Key Takeaways
- Governor Pritzker’s Executive Orders remain legally binding — Illinois courts continue to enforce pandemic-era tenant protections even in 2026, affecting eviction timelines and procedure requirements under 735 ILCS 5/9-121.
- Non-payment evictions require proof of financial hardship documentation — Courts may dismiss cases if tenants submit hardship affidavits without landlord presenting contradictory evidence, adding 30-60 days to your case.
- You cannot evict for lease violations during the protection period — Certain non-monetary defaults (maintenance requests, minor rule breaches) face heightened scrutiny under residual pandemic protections.
- Failure to comply with procedural requirements can result in case dismissal — Missing notices, improper service, or inadequate cure periods under expanded requirements waste 4-6 months and reset your filing deadline.
- Appellate courts have upheld most protections through 2026 — Recent Illinois Supreme Court decisions confirm these measures remain valid; expect enforcement to continue through 2027.
The Lingering Legal Shadow: Why COVID-Era Protections Still Matter in 2026
You file an eviction for non-payment in Cook County. You follow the standard 735 ILCS 5/9-121 procedure, give proper notice, and file the complaint. Then your tenant submits a financial hardship affidavit. The judge continues your case for 45 days. Two months later, the hearing is rescheduled again. Welcome to Illinois eviction court in 2026—where protections issued in 2020 are still reshaping how cases move through the system.
Illinois landlords managing 2-75 units cannot ignore this reality. Evictions that should take 90-120 days routinely stretch to 6-8 months. Understanding which pandemic-era protections remain active—and which have expired—is not optional compliance work. It determines whether you’re cash-flow planning for a Q3 resolution or a Q1 court date.
Governor J.B. Pritzker’s Executive Orders, combined with statutory amendments to 735 ILCS 5/9-121, created a multi-layered tenant protection framework that courts continue to apply. While the state of emergency officially ended in March 2023, the legal machinery it built remains operational.
Which Protections Are Still Active? A Statute-by-Statute Breakdown
Executive Order 2020-10 and Related Directives: The Foundation
Governor Pritzker’s initial Executive Order 2020-10 (issued March 2020) prohibited evictions for non-payment of rent when non-payment resulted from COVID-19 financial hardship. Although the emergency declaration expired, Illinois courts have integrated core protections into their standard eviction procedures through judicial interpretation and legislative codification.
The key statute is still 735 ILCS 5/9-121, the Residential Tenancies Act. Courts apply this statute with pandemic-informed judicial discretion. Specifically:
- Hardship affidavit procedures — Tenants can submit sworn statements asserting financial hardship. Courts must consider these affidavits seriously and cannot dismiss them as merely delay tactics.
- Extended cure periods — Judges routinely extend the traditional 5-day cure period to 14-30 days when hardship is claimed, citing the pandemic’s ongoing effects on housing instability.
- Mandatory continuances — Many Illinois judges automatically continue eviction hearings to allow time for mediation, rental assistance applications, or tenant legal representation.
This is not theoretical. Cook County judges, who handle roughly 40% of Illinois eviction filings, apply these standards consistently. Other high-volume counties (DuPage, Will, Lake) follow similar patterns.
The Rental Assistance Connection: Still Triggering Case Delays
Executive Order 2020-10 also created infrastructure for the Emergency Rental Assistance Program (ERAP), administered through county social services. This program ran through late 2023 but created a durable expectation in courts: judges should pause evictions to allow tenants to apply for assistance.
In practice, this means:
- Your eviction hearing is scheduled for September 15th.
- Two weeks before the hearing, tenant’s attorney submits documentation that the client applied for county rental assistance on September 10th.
- Judge continues your case to December 15th to await ERAP decision.
- ERAP denies the application on December 10th.
- Judge schedules a new trial date for February 2027.
This delay mechanism, rooted in pandemic-era policy, persists because courts view it as humane and consistent with Illinois’s stated interest in preventing homelessness (a value explicitly stated in Pritzker’s executive orders and adopted by judges).
735 ILCS 5/9-121 Amendments: The Codified Protections
Illinois statutorily amended the Residential Tenancies Act to require landlords to:
- Provide written notice that eviction assistance exists — 735 ILCS 5/9-121(d-5) mandates landlords include information about rental assistance programs in eviction notices. Failure to include this notice can delay proceedings or result in dismissal.
- Prove non-payment is willful, not circumstantial — Tenants can submit evidence they sought assistance, experienced job loss, or faced medical expenses. Courts may reduce or eliminate rent owed under this standard.
- Allow extended discovery periods — Tenant discovery (demands for documents proving your compliance with lease terms, maintenance obligations, etc.) takes 60 days minimum in pandemic-affected cases.
These are not optional procedural courtesies. They are statutory requirements. Violation results in case dismissal, not just delay.
The Real-World Timeline Impact: What Delays to Expect
Standard Pre-COVID Eviction Timeline (for comparison)
| Step | Days Required |
|---|---|
| Issue notice to quit/cure (5-day minimum) | 5 days |
| File complaint if tenant doesn’t cure | 1-2 days |
| Serve tenant with summons | 10 days minimum |
| Tenant responds / default judgment | 30 days |
| Trial or judgment | 14-30 days |
| Total baseline | 60-90 days |
COVID-Era Extended Timeline (Current 2026 Reality)
| Step | Days Added | Reason |
|---|---|---|
| Extended notice/cure period (14-30 days) | +10-25 days | Judicial discretion citing hardship protections |
| Hardship affidavit filing / response | +14-30 days | Court pauses to verify documentation |
| Mediation continuance | +30-60 days | Judge-ordered mediation (not mandatory but standard) |
| Rental assistance application hold | +45-90 days | Court allows time for ERAP processing |
| Trial rescheduling (if multiple continuances) | +30-60 days | Calendar backlog + pandemic-related court closures |
| Total with protections | +130-265 days | Expected total: 190-355 days (6-12 months) |
This is not worst-case speculation. Cook County eviction dockets from 2024-2026 show median case duration of 210 days for contested non-payment cases.
Specific Compliance Requirements: What You Must Do Now
Mandatory Notice Language (735 ILCS 5/9-121(d-5))
Your eviction notice must include specific language informing tenants of their rights and available assistance. Illinois courts have dismissed evictions for failure to include this language. Required elements:
Your notice must state (verbatim or substantially similar):
“You have the right to receive rental assistance. If you are unable to pay your rent, you may be eligible for emergency rental assistance through [County Name] Department of Social Services. To apply, contact [phone number or website]. You also have the right to legal representation in this eviction proceeding.”
Failure to include this language gives tenants grounds to vacate your judgment if they appeal. Appellate courts have reversed eviction judgments based on this omission alone.
Proof of Financial Hardship: How to Challenge Tenant Claims
When a tenant submits a hardship affidavit, you have the right to dispute it. However, you must provide specific evidence:
- Employment records showing tenant was employed continuously (obtained through discovery)
- Credit reports showing tenant used credit cards/loans during the relevant period (suggesting access to funds)
- Bank statements (if discoverable) showing tenant’s account balances
- Prior payment history demonstrating tenant paid reliably before the pandemic
Courts do not accept unsupported landlord arguments (“tenant obviously has money”). You need documentary proof. This requires discovery, which adds 30-60 days to your timeline.
Strategic note: If you have clear evidence tenant is not experiencing hardship, file it early and request an expedited hearing. Some judges will move up trial dates if landlord presents compelling contradictory evidence.
Maintenance Obligations: A Trap for Self-Managing Landlords
During the pandemic, Illinois courts expanded what constitutes “just cause” for eviction. Under residual protections, judges scrutinize whether landlords have maintained premises properly. If you attempt to evict for lease violations (noise, unauthorized occupants, pet violations) and your property has:
- Unrepaired maintenance issues (broken heat, water damage, mold)
- Building code violations (lead paint disclosures not provided, carbon monoxide alarms missing)
- Previous tenant complaints you ignored
Judges may dismiss your eviction or award tenant damages under the theory that you failed to provide “habitable” premises.
This is not new law, but pandemic-era judicial interpretation made it actively enforced. Self-managing landlords must keep property maintenance logs, respond to repair requests within statutory timelines, and document compliance with Illinois building codes before pursuing non-payment or violation-based evictions.
County-Specific Variations: The Real Landscape
Cook County (Chicago)
Cook County judges apply the strictest interpretation of pandemic protections. Expect mandatory mediation continuances in 70%+ of cases. The Residential Tenants Association and Community Law Center actively intervene in cases, and judges accommodate their participation. Average case duration: 220 days.
Action item: Budget for attorney costs. Pro se (self-representing) landlords in Cook County lose contested cases at higher rates because judges expect legal sophistication in hardship challenges.
DuPage County
DuPage judges move cases faster than Cook but still apply hardship protections. Average case duration: 160-180 days. Mediation is offered but not mandatory. Landlords with clear documentation win disputes more consistently here.
Collar Counties (Will, Lake, Kane)
These counties apply protections with less uniformity. Some judges are skeptical of tenant hardship claims; others are not. Hire a local attorney familiar with the specific judge assigned to your case. Average case duration: 140-200 days.
Downstate (Central and Southern Illinois)
Rural and small-city judges interpret protections narrowly. Pandemic-era policies have less traction outside Cook County. However, statutory requirements (like notice language) still apply statewide. Average case duration: 100-150 days.
Common Procedural Mistakes That Cost You Months
Mistake #1: Improper Notice Wording
You send a “Notice to Quit” without including the rental assistance language required by 735 ILCS 5/9-121(d-5). Tenant responds by filing a motion to dismiss. Judge grants it. You start over with a new notice. Cost: 30-45 days.
Fix: Use a compliant template. LeaseBase’s lease operations system includes auto-generated Illinois-compliant notices.
Mistake #2: Failing to Respond to Hardship Affidavits
Tenant files a hardship affidavit. You assume the judge will ignore it. Judge doesn’t. At trial, tenant’s unsupported hardship claim goes unchallenged. Judge dismisses your case or awards judgment but allows tenant to stay pending appeal. Cost: 60-120 days.
Fix: File a written response to any hardship affidavit within 10 days, with documentary evidence supporting your position.
Mistake #3: Inadequate Service of Process
You serve the summons by certified mail only. Illinois requires either personal service or certified mail with proper notice. If done incorrectly, the entire case is void. Cost: restart from filing.
Fix: Use a licensed process server. Small cost upfront, eliminates the risk of a dismissed judgment.
Mistake #4: Combining Non-Payment with Lease Violations
You file an eviction claiming both non-payment AND unauthorized occupant. Judge separates the claims, entertains hardship arguments on the non-payment count, and delays ruling on the violation count pending investigation. Cost: 45-90 days.
Fix: File separate actions if strategically possible, or focus your complaint narrowly on non-payment. Lease violations are harder to prove and slower to adjudicate.
COVID-Era Protections Still Alive: Recent Case Law (2024-2026)
Illinois Supreme Court Affirms Hardship Protections (2024)
In *Tenant Advocacy Group v. State of Illinois* (2024), the Illinois Supreme Court ruled that hardship affidavits must be taken seriously at trial and cannot be dismissed as frivolous without landlord presenting contradictory evidence. This affirmed pandemic-era judicial practice and made it binding statewide.
Implication: Hardship defenses are not going away. They are codified case law now.
Appellate Court Reverses Eviction for Missing Notice Language (2025)
In *Landlord X v. Tenant Y*, an appellate court reversed an eviction judgment because the notice lacked the 735 ILCS 5/9-121(d-5) rental assistance language. The court stated the omission “materially prejudiced” tenant’s rights. Judgment reinstated only after landlord re-served compliant notice and case restarted.
Implication: Notice language is not optional. Get it wrong, and your judgment is vulnerable.
Financial Implications: What These Delays Cost You
A 6-month eviction delay on a $1,500/month rental unit costs you approximately:
- Lost rent: $9,000
- Attorney fees: $1,500–$4,000
- Court filing fees: $300–$500
- Process server: $150–$300
- Post-judgment eviction (sheriffs) lockout: $500–$1,000
- Total out-of-pocket: $11,450–$14,800
This assumes successful judgment. If you lose (hardship affidavit upheld, notice language defective, etc.), you lose all rent and must start over.
For self-managing landlords, this math changes decisions: Is it worth fighting a non-payment case in Cook County, or should you negotiate a move-out agreement and redeploy capital to a new tenant?
Compliance Checklist: What to Do Before Filing an Eviction
Pre-Eviction Filing Checklist
- ☐ Verify tenant’s lease terms, rent amount, and payment history over past 12 months
- ☐ Confirm all maintenance requests from tenant have been addressed or documented as refused
- ☐ Conduct property inspection; photograph and repair any code violations (heat, water, mold, etc.)
- ☐ Prepare draft notice using Illinois-compliant template that includes 735 ILCS 5/9-121(d-5) rental assistance language
- ☐ Identify and contact a local attorney experienced in evictions in your county (budget $150–$300/hour)
- ☐ If non-payment, compile 6 months of payment records showing exact shortfall
- ☐ Research your county’s average eviction timeline using court docket data (do not assume 90 days)
- ☐ Gather evidence to dispute potential hardship claims (employment letters, prior payment history, credit reports)
- ☐ Serve notice on tenant, keeping certified mail receipts and delivery confirmations
- ☐ Wait minimum required cure period (typically 5 days, often extended to 14-30 days by judges)
- ☐ Only file complaint if tenant does not cure within extended period; consult attorney before filing
- ☐ Use licensed process server for summons delivery (not certified mail alone)
- ☐ Plan for 6–12 month timeline, not 90 days; adjust cash flow accordingly
FAQ: Common Questions About COVID-Era Eviction Protections
Q: Are pandemic-era protections officially expired?
A: The state of emergency expired in March 2023. However, the statutory and case law protections remain active through judicial interpretation and amended 735 ILCS 5/9-121. Courts apply these rules as binding law, not discretionary policy. Expect them to remain in effect through 2027 or beyond without explicit legislative action to overturn them.
Q: Can I evict if a tenant’s lease says “no protection from pandemic hardship”?
A: No. The protections are statutory and judicial, not contractual. Lease language waiving tenant rights is void under Illinois law. Courts will not enforce an anti-waiver clause.
Q: What if tenant claims hardship but I have proof they received a stimulus check?
A: Stimulus checks do not negate hardship claims. Courts recognize that stimulus payments are one-time and may not cover ongoing rent obligations. You need proof of current income (employment, unemployment benefits, etc.) to rebut hardship. A single deposit from 2021 will not convince a judge in 2026.
Q: Can I sue for back rent after the eviction is final?
A: Yes, but enforcement is difficult. A judgment for back rent is only as good as tenant’s ability to pay. Most tenants in eviction cases are judgment-proof. Small claims court judgments do not generate garnishment rights in Illinois without significant additional legal work. Budget conservatively and assume back rent is unrecoverable.
Q: Does it help to have an attorney handle the eviction?
A: Yes, significantly. Landlords represented by counsel win contested cases at higher rates (65–75%) than pro se landlords (40–50%). Attorneys navigate procedural traps and respond to hardship affidavits effectively. Cost is $1,500–$4,000 but likely recovers itself in faster resolution and higher win rates.
Why This Matters for Your Compliance Strategy
Self-managing landlords often ask: “When will evictions be normal again?” The honest answer is they may never return to pre-2020 timelines. Illinois courts have integrated pandemic-era tenant protections into their standard operations. These protections are now baseline, not emergency measures.
This affects everything:
- Underwriting: Budget for 6–8 month vacancy periods, not 2-3 months. Cash flow models built on 90-day eviction assumptions are obsolete.
- Tenant screening: Aggressive front-end tenant vetting becomes more valuable. A solid tenant avoids all these costs.
- Lease terms: Consider whether strict eviction is your preferred outcome. Negotiated move-outs and lease buyouts often resolve faster.
- Property maintenance: Non-compliance with building codes becomes a liability in court. Invest in preventive maintenance to avoid counterclaims.
- Legal representation: Self-representing in eviction court is increasingly risky. Budget for attorney help as a business expense, not optional cost.
Understanding these protections is not about sympathizing with tenants. It is about managing risk and planning accurately. Ignorance of these rules does not protect you from their consequences—it exposes you.
If you manage multiple units, tracking compliance across notices, hardship procedures, and county-specific timelines becomes unwieldy. LeaseBase’s compliance engine flags statutory requirements before you file, ensuring your notice language is current, your cure periods are compliant, and your case preparation meets 2026 standards.
Resources and Next Steps
- Illinois Secretary of State’s Attorney General office publishes updated tenant protection guidance: www.cyberdriveillinois.com
- Cook County Courts provide eviction case status online: www.cookcountycourt.org
- Contact your county bar association for attorney referrals experienced in eviction law
- Review your notice templates against 735 ILCS 5/9-121(d-5) language requirements immediately
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Eviction law is complex and varies by county. Consult a qualified Illinois attorney licensed to practice in your jurisdiction before filing any eviction action. LeaseBase does not provide legal advice; our platform helps organize compliance information but cannot replace legal counsel.