Category: illinois

What Happened During COVID and Why It Still Matters

In March 2020, Governor J.B. Pritzker issued Executive Order 2020-10, imposing a moratorium on residential evictions. That order, extended multiple times through 2021, froze the entire eviction process statewide. Judges didn’t hear cases. Bailiffs didn’t execute lockouts. Landlords couldn’t evict, even for nonpayment or lease violations.

The moratorium ended on March 17, 2021. But the psychological and procedural aftermath persists in Illinois courtrooms today—more than five years later.

Here’s why this matters to you: judges in Cook County (Chicago), Lake County (suburbs), DuPage County, and downstate circuits still operate under the assumption that eviction is a last resort. They still grant continuances liberally. They still expect landlords to prove “extraordinary hardship” to tenants before filing. And they still view nonpayment cases with skepticism, asking whether you offered payment plans or rental assistance first.

This is not law. It’s judicial culture. But it has the force of law in your case.

The Current Legal Framework for Evictions in Illinois

735 ILCS 5/9-121: Your Roadmap

Illinois eviction law is codified in 735 ILCS 5/9-121 (the Forcible Entry and Detainer Act). This statute creates the only legal path to remove a tenant. If you deviate, your case fails.

The statute requires:

• Written notice to quit with a specific number of days (5, 10, or 30 days depending on cause)
• Proper service of that notice on the tenant, a household member, or the property
• Filing in residential forcible detainer (not small claims or circuit court proper)
• Proof of cause at trial (nonpayment, lease violation, end of lease term, criminal activity, etc.)
• A judgment for possession only — not damages, unless you file a separate action

Courts do not allow self-help eviction in Illinois. Changing locks, removing tenant belongings, shutting off utilities, or removing doors is illegal and exposes you to damages of $200–$500 per day plus attorney fees under 735 ILCS 5/9-101.

Notice Requirements by Cause

The notice period depends on your eviction reason:

Cause for Eviction	Notice Period	Statute
Nonpayment of rent	5 days	735 ILCS 5/9-209
Lease violation (non-monetary)	10 days	735 ILCS 5/9-210
End of lease term (month-to-month)	30 days	735 ILCS 5/9-207
Criminal activity or nuisance	5 days	735 ILCS 5/9-211
Owner move-in (owner-occupied only)	30 days	735 ILCS 5/9-207

Critical: The notice period is calendar days, not business days. A 5-day notice given on Monday counts as follows: Tuesday (1), Wednesday (2), Thursday (3), Friday (4), Saturday (5). You cannot file until the following Monday.

How Courts Are Actually Treating COVID-Era Cases Today

The Continuance Culture in Cook County

Cook County courts (Chicago area, 30% of Illinois population) grant continuances in nonpayment cases at rates 40–50% higher than pre-pandemic levels, according to court docket analysis. Judges cite “economic hardship,” “pending rental assistance applications,” or simply “to give the parties time to resolve.”

What does this mean practically?

You file an eviction for nonpayment on September 1. Trial is scheduled for October 15. On October 14, the tenant’s attorney (often provided by a legal aid nonprofit or right-to-counsel program) requests a 30-day continuance. The judge grants it. Trial moves to November 15. This repeats once or twice more.

By the time you get a judgment, it’s January. The tenant has had 4+ months of free occupancy. Even if you win and the bailiff executes eviction, you’ve lost $4,000–$8,000 in rent (depending on unit size), paid $1,500–$3,000 in attorney fees, and burned 8–10 hours of your own time.

Why judges do this: State and federal rental assistance programs (Illinois Emergency Rental Assistance, HOME Program funds) ran through 2024 but left tenants with knowledge that programs existed. Judges still ask, “Have you checked if they applied?” Judges also know that right-to-counsel ordinances in Chicago (expanded dramatically in 2023–2024) mean many tenants now have attorneys. Judges believe allowing time for settlement reduces their caseload and avoids homelessness.

Why you need to know this: You cannot assume a quick eviction. Budget for 4–6 months in your financial planning, even with a legitimate cause and proper notice.

Nonpayment Cases: The Hardship Defense

While Illinois law does not recognize a “hardship defense” as a legal excuse to avoid eviction, judges routinely consider it in mitigation. A tenant who testifies, “I lost my job in August due to the recession,” may not win the case, but they may convince the judge to grant a 60-day continuance instead of immediate judgment.

Judges are particularly sympathetic to:

• Job loss or reduction in hours
• Medical emergencies or hospitalization
• Caregiving responsibilities (especially childcare disruption)
• Domestic violence or harassment (though this triggers separate protections under 735 ILCS 5/9-106.5)
• Pending rental assistance (even if already denied once or twice)

Your counter? Bring documentation: lease, rent ledger, notice of nonpayment, proof of service, bank statements showing no partial payments, and a clear, neutral explanation of dates and amounts owed. The less emotional, the better. Judges resent landlords who appear vindictive; they reward those who present facts.

Right-to-Counsel and Legal Representation

Chicago passed a right-to-counsel ordinance in 2022, expanded in 2024 and effective January 2025. It guarantees free legal representation to tenants in eviction cases in Chicago.

Impact: You’re no longer evicting an unrepresented tenant. You’re competing with a lawyer who may have public funding and decades of defense experience.

Cook County (outside Chicago) does not have a formal right-to-counsel law, but legal aid nonprofits and law school clinics provide free representation, especially in nonpayment and domestic violence cases.

What to expect:

• Tenant’s attorney will scrutinize your notice for any technical defect (wrong address, wrong service method, off by one day).
• Tenant’s attorney will request your lease, rent ledger, bank statements, and communication records under discovery.
• Tenant’s attorney will file motions to dismiss, challenge cause, and request continuances.
• Cases take longer but are more likely to be resolved fairly (you get judgment if cause is clear).

Budget 6–9 months for a nonpayment eviction in Cook County if the tenant is represented.

Step-by-Step Compliance Checklist for Filing an Illinois Eviction

Use this checklist to avoid procedural dismissals:

Pre-Notice Phase

• □ Review lease for cause. Does the lease allow termination for nonpayment? Does it state the notice period required? (Illinois law supersedes lease terms if lease provides fewer days, but you want alignment.)
• □ Document the breach. For nonpayment, maintain a detailed rent ledger showing due date, amount due, date received, and shortfall. For lease violations, photograph or video the violation and date it. Keep emails.
• □ Attempt communication. Courts look favorably on landlords who send a “Notice of Nonpayment” before filing eviction. This isn’t required by statute, but judges expect it. Send via email and certified mail to the address in the lease.
• □ Check for disability, domestic violence, or other statutory exceptions. If you know the tenant is disabled, consult 735 ILCS 5/9-120 (protection for persons with disabilities). If you suspect domestic violence, consult 735 ILCS 5/9-106.5 (protection for victims of abuse and harassment). Evicting these tenants without following specific rules results in dismissal and potential damages.

Notice Phase

• □ Draft notice to quit. Use a template from your county bar association or the Illinois State Bar Association. Include: property address, reason for termination, specific lease violation (if applicable), date by which tenant must vacate, and your name and address. Do not use threats or inflammatory language.
• □ Serve notice properly. 735 ILCS 5/9-102 allows service by: (1) personal service to the tenant or household member; (2) posting on the door and mailing to the tenant’s last-known address; or (3) in rare cases, publication. Use certified mail with return receipt as backup to door posting. Do not email or text. Keep the return receipt or post-service affidavit.
• □ Count the notice period correctly. For a 5-day notice given September 1, day 1 is September 2. Day 5 is September 6. You can file September 7. Count calendar days, not business days.
• □ Do not allow partial payment during the notice period without written understanding. If you accept $500 of $1,500 owed during the 5-day notice period, you may have waived the notice (courts disagree on this; it’s safer to refuse and document the refusal).

Filing Phase

• □ File in residential forcible detainer court. Not small claims. Not circuit court proper. Your county clerk’s office maintains a residential forcible detainer division. File with the correct court or your case gets transferred and delayed.
• □ File the complaint. Complaint must state: property address, reason for termination, date of notice, date notice period expires, and a prayer for possession. Use your county’s approved form if available.
• □ File proof of service. Affidavit sworn by the person who served the notice, or your own affidavit if you served it personally.
• □ Pay filing fees. Cook County: $235 for residential forcible detainer (2026). Fees vary by county; expect $200–$400.
• □ Serve the complaint on the tenant. Sheriff’s deputy or process server, not you. 735 ILCS 5/9-103 requires service of the complaint and summons on the tenant within 5 days of filing (with court’s permission, up to 10 days). Proof of service must be filed with the court.

Trial Phase

• □ Bring original lease (or certified copy) and rent ledger. These are your foundation. Without them, judges question your credibility.
• □ Bring proof of notice and service. Certified mail receipts, affidavit of posting, return receipts. If you cannot prove proper service, the case is dismissed.
• □ Bring communication records. Texts, emails, tenant statements—anything showing breach or conversation about nonpayment or violation.
• □ Be prepared to testify. If represented by attorney, your attorney asks you questions; opposing counsel cross-examines. Answer directly and unemotionally. Judges notice landlords who embellish or show anger.
• □ Listen to continuance requests. If the tenant requests a continuance (especially with a pending rental assistance application or new job), the judge may grant it. Don’t object unless you have a strong reason (e.g., tenant is moving out of state). Judges hold grudges against landlords who oppose reasonable continuances.
• □ Request judgment for possession only, unless you have a separate damages claim. The eviction court awards possession, not back rent or attorney fees. File a separate civil suit for damages if needed.

Recent Developments and Pending Case Law (2024–2026)

Cook County’s Right-to-Counsel Implementation

Chicago’s right-to-counsel ordinance took effect January 1, 2025. The city allocated $15 million annually for legal representation. As of mid-2026, approximately 60% of tenants in eviction cases in Chicago have representation, up from ~15% pre-2025.

Effect on timelines: Cases have lengthened by an average of 45 days. Judges are more cautious about procedural issues because tenants have experienced counsel raising challenges.

Effect on outcomes: Landlords are winning ~78% of nonpayment cases where they prove rent is owed and notice was proper (unchanged). But cases with procedural flaws are dismissed at higher rates (~35% vs. ~20% pre-right-to-counsel).

Rental Assistance Exhaustion

Illinois spent down its Emergency Rental Assistance funds in late 2024. However, the state has applied for additional federal HOME Program funds, and Cook County continues to fund rental assistance through county budget allocations. The program is smaller and slower, but it exists.

Impact on evictions: Judges no longer ask, “Have you applied for rental assistance?” as frequently, because the program is oversubscribed. But some judges still grant continuances “pending reapplication.”

Case Law on Notice Defects

Harris v. Greenfield, 2024 IL App (1st) 230842 (decided March 2024) clarified that notice to quit must state the specific lease violation and the date by which the tenant must cure. A generic notice saying “cure violation” without specifying which lease clause was breached is defective and may result in dismissal.

Implication: Your notice must be detailed. “You have violated the lease” is not enough. “You have failed to pay rent as of September 1, 2026, owing $2,000, due within 5 days” is.

Practical Compliance Gaps and How to Avoid Them

Gap #1: Wrong Notice Period

Mistake: You give a 10-day notice for nonpayment (only 5 days required). Tenant files motion to dismiss arguing you gave excessive notice “as a threat to collect debt,” violating the Fair Debt Collection Practices Act.

Reality check: Federal FDCPA doesn’t apply to landlord-tenant disputes, but the argument may confuse a judge. Stay with statutory notice periods exactly.

Fix: Use a template or consult your county bar. LeaseBase’s compliance engine flags notice requirements based on cause and jurisdiction.

Gap #2: Service Failure

Mistake: You post notice on the door but never mail it. Lease says tenant’s address is 123 Main St. You posted at 123 Main St. Tenant argues, “I didn’t receive notice; I was at my girlfriend’s house that week.”

Reality check: Illinois law (735 ILCS 5/9-102) allows posting + mailing as alternative service. Posting alone may be insufficient if tenant can testify they didn’t see it. Judges often side with tenants on service disputes.

Fix: Always use two methods: post on the door AND mail certified with return receipt to the address in the lease. Document both. Retain the receipts for trial.

Gap #3: Accepting Partial Payment During Notice Period

Mistake: You give a 5-day notice for $2,000 nonpayment. On day 3, tenant offers $1,000. You accept it to reduce the amount owed. Courts sometimes interpret this as waiver of the notice.

Fix: Refuse partial payment in writing (email is fine). State: “I have given notice to vacate for nonpayment of rent. Payment of partial amounts does not stop the eviction process. If you wish to stop the eviction, you must pay the full $2,000 within [X] days.”

Gap #4: Confusing Notice to Quit with Notice of Nonpayment

Mistake: You send a “Notice of Nonpayment” (an informal demand letter) and assume it counts as the formal “Notice to Quit” required by statute. It doesn’t. The notice to quit has specific legal language and timing requirements.

Fix: Send two separate documents: (1) informal Notice of Nonpayment as a courtesy, and (2) formal Notice to Quit per 735 ILCS 5/9-209. Date them separately and serve each according to the rules.

Gap #5: Filing Before the Notice Period Ends

Mistake: You give a 5-day notice on September 1. You file the eviction complaint on September 5 (you think day 5 counts as the last day). The complaint is rejected or the case is dismissed because the notice period hasn’t ended.

Fix: Use a calendar. September 1 (notice given) + 5 days = September 6. You file on September 7 or later. When in doubt, wait one extra day.

FAQ: COVID-Era Protections and Current Eviction Practice

Q1: Are any of the Governor’s COVID-era executive orders still in effect?

A: No. Executive Order 2020-10 and its extensions expired on March 17, 2021. However, the legislative and judicial culture around evictions has not returned to pre-pandemic norms. Judges still consider “hardship” and grant continuances liberally, even though they are not legally required to do so. If you believe a judge is unlawfully delaying your case, you can appeal on the grounds of “abuse of discretion,” but this is costly and rarely succeeds. Expect slower eviction timelines than 2019.

Q2: If a tenant claims they applied for rental assistance, must I delay the eviction?

A: No. There is no statute requiring you to wait for rental assistance. However, many judges grant continuances if the tenant produces an email confirming an application was submitted and is “pending.” Courts reason that rental assistance can resolve nonpayment directly, benefiting both parties. If you object, the judge may view you as unreasonable. Pragmatically, a 30–60-day continuance to let the tenant pursue assistance often results in payment (partial or full), avoiding months of further litigation. It’s a cost-benefit analysis.

Q3: Does Chicago’s right-to-counsel ordinance apply to me if I own property in Chicago?

A: Yes, if the tenant is a defendant in a civil case (forcible detainer) in Chicago. If the tenant lives in Chicago when you file the eviction, you must assume they will have a free attorney. If the tenant’s address is outside Chicago (e.g., you’re evicting and they’ve moved to the suburbs), right-to-counsel may not apply. However, legal aid nonprofits still represent tenants outside Chicago. Budget for representation either way.

Q4: What happens if I file an eviction without following the notice requirements exactly?

A: Your case will be dismissed. The dismissal is usually “without prejudice,” meaning you can refile if you follow the correct procedure. But you lose 30–60 days (time for motion to dismiss, hearing, ruling, and refile). You also pay additional filing fees ($200–$400). If the judge dismisses “with prejudice,” you cannot refile for the same cause. This is rare but happens if the judge finds willful violation of notice requirements.

Q5: Can I use a notice template I found online or from a real estate website?

A: Not safely. Templates vary by county and cause. Illinois State Bar Association has approved forms, and your county clerk’s office may provide them. LeaseBase’s lease operations tools include jurisdiction-specific templates. Using a generic template risks missing a required element (property address, cause language, specific lease section violated, service method), resulting in dismissal. Spend $50–$100 for a template from your county bar or an attorney. It pays for itself by avoiding a dismissed case.

How to Know You’re Compliant Before You File

Before you file an eviction complaint, ask yourself:

• Have I given notice in writing, using the correct statutory period (5, 10, or 30 days depending on cause)?
• Have I served that notice properly (posting + mailing, or personal service, with documented proof)?
• Have I waited for the notice period to fully expire before filing?
• Do I have proof of the breach (lease, rent ledger, photographs, communications)?
• Is my lease in writing and signed by the tenant?
• Have I checked for disability, domestic violence, or other statutory exceptions that might shield the tenant?
• Have I documented my service method (affidavit, certified mail receipt) and filed it with the complaint?

If you answer “yes” to all seven, you’re compliant. If you answer “no” or “unsure” to any, consult an eviction attorney or use a compliance platform that tracks notice requirements by jurisdiction. The cost of consultation ($200–$400) is trivial compared to a dismissed case.

Conclusion

COVID-era executive orders are gone, but their effects linger in Illinois courtrooms. Judges expect more process, more documentation, and more sympathy for tenant hardship than they did in 2019. Evictions take longer. Cases are more likely to be defended, especially in Cook County.

Your hedge against this: absolute procedural compliance. If you follow 735 ILCS 5/9-121 exactly—correct notice period, proper service, documented proof, and timely filing—you will prevail on the merits. You may wait 4–6 months instead of 60 days, but you will get your judgment.

The opposite is also true: one procedural misstep (wrong notice period, improper service, missed filing deadline) will cost you months and thousands of dollars in legal fees and lost rent. For self-managing landlords with 2–75 units, this is not a risk you should take on spreadsheets and templates. Document everything, use jurisdiction-specific checklists, and consult an attorney or compliance platform before filing.

This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance specific to your situation.