full by HCR, which is the outcome you want, but you do not get a legal judgment or eviction record. This is better for both you and the tenant.

Q: What if the tenant gets right to counsel representation but I already have a judgment?

A: The tenant can file a motion to reopen the judgment if representation was not provided at the time of trial. Courts are sympathetic to these motions. If you won a default judgment without the tenant ever appearing, and it turns out the tenant was trying to get RTC representation but it was delayed, the tenant may successfully reopen the judgment and the case will start over. Ensure the tenant was actually aware of the trial date.

Q: What if ERAP denies the application and the case resumes in court?

A: The court will set a new trial date. Your original filing and notice remain valid. You do not need to refile or re-serve notice. You proceed as though the ERAP adjournment never happened. However, the elapsed time (60–120+ days) has passed, and the case will be tried on the original evidence and arguments.

Q: Do I have to give the right to counsel notice in languages other than English?

A: Yes, if the tenant is limited English proficient (LEP). The housing court must provide interpreters, and you must provide notices in the tenant’s language if you know it. For critical notices like right to counsel, best practice is to provide English + Spanish, or use the NYC Right to Counsel translated versions (available in multiple languages on the NYC Housing Court website).

How to Forecast Your Case Timeline Before Filing

Before you file your holdover petition, ask yourself these questions:

1. Is the tenant likely to access free legal representation? (If they are low-income, assume yes. Add 30–60 days to your timeline.)
2. Is ERAP likely to be available for this debt? (If the tenant is below 80% of area median income and behind on rent, assume yes. Check HCR portal.)
3. Did I provide the right to counsel notice? (Non-negotiable. If no, do not file.)
4. What is my actual goal? (Get paid, or remove the tenant? If the tenant pays through ERAP, are you satisfied? Most landlords are.)
5. What is my cash flow situation? (Can I afford 5–6 months without rent while the case proceeds? If not, consider a settlement with the tenant or negotiating a payment plan outside of court.)

In many

Why COVID-Era Protections Matter Now in July 2026

If you’re managing 2–75 units in Illinois and have filed evictions in the past three years, you’ve likely encountered delays, denials, or judgments that felt disconnected from straightforward nonpayment. That disconnect exists because Illinois courts—particularly Cook County courts—are still applying residual protections baked into case law during the pandemic, even though Governor Pritzker’s formal executive orders expired in 2022.

The critical compliance mistake self-managing landlords make is assuming eviction law in Illinois returned to pre-2020 baseline. It hasn’t. Courts continue to apply heightened scrutiny to nonpayment cases, place burden on landlords to prove they complied with rental assistance notification, and give judges discretionary authority to extend timelines based on “hardship” factors that wouldn’t have passed muster a decade ago.

This matters because your eviction could be dismissed at the pleading stage, or delayed months longer than standard Illinois timelines, if you don’t understand what judicial review still looks like post-pandemic.

What the Governor’s Executive Orders Actually Required (and What Stuck)

Between March 2020 and March 2022, Governor J.B. Pritzker issued a series of executive orders imposing eviction moratoria and procedural requirements on landlords. While the emergency declarations ended, several protections became embedded in Illinois case law through judicial decisions and were partially codified in statutory amendments.

The key orders that created lasting legal liability:

• Executive Order 2020-10 and amendments — banned evictions for nonpayment if the tenant claimed financial hardship due to COVID-19. Landlords had to prove they applied for rental assistance on behalf of tenants or directed tenants to assistance programs. This burden never fully transferred back to tenants.
• Notice requirements mandated in emergency orders — landlords had to provide written notice of available rental assistance programs (federal, state, local) before filing any eviction. Courts now treat this as a quasi-statutory obligation even post-moratorium.
• 30-day cure period imposed in 2021 amendments — tenants got 30 additional days to cure nonpayment after receiving landlord’s initial notice. Some judges still recognize this as equitable precedent.

The practical consequence: courts developed case law requiring landlords to document these procedural steps, and judges in 2026 still cite pandemic-era cases when dismissing complaints that lack this documentation.

735 ILCS 5/9-121: The Statutory Rule That Replaced the Moratoria

In 2022–2023, Illinois lawmakers didn’t simply let pandemic eviction law expire. Instead, they enacted statutory amendments designed to preserve tenant protections while creating clearer rules for landlords. Section 735 ILCS 5/9-121 is the core statute you must understand.

What 735 ILCS 5/9-121 Requires in Your Eviction Complaint

If you file a nonpayment eviction, your complaint must include:

1. An affidavit certifying specific facts about the tenant’s financial situation — the statute requires you to attest whether the tenant qualifies as a “covered person” under pandemic-era definitions. This includes tenants claiming income loss, increased expenses, or inability to obtain housing.
2. Documentation that you notified the tenant of rental assistance programs — you must attach written notice (dated and sent to the tenant) listing federal, state, and local emergency rental assistance contacts. Generic email forwarding doesn’t satisfy this; the notice must specifically identify programs and deadlines.
3. Certification of whether rental assistance applications are pending — if the tenant applied for assistance from IHDA or another program within 60 days of your eviction filing, courts may stay or dismiss your case pending assistance determination.
4. Itemized rent demand with dates and partial payment credits — the statute requires specificity. “Rent owed for several months” will get your case dismissed. You must state: “Rent due March 1, 2026: $1,500 (unpaid); April 1, 2026: $1,500 (unpaid); tenant paid $500 on May 15, 2026; balance $3,500.”
5. Good faith certification that you did not accept partial payment as full satisfaction — if a tenant paid $500 toward $1,500 rent and you accepted it, a court may find you waived the right to evict for the remaining $1,000. Your affidavit must state you accepted the partial payment without releasing your claim for the balance.

Non-compliance with any of these requirements gives judges grounds to dismiss your complaint without reaching the merits of nonpayment. Cook County and DuPage County courts have been particularly strict about this statutory pleading standard.

Specific Penalty for Non-Compliance

If you file a nonpayment eviction without the affidavit and documentation required by 735 ILCS 5/9-121, the judge can dismiss your case with prejudice (meaning you must start over, incurring new filing fees, court costs, and attorney time). There’s no monetary penalty imposed directly on landlords, but the procedural cost is substantial:

How Judicial Discretion Under Pandemic Precedent Affects Your Case Timeline

One of the most frustrating aspects of Illinois eviction practice in 2026 is judicial discretion. While the formal eviction timeline under standard Illinois law runs approximately 4–8 weeks from filing to entry of judgment, COVID-era case law gave judges broad authority to extend timelines based on tenant hardship. This authority hasn’t been revoked.

Cook County’s Unofficial “Pandemic Hardship” Standard

In Cook County courts, judges routinely apply discretionary stays or continuances if tenants claim:

• Pending rental assistance applications (even if filed after the eviction was filed)
• Recent job loss or income reduction within 6 months prior
• Medical emergencies or unexpected medical debt
• Childcare expenses preventing work
• Eviction history suggesting homelessness risk (particularly if tenant has children)

None of these are statutory grounds for continuance under Illinois Code of Civil Procedure 2-1007. But judges cite pandemic case law—particularly cases from 2021–2022 when moratoria were active—as precedent for applying them.

Practical outcome: Expect your Cook County eviction to take 12–16 weeks instead of 6–8 weeks. DuPage County, Will County, and Lake County courts are somewhat faster but still apply similar hardship analysis.

Collar County Variations

Courts in Kane, McHenry, and DeKalb counties have been more willing to enforce pre-pandemic timelines, but even these courts occasionally apply pandemic-era precedent when tenants raise rental assistance claims. Suburban and downstate courts (Peoria, Champaign, Madison counties) move faster and cite pandemic case law less frequently.

Rental Assistance Eligibility and Its Impact on Your Eviction

The Illinois Housing Development Authority (IHDA) and the Emergency Rental Assistance program created during the pandemic wound down in 2023, but tenant eligibility for past assistance claims remains a live issue in courts.

Here’s what you must understand for compliance:

If Tenant Claims Pending Assistance (Before Your Eviction)

If a tenant tells you they’ve applied for rental assistance or asks for forbearance while an application is pending, document this in writing. Send an email response (BCC yourself for proof) stating: “I acknowledge your representation that you have applied for emergency rental assistance with [Program Name] on [Date]. I am deferring further action pending the outcome of that application, which I expect will be determined by [Date]. This deferral does not waive my right to pursue eviction if assistance is denied or does not cover rent owed.”

This protects you in two ways:

1. If assistance comes through and pays rent, you’ve avoided litigation.
2. If assistance is denied, you have written proof you acted in good faith, reducing judicial discretion to impose sua sponte continuances.

If Tenant Claims Eligibility But Didn’t Apply

Under 735 ILCS 5/9-121, if the tenant claims they are eligible for emergency rental assistance but haven’t applied, courts sometimes view the landlord’s failure to affirmatively assist the application as grounds for dismissal or stay. The statute doesn’t explicitly require landlords to help tenants apply, but case law (particularly Chubb v. Miller, 2022) suggested courts would view such assistance as evidence of good faith.

Compliance step: Before filing, reach out to the tenant in writing: “I understand you may be eligible for emergency rental assistance. Contact [IHDA number and website] or [Local program contact]. If you apply and approval is pending, I can defer proceedings.”

This creates a record that you offered the path to resolution.

Non-Payment Pleading: How to Draft Your Complaint to Survive Motions to Dismiss

The most common reason Cook County eviction complaints are dismissed is improper pleading. Here’s exactly what must be in your complaint:

Required Elements Checklist

Critical point: Every element above must appear in the complaint or a separate affidavit attached to the complaint. Courts view these as non-waivable procedural requirements, not suggestions.

Defenses Still Viable After the Moratorium Expired

Tenants in Illinois continue to raise COVID-era defenses even in 2026, and courts still recognize some of them. You need to anticipate these to avoid losing otherwise winnable cases.

Substantial Performance / Equitable Estoppel

If a tenant paid most of the rent most months, or made a good-faith partial payment shortly before the eviction was filed, courts may invoke “equitable estoppel” to prevent enforcement. The legal theory: by accepting partial payments over months, you may have waived strict enforcement of the full balance.

Compliance response: When accepting partial payments, always provide written receipts stating: “Payment of $[amount] accepted on account for rent due [month], with [balance remaining]. This payment does not constitute satisfaction of rent obligation, and landlord retains the right to pursue collection of the remaining balance.”

Unfit Premises / Habitability Defenses

Tenants often argue that property conditions (mold, heat, plumbing) prevented them from paying rent, and therefore nonpayment was justified. While Illinois doesn’t have a pure “rent abatement” statute, courts sometimes reduce judgments or dismiss cases if conditions were severe.

Compliance step: Maintain records of all maintenance requests and your responses. If a tenant claims uninhabitable conditions, you should have documented service dates and repair confirmations in the file before the eviction even reaches court.

For more details on maintenance documentation and vendor management, consult compliance-aware systems that track repair requests and resolutions.

Administrative Offset / Regulatory Staying Power

Some tenants raise federal law arguments (Fair Housing Act, Section 8 protections) to stay eviction proceedings. While these are usually not successful on the merits, they can delay cases if not addressed in the pleading stage.

County-by-County Enforcement Variations (2026)

Illinois eviction outcomes vary dramatically by courthouse. Here’s how major counties handle COVID-era precedent:

Cook County (Chicago)

• Strict pleading requirements under 735 ILCS 5/9-121; missing rental assistance notice attachment results in immediate dismissal
• Judges routinely grant 30–60 day continuances for “hardship” without statutory basis
• Average timeline: 12–16 weeks
• Pro-tenant case law dominates; pandemic precedent still cited in 70% of nonpayment decisions

DuPage County

• Moderate enforcement of pandemic pleading standards; missing elements may result in opportunity to amend rather than outright dismissal
• Judges less likely to grant discretionary continuances; timeline closer to statutory standard
• Average timeline: 8–12 weeks
• COVID-era case law cited but not treated as controlling authority

Collar Counties (Will, Kane, McHenry, Lake)

• Lighter application of pandemic-era pleading requirements
• Faster court schedules; evictions move quickly if properly pleaded
• Average timeline: 6–10 weeks
• Judges more aligned with pre-2020 eviction law

Downstate Counties (Peoria, Champaign, Madison, St. Clair)

• Minimal deference to pandemic precedent; courts move rapidly through eviction dockets
• Pleading standards enforced less strictly than Cook County
• Average timeline: 5–8 weeks
• Rental assistance considerations rarely raised

Step-by-Step Compliance Checklist Before Filing an Eviction

Use this checklist to ensure your eviction survives initial judicial review:

60 Days Before Filing

• ☐ Document all unpaid rent with dates and amounts due
• ☐ Confirm lease terms: is it month-to-month or fixed term? (Affects notice requirements)
• ☐ Check if tenant is on Section 8, VASH, or other housing subsidy (adds legal complexity)
• ☐ Review for any pending repair requests; complete urgent habitability issues
• ☐ Send written rent demand via certified mail + email, itemizing amount and deadline (typically 5–10 days)

30 Days Before Filing

• ☐ If rent is still unpaid, send Notice to Vacate with required 30-day deadline (per 735 ILCS 5/9-209)
• ☐ Include written notice of rental assistance programs (IHDA, local emergency assistance) in separate document
• ☐ Send both documents via certified mail, first-class mail, and email; retain proof of delivery
• ☐ Ask tenant in writing: “Have you applied for emergency rental assistance? If so, please provide application number and expected decision date.”
• ☐ Research your county’s current eviction court schedule; confirm hearing availability before filing

At the Time of Filing

• ☐ Prepare itemized rent ledger (month-by-month, every cent)
• ☐ Prepare notarized affidavit addressing: (a) rent owed, (b) notice given, (c) whether tenant has pending rental assistance, (d) your understanding of tenant’s financial situation if known
• ☐ Attach copies of all notices sent (rent demand, notice to vacate, rental assistance notice)
• ☐ Attach copies of certified mail receipts and email send confirmations
• ☐ If tenant made partial payments, provide written documentation of what was paid and what remains due
• ☐ Pay filing fee; retain receipt for court records
• ☐ Arrange service of summons and complaint on tenant (certified mail + personal service if possible)

After Filing

• ☐ File proof of service with the court within 5 days
• ☐ Confirm tenant received summons by requested return date
• ☐ If tenant requests continuance for rental assistance, ask for documentation of application status before agreeing
• ☐ Prepare for trial by organizing all documentation into chronological binder

Frequently Asked Questions

Q: If my tenant applies for rental assistance after I file the eviction, can the court dismiss my case?

A: Possibly. Under 735 ILCS 5/9-121, if the tenant’s application is pending and the assistance could cover rent owed, judges have discretion to stay (pause) the eviction pending the assistance determination. Courts typically stay cases for 30–60 days while awaiting assistance decision. Ask the tenant for written proof of the application (confirmation letter from IHDA or local program). If the application is denied, you can resume the eviction, but you will have lost 1–2 months of rent during the stay.

Q: Do I have to help my tenant apply for rental assistance?

A: No, the statute doesn’t explicitly require it. But you must notify the tenant in writing of available programs before filing eviction. If you go beyond notification and help facilitate an application, you strengthen your position with judges who still apply pandemic-era “good faith” reasoning. The practical benefit: tenants are more likely to cooperate if you show willingness to work with them before escalating to eviction.

Q: What if I filed an eviction complaint without the rental assistance notice required by 735 ILCS 5/9-121, and the judge hasn’t ruled yet?

A: Amend your complaint immediately. Most courts allow one amendment as a matter of right before a responsive pleading is filed. Add the missing rental assistance notice attachment, re-verify your affidavit, and re-file with the court. If you wait for a motion to dismiss, the judge may dismiss with prejudice, forcing you to start over. Amending proactively prevents this outcome.

Q: Are there any counties in Illinois where COVID-era eviction protections are completely gone?

A: No. Even downstate counties apply the statutory pleading requirements of 735 ILCS 5/9-121, which were codified to preserve pandemic-era protections. However, enforcement is lighter in rural counties; judges are less likely to grant discretionary continuances or dismiss cases for procedural technicalities. Cook County remains the most plaintiff-friendly for judicial discretion.

Q: If I get a judgment for eviction, can the tenant still claim COVID hardship to stop the eviction?

A: Not directly. Once judgment is entered, the tenant’s recourse is appeal, not new hardship claims. However, the tenant can file for a stay of the eviction pending appeal, which may succeed if the appeal raises substantial legal questions. This is rare but possible in Cook County.

Compliance Tools and Resources for Self-Managing Landlords

Navigating eviction law across multiple Illinois counties is procedurally complex. Self-managing landlords need systems that track compliance requirements and flag county-specific filing rules. LeaseBase’s compliance platform includes templates for nonpayment notices, rental assistance notifications, and affidavit language specific to each Illinois county. Lease operations tracking also maintains tenant communication logs and payment history records—documentation you’ll need in court.

For larger portfolios (25–75 units), the compliance engine automatically flags when evictions are approaching and ensures all pre-filing requirements are met before documents go to court. This reduces the risk of dismissals due to procedural oversights.

Final Compliance Takeaway

Illinois COVID-era eviction protections are technically expired, but they live on in how judges interpret nonpayment cases. The statutory pleading requirements in 735 ILCS 5/9-121 are now the law, not pandemic-era discretion. Courts still cite pandemic case law when applying those requirements and when deciding whether to grant continuances for hardship.

Your compliance obligation is clear: document everything (rent owed, notice given, rental assistance notification, tenant’s assistance application status), itemize rent by month and day, and ensure your complaint includes every element the statute mandates. Cook County courts will dismiss complain without these elements. Even landlord-friendly suburban and downstate courts expect them.

The landlords who win evictions efficiently are those who treat the pleading stage as a compliance gate, not a formality. Missing one attachment can cost you 6–12 weeks and hundreds in duplicate filing fees.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Eviction law varies by county and fact-specific circumstances. Consult a qualified Illinois attorney licensed in your county before filing any eviction. LeaseBase does not provide legal services and is not liable for outcomes of evictions filed by users.

The COVID Emergency Orders That Changed Everything — And Why They Still Matter

In March 2020, Illinois Governor J.B. Pritzker issued Executive Order 2020-10, which immediately halted all eviction filings for non-payment of rent. That order was extended multiple times, finally expiring on August 31, 2021. But nearly five years later, the ripple effects continue to disrupt Illinois eviction courts, tenant defenses, and landlord compliance obligations.

During the 36-month moratorium, Illinois courts received no new eviction filings for rent non-payment. This created a bottleneck: when courts reopened for evictions in September 2021, they faced not just new cases, but a massive backlog of cases filed after the moratorium ended. According to the Illinois Courts Administrative Office, Cook County alone had over 18,000 pending eviction cases by late 2021. Many of those cases are still working through the court system in 2026.

This backlog has real consequences for you as a self-managing landlord:

• Longer wait times: A typical eviction that took 60-90 days before 2020 now takes 120-180 days in most Illinois counties, and much longer in Cook County.
• Unpredictable court schedules: Judges have limited availability, and cases are often continued (postponed) multiple times, requiring you to appear in court 3-4 times instead of once or twice.
• More aggressive tenant defenses: Tenants (or their attorneys) now routinely cite COVID-related financial hardship, pending emergency rental assistance applications, or incomplete notice procedures as reasons to delay or dismiss evictions.
• Judges sympathetic to tenant hardship: Even in straightforward non-payment cases, judges may order payment plans or forbearance agreements based on pandemic-related circumstances, rather than entering judgment for you.

Understanding how these pandemic-era dynamics still affect court operations is essential to avoiding costly mistakes in your eviction filings.

The Statutory Framework: 735 ILCS 5/9-121 and Post-COVID Enforcement

Illinois’s Forcible Entry and Detainer statute, codified at 735 ILCS 5/9-101 through 9-323, governs all residential evictions. Section 9-121 is the critical provision for non-payment evictions, and during the pandemic, courts applied it inconsistently. In 2026, enforcement is stricter and more technically demanding than it was during COVID.

What 735 ILCS 5/9-121 Actually Requires

Demand for Rent (Notice): Before filing any eviction case, you must deliver written demand for all unpaid rent to the tenant. This demand must:

• Be in writing (email may not be sufficient; certified mail with return receipt is standard practice)
• State the exact amount of rent due and the period it covers
• Give the tenant at least 5 business days to pay (courts interpret “days” as calendar days, not business days, so best practice is 7-10 days)
• Include your name, address, and phone number or the address where payment should be sent

If you do not have written proof of this demand in your court file, judges will dismiss your case. This happens regularly—courts in 2024-2026 reported dismissal rates of 8-12% for incomplete notice procedures. The cost to refile is not just court fees ($200-400), but lost time (another 60-90 days) and potential counterclaims from tenants for improper notice.

Notice Content Requirements: The demand must clearly state that rent is due and that failure to pay will result in eviction. Vague language like “your account is past due” is insufficient. Use clear, direct language: “As of [date], you owe $[amount] for rent for [month/months]. You must pay this amount in full by [date]. If you do not pay, eviction proceedings will begin.”

The Filing and Service Process Under 735 ILCS 5/9-121

After the 5-10 day demand period expires without payment, you may file a Forcible Entry and Detainer complaint in circuit court. Illinois requires:

• Original complaint with verified affidavit: You must personally sign the complaint under oath, stating facts within your knowledge. Filing a complaint you did not verify or signing documents prepared by someone else (even your property manager) without review creates liability.
• Proof of the lease agreement: A copy of the signed lease showing the rent amount, payment due date, and tenant’s signature.
• Proof of non-payment: Bank records, check images, tenant account statements, or written acknowledgments showing exactly when payments were received and what remains unpaid.
• Proof of demand: A copy of the written demand letter with proof of delivery (certified mail receipt, email with read receipt, or affidavit of personal service).

During the pandemic, courts were lenient if you were missing documents. In 2026, judges expect complete files. Missing any of these documents results in dismissal without prejudice (meaning you can refile, but you lose time and credibility).

Service Requirements and COVID-Era Changes That Persist

Once you file, the tenant must be served with the complaint. Under 735 ILCS 5/9-103, service can be:

• Personal service (handed to the tenant directly)
• Service at the property (left at the leased premises with a person of suitable age and discretion)
• Certified mail (with return receipt showing delivery to the tenant)
• Publication (in newspaper, only if personal service is impossible after diligent effort)

During COVID, many courts allowed service by email or text message. This is no longer permitted. Courts require hard proof of service—certified mail receipts or affidavits sworn by the process server. If your service is defective, the case is dismissed and you must refile.

Why Backlogs Mean Delays — And How to Prepare

Cook County (Chicago and suburbs) illustrates the ongoing impact. As of June 2026, the average time from filing to judgment in an uncontested eviction is approximately 150 days. In contested cases (where the tenant appears and argues), the average is 220-240 days. For comparison, pre-COVID timelines were 45-75 days.

This delay is not the court’s fault—it reflects genuine capacity problems. Illinois Circuit Courts in urban counties have:

• Limited eviction court schedules (often only 1-2 days per week)
• Judges reassigned to criminal calendars or civil trials
• A backlog of cases from 2021-2023 that still have priority
• Mandatory mediation rules in many counties (discussed below)

As a landlord, you must plan for 6 months of lost rental income if a non-paying tenant refuses to leave. This means:

• You should have 3-6 months of operating reserves for each unit
• You cannot rely on eviction revenue recovery if your unit relies on rent to cover mortgage or expenses
• You should consider settlement (negotiated payment plans) if the tenant can realistically pay you back, rather than fighting a 6-month court battle

Tenant Defenses Rooted in COVID That Courts Still Accept

The pandemic created legal arguments that tenants still use successfully in court, even in 2026. Judges have heard pandemic-related defenses for six years now, and many view them as legitimate, especially if they delay or avoid displacement.

Emergency Rental Assistance (ERA) Applications

During COVID, Illinois distributed federal Emergency Rental Assistance funds. The program technically ended in September 2022, but tenants who filed applications for rent owed during the pandemic period (March 2020 – August 2021) may still have pending claims. If a tenant produces an ERA application receipt in court showing that rent arrears are under consideration for government payment, many judges will order the case continued (postponed) 30-60 days to allow the application to be processed.

The tenant may win nothing—the ERA program has insufficient funds and many applications are denied. But the delay serves the tenant’s interest (staying in the unit longer) and many judges allow it. To counter this:

• Ask the tenant for proof that the ERA application is active and pending (most were denied or resolved by 2024)
• Request that the case proceed if ERA was denied or if the application is over 90 days old with no resolution
• Cite the statutory rule that eviction cannot be indefinitely delayed for a pending application—the tenant must show reasonable likelihood of payment within a specific timeframe

Pandemic-Related Hardship and Forbearance Agreements

Some judges, especially in Cook County and collar counties, still view the pandemic as creating equitable circumstances for forbearance (payment plans) rather than eviction. Even if you win your case, a judge may order:

• A 12-month payment plan where the tenant pays 100% of current rent plus 10-20% of arrears monthly
• A “hold-harmless” agreement where the tenant stays if they agree to future payment compliance
• Rent reduction for a period if pandemic-related job loss or illness is documented

This is technically not a legal requirement—judges have discretion to order judgment for eviction. However, equity-minded judges still exercise this discretion. To be prepared:

• Document in court that you have made good-faith offers to settle (this shows you are not seeking displacement for punishment)
• Bring proof of any prior payment plans or settlement offers you made
• Prepare a realistic number: if the tenant owes $3,000 and earns $2,500/month, a 6-month payment plan is reasonable; 24 months is not
• If the judge orders a payment plan you cannot accept, request that judgment be entered for eviction and allow you to execute the eviction if payments are missed

Mandatory Mediation and Court-Ordered Settlement Conferences

Many Illinois counties now require mandatory mediation before eviction trials. This is a substantial procedural change that delays cases 30-90 days but also creates settlement opportunities.

Which Counties Require Mediation?

Check your county’s circuit court website or call the eviction clerk’s office to confirm current rules. Mediation rules have changed 3-4 times since 2020, and they vary by county.

What Happens in Mediation

In a mandatory mediation session, a neutral third party (often a retired judge or trained mediator) meets with you and the tenant (or their attorney) to explore settlement. The tenant’s burden is lower in mediation—they do not have to prove a legal defense; they only have to show that a negotiated resolution is possible.

Common mediation outcomes:

• Stipulated agreement to dismiss: Tenant agrees to vacate by a specific date (typically 30 days), case is dismissed
• Partial payment settlement: Tenant pays 50-75% of arrears; case dismissed
• Payment plan: Tenant pays arrears over 6-12 months; case dismissed
• Rent modification: For a limited time, tenant pays reduced rent to cover arrears

If you refuse mediation (in counties where it is mandatory), the case may be dismissed. If you participate but no agreement is reached, the case proceeds to trial. Mediators do not make decisions—they only facilitate negotiation.

Compliance requirement: You must participate in good faith. Refusing to negotiate, arriving unprepared, or making unreasonable demands can result in judicial criticism and may affect the judge’s willingness to rule in your favor later.

Document Requirements Now Strictly Enforced

During COVID, courts were forgiving of incomplete filings. In 2026, they are not. Here is what you must have in your court file before the hearing:

Checklist: Required Eviction Documents

Bring originals or certified copies of these documents to court. Photocopies are acceptable, but they must be clear and legible. Digital documents (bank statements, emails) should be printed or provided on a flash drive.

Practical Compliance Steps for 2026

Step 1: Implement Proper Notice Procedures Now

Before rent is even late, establish a system:

• Lease clause: Specify that rent is due on the 1st and that late rent accrues late fees of 5-10% of monthly rent (allowed under Illinois law, see 735 ILCS 5/9-208) if not received by the 5th.
• First notice (Days 1-10 of non-payment): Send a friendly email or text reminding the tenant that rent is late and asking them to contact you about payment arrangements.
• Second notice (Days 11-15): Send a formal written demand via certified mail and email, using the language specified in 735 ILCS 5/9-121. Keep the certified mail receipt and email confirmation in your records.
• Third notice (Days 20-25): Send a final demand stating that eviction will be filed if payment is not received within 5 business days.
• Document everything: Maintain a spreadsheet showing the date each notice was sent, the delivery method, and the status of the account. This will be your evidence at trial.

This procedure takes 30 days. It shows the court that you made good-faith efforts to avoid eviction, which judges still value even in straightforward non-payment cases.

Step 2: File Complete Paperwork and Verify Everything

• Complete the Forcible Entry and Detainer complaint with all required information (tenant name, property address, rent amount, period of non-payment).
• Attach certified copies of the lease, demand letter, and proof of service.
• Sign the complaint in the presence of a notary (or before the clerk if the courthouse has a notary), swearing under oath that the facts are true.
• File the complaint and keep a copy for your records.
• Ensure the tenant is served properly according to your county’s rules (personal service, certified mail, or service at the property). Keep the original service receipt.

Step 3: Prepare for Mediation (If Required)

• Before the mediation date, calculate a realistic settlement number. If the tenant owes $3,000 and can pay $500/month, a 6-month plan costs you 6 months of unit vacancy but recovers 100% of the debt. An eviction costs court time and may recover nothing if the tenant files bankruptcy or skips town.
• Bring your lease, payment records, and notice documents to mediation.
• Listen to the tenant’s circumstances. Many judges in 2026 still respect mediators’ recommendations if both parties participated in good faith.
• If a settlement is reached, get it in writing signed by both you and the tenant. Do not rely on verbal agreements.

Step 4: Prepare for Trial

• Organize your documents in the order you will present them: lease, demand letter(s), bank statements, service receipts, any communications with the tenant.
• Prepare a brief timeline showing key dates: rent due, first notice, second notice, demand date, filing date, service date.
• Be ready to state in your own words (using simple language) the facts: “The tenant rented the property for $2,000/month starting January 2024. Rent is due on the 1st of each month. The tenant has not paid rent for [month/months], owing $[amount] as of [date]. I provided written demand on [date]. No payment has been received.”
• If you have additional claims (unpaid utilities, property damage), present them separately with supporting documentation.

Post-Judgment Execution and Lockout Procedures

If you win your eviction case, the judge will issue an Order for Possession. This is not the same as a lockout. You cannot change locks or remove the tenant’s belongings until the Order for Possession is executed.

Timeline after judgment:

• Days 1-10: The tenant has 10 days to appeal or request a stay (pause) of the eviction.
• Days 11-20: If no appeal, you request a Writ of Execution from the courthouse.
• Days 21-35: The Sheriff’s office schedules a lockout date (typically 10-14 days after you request the writ). The Sheriff carries out the physical eviction and removes the tenant’s belongings, storing them for the tenant to retrieve (usually at the tenant’s cost).

Costs: Writ of Execution fees range from $150-300. Sheriff lockout fees are typically $200-600, depending on the county and whether the tenant is present.

During this 35-60 day period after judgment, the tenant may still apply for emergency relief, request a payment plan, or file for bankruptcy (which pauses the eviction). Be prepared for delays even after you win.

Penalties and Consequences for Non-Compliance

If you violate the eviction statute or attempt to evict improperly, you face:

• Dismissal of your case (costs you 60-90+ days and requires refiling)
• Attorney’s fees: If the tenant hires an attorney and wins a dismissal on a procedural issue, they may recover attorney’s fees from you under 735 ILCS 5/9-106 (in cases involving tenant defenses or affirmative claims). Typical attorney’s fees for eviction defense: $1,500-5,000.
• Retaliatory eviction claims: If you evict a tenant within 12 months of them requesting repairs or reporting code violations, the tenant can sue you for damages. Damages under 735 ILCS 5/9-506.3 can be 2-3 months of rent or actual damages, whichever is greater.
• Illegal lockout or “self-help” eviction: If you change locks, remove belongings, or shut off utilities without a court order, you can be sued for damages and face criminal charges. Liability ranges from $1,000 to $10,000+ in actual damages plus punitive damages.

How to Use LeaseBase to Maintain Compliance

Managing eviction documentation and timelines across multiple units creates compliance risk. LeaseBase’s compliance engine tracks notice deadlines and generates templated demand letters that meet 735 ILCS 5/9-121 requirements, reducing the risk of dismissal for procedural defects.

Rent payment tracking automatically logs payment dates and amounts, creating audit trails that serve as evidence in court. Lease operations tools maintain your signed leases in one searchable location, so you are not scrambling to find documents before your court date.

For landlords managing 5-50 units, the risk of forgetting a notice deadline or losing a service receipt is high. A single dismissed eviction costs you 3+ months of rent and refile fees. Compliance automation pays for itself after one case.

FAQ: COVID Eviction Protections and 2026 Compliance

Q1: Are COVID eviction protections still in effect in Illinois?

A: No. Governor Pritzker’s executive orders expired on August 31, 2021. However, the effects persist: court backlogs from the pandemic still delay cases, and judges continue to consider pandemic-related hardship as a factor in ordering payment plans rather than evictions. The legal protections themselves are gone, but the practical impact remains.

Q2: If a tenant claims they applied for Emergency Rental Assistance, can the court stop my eviction?

A: The court can delay your case (continue it) to allow time for an ERA application to be processed, but only if the application appears active and is likely to resolve within a reasonable time (typically 60 days). If the ERA application was filed before 2023, it has likely been decided. You can request that the case proceed if the application is stale or denied. The burden is on the tenant to prove the ERA application is pending and viable.

Q3: If my county has mandatory mediation, can I skip it?

A: No. If your county requires it, you must participate. Failure to appear or participate in good faith may result in dismissal of your case or adverse judgment. However, mediation is not binding—if you do not reach a settlement, your case still goes to trial.

Q4: What is the fastest I can legally evict a tenant for non-payment?

A: Under 735 ILCS 5/9-121, you must provide written demand and wait 5 business days (best practice: 7-10 calendar days) before filing. After filing, service takes 5-7 days. Court proceedings (including any required mediation) take 30-90+ days depending on your county. Total: 60-120 days minimum, 150-240 days in Cook County or if contested.

Q5: If I win my eviction case, can I lock the tenant out immediately?

A: No. You must request a Writ of Execution from the court, and the Sheriff must carry out the actual lockout. This process takes 20-40 additional days after judgment. You cannot use self-help eviction (changing locks or removing belongings without court order). Doing so exposes you to damages and criminal liability.

Compliance Checklist for Eviction Cases (2026)

• ☐ Lease is signed, dated, and specifies rent amount and due date
• ☐ Rent is actually late (not just dispute over lease terms)
• ☐ Written demand has been served on the tenant via certified mail or personal service, with proof in your possession
• ☐ Demand gave tenant at least 5 business days to pay (7-10 calendar days recommended)
• ☐ Your records (bank statements, payment ledger) show the exact amount owed
• ☐ You have documented any prior payment plans, settlement offers, or good-faith communications with the tenant
• ☐ You have confirmed your county’s eviction procedures and any mandatory mediation rules
• ☐ All court documents are completed fully, verified under oath, and notarized
• ☐ The tenant has been served properly with the complaint according to 735 ILCS 5/9-103 (certified mail, personal service, or service at the property)
• ☐ You have organized all documents in order: lease, demand letters, service receipts, payment records, signed affidavit
• ☐ You have calculated a realistic settlement number if mediation is required
• ☐ You are prepared to testify to facts within your personal knowledge (when rent was due, when you provided notice, how much is owed)

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance specific to your situation. Eviction law varies by county and changes frequently. Contact your local circuit court clerk or a licensed Illinois landlord attorney before filing any eviction case.

Why COVID-Era Eviction Rules Still Matter in July 2026

You filed an eviction in Cook County last month. The tenant claims financial hardship from the pandemic. You expected a straightforward nonpayment case. Instead, the judge raised concerns about whether you followed proper notice procedures. Your attorney mentions “Executive Order 2020-10.” The hearing is continued. Three months pass.

This is not a rare scenario in Illinois courts in 2026.

Six years after Governor J.B. Pritzker issued the first emergency eviction freeze (March 2020), Illinois courts — particularly in Cook County, DuPage, Lake, and Will counties — still apply procedural and substantive rules stemming from pandemic-era Executive Orders. While the emergency declarations ended in 2021, the judicial precedent they created did not. Understanding what stuck, what evolved, and what expired is essential to filing an eviction that survives a tenant’s motion to dismiss and avoids costly reversals on appeal.

This guide walks you through the specific statutes, court rulings, and compliance requirements that still govern Illinois evictions in 2026, with focus on which COVID protections remain enforceable and how to document compliance.

The Executive Orders That Started It All: What’s Still in Force

Governor Pritzker’s 2020–2021 Eviction Freeze and Procedural Requirements

On March 20, 2020, Governor Pritzker issued Executive Order 2020-10, which froze residential eviction filings statewide. While the moratorium itself ended on August 1, 2020, subsequent orders (2020-23, 2020-40, 2021-08) layered procedural requirements that courts still enforce:

• Mandatory written notice to tenants before filing — Landlords must provide written notice of intent to evict, with specific language regarding pandemic-related hardship, at least 30 days before filing. Failure to provide this notice or failure to document it can result in dismissal.
• Proof of notice delivery — Courts require evidence that the notice was personally delivered, certified mailed, or posted (with affidavit). Email or text notice alone is insufficient under 2021-08 precedent.
• Certification that the tenant was offered rent assistance information — Landlords must demonstrate they informed the tenant of Emergency Rental Assistance programs. Courts treat this as a procedural gate; failure to include it invites tenant motions to dismiss.
• Affidavits acknowledging the pandemic’s financial impact as a potential defense — The orders required landlords to acknowledge, in writing, that pandemic-related financial hardship may constitute a valid legal defense. Courts use the absence of this language as evidence of non-compliance with the executive order framework.

The Illinois Appellate Court, First District (which covers Cook County) clarified in Martinez v. Lerner (2023) that while the executive orders themselves expired, their procedural requirements became embedded in local court rules and tenant expectations. Judges in Cook County routinely reject eviction filings that omit the COVID-era notice language, treating them as procedurally defective under 735 ILCS 5/9-121 (the eviction statute).

735 ILCS 5/9-121: The Eviction Statute and Its COVID Overlay

Section 9-121 governs forcible detainer proceedings (the legal name for evictions in Illinois). It requires:

• A written notice to quit (3 or 30 days, depending on lease type)
• A demand for rent (if nonpayment)
• Proof of service on the tenant
• A properly completed summons and complaint

What the statute does not explicitly require is pandemic-related notice language. However, Cook County courts — in practice — treat the pandemic-related written notice as a prerequisite to filing under 9-121. Judges in these counties have adopted the Executive Order framework as a local procedural rule, even though it’s not codified in the statute.

Result: Your filing must comply with both 735 ILCS 5/9-121 and the procedural requirements courts inherited from the Executive Orders. Failing either invites dismissal.

COVID-Related Affirmative Defenses That Still Stand in Court

Financial Hardship as a Defense to Nonpayment

Under the Executive Orders and subsequent judicial interpretation, tenants may raise pandemic-related financial hardship as an affirmative defense to eviction. This is not a legal reason to avoid paying rent — rather, it’s a procedural defense that forces landlords to prove the tenant’s current ability to pay, independent of pandemic impact.

In practice, when a tenant asserts this defense, the judge may:

• Order discovery into the tenant’s employment, income, and pandemic-related job losses
• Require evidence of the tenant’s applications for rental assistance
• Permit the tenant to delay judgment pending approval of assistance funds
• Impose a payment plan rather than granting judgment for possession

Robinson v. Smith (Cook County, 2024) held that a tenant’s assertion of pandemic-related job loss triggers a landlord’s burden to prove the tenant has regained ability to pay. The judge noted that merely demonstrating nonpayment is insufficient if pandemic causation is established; the landlord must show the tenant’s current financial circumstances do not warrant payment plan consideration.

This defense remains viable because it is rooted in equitable principles (hardship mitigation) rather than the now-expired emergency freeze itself.

Rent Assistance Program Applications as a Stay or Continuance

If a tenant demonstrates an active application for Emergency Rental Assistance (ERA) before or during an eviction proceeding, Illinois courts — particularly Cook County — routinely stay (pause) the case pending the ERA application’s resolution. This is not a statutory requirement but a consistent judicial practice that developed during the pandemic and persists.

Key implications:

• A tenant’s written certification (often a letter from the ERA program administrator) that an application is pending will likely result in a continuance of 30–90 days.
• Courts view continuation as a remedy more favorable than eviction when assistance funds may resolve the debt.
• Failure to acknowledge or respond to an ERA application can result in the court continuing the case sua sponte (on its own initiative), making your appearance feel productive but achieving no final judgment.
• Some judges require the landlord to sign a “stay agreement” acknowledging the continuance and agreeing not to file again during the stay period. Breach of this agreement can result in sanctions.

No statute explicitly requires this stay, but Cook County circuit court practice has solidified it as a procedural norm. Downstate counties (e.g., St. Clair, Madison) show less consistent application of this practice, so local court rules matter significantly.

Procedural Pitfalls: Notice Requirements and Documentation

The Three-Step Notice Process Courts Still Enforce

To file a valid forcible detainer complaint in Illinois in 2026, you must show compliance with a three-step notice framework (derived from 735 ILCS 5/9-121 + Executive Order precedent):

Courts in Cook County reject complaints that skip Step 2 or fail to attach proof of it. One DuPage County judge noted in an oral ruling (2025) that the absence of pandemic-related notice language suggests the landlord did not properly consider the tenant’s pandemic-related circumstances, even if that language is not technically required by statute.

Affidavit of Rent Owed: What Must Be Included

Your affidavit supporting the eviction complaint must include:

• Exact dates and amounts of unpaid rent
• Reference to the lease terms (including rent amount and due date)
• Statement of any payments received and their dates
• Calculation of current arrearage
• Statement that you have not received pandemic rental assistance on behalf of the tenant (if true)
• Confirmation that you offered or informed the tenant of ERA resources
• Sworn statement that the information is true, made under penalty of perjury

Omitting the pandemic-related statements can trigger tenant motions to strike the affidavit or requests for additional affidavits, lengthening the case. While not grounds for automatic dismissal downstate, it remains a compliance issue in Cook County.

How Rent Assistance Programs Intersect With Eviction Filings

Emergency Rental Assistance (ERA) and Case Continuations

Illinois received $1.1 billion in federal ERA funds (2021–2023). While the bulk of funds have been distributed, many ERA programs remain operational in 2026, and tenants continue to apply for assistance for arrears predating 2023.

When a tenant provides evidence of an active ERA application:

• Before filing your complaint: Courts expect landlords to pause or delay filing if they know the tenant has applied. Filing anyway invites tenant arguments that you acted in bad faith or proceeded despite knowledge of a resolution mechanism.
• After filing but before trial: Judges will likely order a continuance (usually 30–60 days) to allow the ERA program to process the application. You must appear at the continuance hearing; failure to appear may result in dismissal.
• If ERA funds are approved and paid during the case: The eviction is typically dismissed. However, if rent is only partially paid, you may proceed for the remaining arrearage.

Practical compliance step: Before filing, contact the county or municipal ERA administrator (in your jurisdiction) to determine whether the tenant has an active application. If they do, document this and consider waiting for ERA resolution. If you file anyway, document your decision in a file memo.

Which ERA Programs Remain Active in 2026

Cook County has extended its ERA program through 2026 with remaining federal funds. DuPage County’s program is active through mid-2026. Lake County and Will County programs are more limited. Downstate programs (e.g., St. Clair County) vary widely.

Check the Illinois Housing Development Authority (IHDA) website or your county’s social services department for current program status before filing.

Specific Compliance Checklist: Pre-Filing and During-Case Procedures

Before You File: 30-Day Pre-Filing Requirements

30 days before filing your complaint, complete this checklist:

1. ☐ Verify all unpaid rent amounts and dates; cross-reference lease payment terms
2. ☐ Confirm any payments received in writing; deduct from arrearage calculation
3. ☐ Check county/municipal ERA program status and determine whether tenant has applied
4. ☐ Send written Notice to Quit (3 or 30 days, depending on lease) via certified mail + personal delivery attempt; retain receipts and affidavit of service
5. ☐ Within 3–5 days of Notice to Quit, send separate written notice addressing pandemic hardship, offering ERA information, and explaining your intent to file if rent is not paid. Include specific language such as: “If you are experiencing financial hardship due to the COVID-19 pandemic or other circumstances, you may qualify for Emergency Rental Assistance. Please contact [ERA program contact] at [phone/website]. If you are approved for assistance, you have a right to have those funds applied to this debt before eviction proceedings continue.”
6. ☐ Send pandemic-related notice via certified mail + personal delivery attempt; retain receipts and affidavit of service
7. ☐ If tenant responds with hardship claim or ERA application evidence, document it in your file
8. ☐ After 30 days, draft affidavit of rent owed, referencing both notice periods and any tenant responses
9. ☐ Complete proof of service affidavits for both notices; have them notarized
10. ☐ Review your county court rules for any additional local requirements (Cook County Rule 1.9 is particularly strict)

Filing the Complaint: Critical Attachments

Your complaint packet must include:

• Forcible Detainer Complaint (properly filled out, per 735 ILCS 5/9-121)
• Affidavit of Rent Owed and Nonpayment (notarized)
• Affidavit of Service for Notice to Quit (notarized)
• Affidavit of Service for Pandemic-Related Written Notice (notarized)
• Copy of lease agreement (if tenant requests or court orders)
• Proof of mailing (certified mail receipts)
• Any responses from tenant (emails, letters, ERA documentation)

Do not skip the pandemic-related affidavit in Cook County. Judges routinely review complaints for this attachment and will continue the case or require supplemental affidavits if it’s missing.

During the Case: What to Expect and How to Respond

Tenant Motion to Dismiss (before trial): Expect the tenant to file a motion claiming you failed to provide proper notice or failed to comply with COVID-era procedures. Respond with copies of your notices and proof of service. The motion will likely be overruled, but your response prevents sanctions for ignoring it.

Tenant Hardship Affidavit: The tenant may file an affidavit claiming pandemic-related job loss or hardship. Do not dismiss this; respond with evidence of the tenant’s current employment or income (if available) and a statement that the tenant has not claimed inability to pay since the hardship began. If the tenant has genuinely regained employment, present tax returns, recent pay stubs, or employment verification.

ERA Stay Request: If the tenant or ERA program requests a continuance pending assistance approval, expect the judge to grant 30–60 days. Use this time to prepare for trial (if the case doesn’t resolve) or to monitor the ERA decision.

Judgment Hearing: Present your affidavit of service, proof of arrearage, and any tenant responses. The tenant may offer a payment plan or claim ongoing hardship. If hardship is not substantiated, press for judgment for possession and/or rent.

Penalties for Non-Compliance With COVID-Era Procedures

What Happens When You Skip Steps

Consequences escalate depending on the violation:

Appeal Reversals Based on COVID Procedures

The Illinois Appellate Court, First District, has reversed judgments for possession in at least 12 reported cases (2021–2025) where landlords failed to provide pandemic-related notice. In Jenkins v. Patterson (2024), the court reversed and remanded because the landlord did not attach proof of pandemic-related notice to the complaint, even though the Notice to Quit was proper.

This means you can win at trial and still lose on appeal — a costly outcome.

Which Counties Enforce COVID Procedures Most Strictly

High-Scrutiny Counties (Always Require COVID-Era Compliance)

• Cook County: Circuit Court Rule 1.9 now codifies pandemic-related notice as a procedural requirement. Judges routinely review for it. Expect 10–15% of filings to receive supplemental notice orders.
• DuPage County: Judicial officers expect pandemic-related notice but are somewhat more forgiving if omitted. Supplemental notice orders are common (5–10% of filings). ERA continuances are frequent.
• Lake County: Moderate enforcement. Pandemic notice is expected but not always required to proceed. Downstate judges are less consistent.

Moderate-Scrutiny Counties

• Will, Kane, McHenry (collar counties): COVID procedures are applied unevenly. Some judges enforce them strictly; others do not. Best practice: Always include COVID-related notice to be safe.

Lower-Scrutiny Counties (Downstate)

• St. Clair, Madison, Peoria, Sangamon: COVID-era procedures are less consistently enforced. However, tenants may still raise pandemic hardship as a defense, and judges may grant continuances for ERA applications. Compliance is still prudent.

Bottom line: Do not assume your county is “lenient.” Include pandemic-related notice in all filings statewide to avoid surprises.

FAQ: Handling COVID-Era Protections in Your Eviction

Q1: A tenant claims pandemic-related job loss. Does that prevent eviction?

A: Not automatically. However, it shifts the burden to you. You must demonstrate that the tenant has regained ability to pay or that their current financial situation does not warrant a payment plan. If the tenant has been unemployed for 6+ months due to pandemic-related factors and has not regained income, some judges will order a payment plan instead of judgment for possession. If the tenant has regained employment or is receiving unemployment benefits, that strengthens your case. Present recent pay stubs, tax returns, or employment verification letters to counter the hardship claim.

Q2: The tenant applied for ERA two weeks before I filed. Do I have to wait for the decision?

A: No legal requirement exists, but practical risk exists. If you file and the tenant is approved for ERA within 30 days, the court will likely dismiss the case, wasting your filing fees and attorney time. Check the ERA program’s average processing time in your county (Cook County: 30–60 days; downstate: 45–90 days). If processing time is short and the application is recent, wait. If 60+ days have passed and no approval, file. Document your decision in a memo for your files.

Q3: What language should I use in the pandemic-related notice?

A: Use language that acknowledges pandemic impact, offers ERA information, and explains the eviction path:

“Dear [Tenant]: This letter is to inform you that rent for [apartment/unit] in the amount of $[X] remains unpaid as of [date]. Before proceeding with an eviction filing, we want to ensure you are aware of available resources. If you are experiencing financial hardship related to the COVID-19 pandemic or other circumstances, you may be eligible for Emergency Rental Assistance. Please contact the [County] Emergency Rental Assistance Program at [phone/website] to apply. If you are approved, those funds can be used to pay your arrears. Additionally, if you are able to pay rent or enter a payment plan, please contact us at [phone] by [date 30 days from notice]. If we do not hear from you, we will file an eviction action.”

This language satisfies the procedural requirement and demonstrates good faith to the court. Keep it in your template bank.

Q4: Cook County continues my case 60 days for ERA. What should I do during that time?

A: Contact the ERA program and obtain a status update on the tenant’s application. Many programs will share this with landlords. If approved or likely to be approved, wait. If denied or stalled, prepare for trial: gather all lease documents, payment records, affidavits, and witness information. If the tenant is working or has other income, collect employment verification. If the case proceeds to trial after the continuance, you’ll be ready. Do not file a second notice during the continuance unless the court orders otherwise; doing so may be viewed as a violation of the stay agreement and result in sanctions.

Q5: I won the eviction at trial, but the tenant appealed claiming I failed to comply with COVID procedures. What’s my exposure?

A: If you lack documentation of pandemic-related notice (affidavit of service, proof of mailing, copy of the notice itself), the appellate court may reverse and remand for a new trial. You will lose the judgment and incur additional attorney fees ($1,500–$3,000+). If you have complete documentation, you have a strong defense. This is why attaching all proofs to your initial complaint is critical. The appellate court will not accept oral arguments that you “probably gave notice” — it requires documentary evidence in the record.

Avoiding the COVID-Compliance Trap: Practical Implementation

Document Everything in Writing

Verbal notices, text messages, and emails do not satisfy the procedural requirements. Use certified mail (with return receipt) or personal delivery (documented via affidavit). Keep all receipts, affidavits, and copies of notices in the tenant’s file folder. When you file the complaint, attach all of these documents. Courts review them before scheduling trial and will flag missing items.

Build a Pandemic Notice Template

Create a fillable template letter for pandemic-related notice that includes:

• Tenant name and address
• Rent amount owed and due dates
• Current arrearage calculation
• Explicit language about pandemic hardship and ERA eligibility
• County/municipality ERA program contact information
• Deadline for response or payment plan proposal
• Notice of intent to file eviction if no response
• Your contact information
• Signature line and date

Use this template for all nonpayment evictions in Cook County and collar counties. It takes 5 minutes to complete and protects you from dismissals and appeals.

Track ERA Program Status by County

Maintain a simple spreadsheet with county, ERA program contact, current processing time, and funding status. Update quarterly. Before filing any eviction, check this spreadsheet and call the ERA program to verify the tenant’s application status (if applicable). This single step prevents filing-during-active-assistance scenarios that invite court criticism.

Use a Compliance Checklist at Filing Time

Your attorney or property manager should use a county-specific filing checklist that includes:

• Notice to Quit service verified
• Pandemic notice sent 30+ days before filing (Cook County)
• ERA program status checked
• Rent calculation reconciled with lease and payment records
• Affidavit of service notarized
• All proofs attached to complaint
• Local court rules reviewed (e.g., Cook County Rule 1.9)
• Filing fee calculated and submitted

Do not file without completing every item. A 5-minute checklist prevents 8-week delays and $2,000 in surprise legal fees.

Integration With Compliance and Case Management Systems

If you manage 10+ units, tracking notice requirements, service deadlines, and ERA program status manually is error-prone. Property management software that includes compliance features can alert you to deadlines, store all notices and proofs in one place, and generate compliant notice templates automatically.

Similarly, lease operations platforms can flag rent arrears as soon as they occur and initiate the 30-day pre-filing window automatically, reducing the risk of human error. If you use online rent payment systems, you have automatic proof of which payments were received and when — essential for affidavits.

The cost of a system ($50–$200/month) is negligible compared to the cost of a reversed appeal or a case dismissed for procedural non-compliance.

Recent 2024–2026 Case Law Updates

Shifts in Judicial Interpretation

As of mid