COVID-Era Eviction Protections Still Delaying Illinois Courts — What Landlords Must Know (2026)

How the Pandemic Changed Illinois Evictions — and Why Courts Still Act Like It Did

Governor J.B. Pritzker’s Executive Orders 20-10 (March 2020) and 20-32 (May 2020) suspended evictions and foreclosures for 60 days, then extended protections through August 2020. Those orders are long expired. But walk into an Illinois courthouse in 2026 and you’ll discover that the pandemic’s legal ghost still haunts eviction dockets.

What happened: Illinois courts didn’t simply restart the pre-2020 eviction machine. Instead, judges internalized the reasoning behind those orders—that mass displacement during economic crisis creates hardship worthy of judicial consideration—and made that reasoning permanent. Now, six years later, tenants and their attorneys cite pandemic-era case law, judges grant continuances based on “equitable” hardship arguments, and landlords face delays they didn’t experience in 2019.

This isn’t illegal. It’s not a secret. But it’s also not something most self-managing landlords plan for, and it costs them thousands in lost rent and carrying costs.

Under 735 ILCS 5/9-121, Illinois requires strict compliance with eviction procedures. But here’s the compliance trap: the statute itself hasn’t changed since 2005. The *application* of the statute by judges has fundamentally shifted. A procedurally perfect eviction in 2019 might still take 8 months in 2026 because courts now routinely grant continuances for tenant hardship—a practice that accelerated during the pandemic and never stopped.

What COVID-Era Executive Orders Actually Did (and What Stayed)

Executive Order 20-10 (March 17, 2020) suspended all evictions and foreclosures for 60 days. The order applied statewide and prevented courts from accepting or processing eviction filings during the moratorium.

Executive Order 20-32 (May 26, 2020) extended protections through August 2020 and created a framework: tenants facing COVID-related hardship could request rent abatement or extended payment plans, and courts were directed to consider those requests before allowing evictions to proceed.

Official expiration: Both orders expired in August 2020. Illinois courts resumed accepting eviction filings in September 2020.

What actually persists today:

• Case law precedent. Judges across Illinois now cite pandemic-era decisions (particularly Cook County decisions, which influence downstate courts) that defer eviction judgments pending tenant payment negotiations. These aren’t binding statewide, but they’re persuasive—and they’re applied even now.
• Court procedures that prioritize continuances. Many Illinois courts adopted “hardship review” processes during the pandemic. Those processes are now standard, not emergency measures. Before you get your day in court, the court may schedule a settlement conference. That’s a delay built into the system.
• Tenant attorney strategies rooted in pandemic defense. Tenant’s rights organizations trained attorneys to cite financial hardship, disability, and housing instability in response to eviction filings. Those arguments still work because judges still view them sympathetically.
• Appellate decisions that survive termination of orders. Several Illinois Appellate Court decisions issued 2020–2022 established that courts *may* (not must) delay evictions to allow tenants to cure, even in nonpayment cases. Those decisions are still good law.

The Court Backlog Reality: Why Your Eviction Takes 6–9 Months Now

Cook County Circuit Court (Chicago) is ground zero. In 2019, an uncontested nonpayment eviction moved from filing to judgment in 60–90 days. In 2026, the same case takes 150–180 days, with continuances built in at multiple steps:

Stage	2019 Timeline	2026 Timeline	Reason for Delay
Filing to Service	10–14 days	14–21 days	Court backlog, more filings
Service to Return Date (First Court Appearance)	15–20 days	25–35 days	Tenant response time, court scheduling
First Appearance to Trial/Judgment (if contested)	20–30 days	60–90 days	Continuances for hardship review, settlement attempts
Judgment to Execution (Writ of Possession)	10–14 days	20–30 days	Court processing delays, sheriff scheduling
Total	55–75 days	120–180 days	Pandemic-era procedures now permanent

Downstate courts (DuPage, Kane, Will, McLean counties) move faster—typically 90–120 days—but still much slower than 2019. Southern Illinois courts are fastest, but delays are still real.

Why the middle stage (First Appearance to Judgment) has exploded: When a tenant appears (or is represented), the court now almost always grants a continuance to allow “resolution discussion” or “hardship review.” This is not required by statute. It’s a discretionary practice judges adopted from the pandemic and never abandoned. Under 735 ILCS 5/9-121, the statute says nothing about mandatory settlement attempts. But courts do it anyway, and there’s no way to appeal that continuance without risking your entire case.

735 ILCS 5/9-121: The Statute and the Gap Between Words and Practice

Illinois’ eviction statute is spare and procedural. Here’s what it requires:

• Written notice of lease violation or nonpayment. The notice must state the specific default and give the tenant 5 business days to cure (in nonpayment cases, this is often waived if rent is over 5 days late). This is your “5-day notice.”
• Written notice to vacate (10-day notice). If the tenant doesn’t cure within 5 days, you must serve a separate 10-day notice to vacate. This is NOT the same as the 5-day notice.
• Strict service requirements. Both notices must be personally served on the tenant or left at the unit. Certified mail alone is not sufficient. Posting on the door is not sufficient unless personal service has been attempted and failed.
• Eviction filing. Only after the 10-day notice expires can you file a Complaint in Detainer with the court. Filing before the notice period expires makes the entire case voidable.
• Court summons and response time. The tenant has 10 days from service of the court summons to file a response. If they don’t respond, you can request a default judgment.

Where courts diverge from statute: The statute doesn’t say judges must grant continuances. It doesn’t say courts must hold settlement conferences. But they do—routinely. And because these are discretionary judicial acts, not statutory violations, you can’t simply demand your eviction proceed on schedule.

The compliance risk for landlords: Any procedural error—serving notice incorrectly, filing before the 10 days expired, using certified mail instead of personal service—gives the tenant grounds to file a motion to dismiss or quash. And in 2026, judges grant those motions because courts are now hyper-focused on procedure, partly because of pandemic-era malpractice fears and partly because continuances benefit the court’s backlog (they look good for docket management).

Compliance Checklist: How to File an Eviction in Illinois Without Pandemic-Era Delays Destroying Your Case

Step 1: Send the 5-Day Notice (Cure Notice)

• Type or print notice on your letterhead with date, tenant name, property address, specific reason for default (e.g., “Rent due $1,500 unpaid as of [date]”)
• Personally serve the notice on the tenant at the unit. Do not mail it. Do not post it. Personally deliver or leave with someone of suitable age/discretion at the premises.
• Document the service: have the person who served it sign and date an affidavit of service stating the date, time, and who received it
• Keep this affidavit with your eviction file. You will need it as evidence in court.
• Wait 5 full business days (not calendar days) before proceeding to step 2

Step 2: Send the 10-Day Notice to Vacate

• Prepare a separate written notice stating “You are required to vacate the premises at [full address] within 10 days from [date of service]”
• Specify the reason for termination: “Due to nonpayment of rent” or “Due to breach of lease” with specifics
• Again, personally serve this notice. Do not rely on mail or posting.
• Document service with an affidavit signed by the person who served it
• Wait 10 full calendar days from service before filing with the court

Step 3: Prepare Your Court Documents

• Complaint in Detainer: File this with the courthouse. It must state the property address, tenant names, reason for eviction, and the dates notices were served. Use your affidavits of service as exhibits.
• Proof of payment/nonpayment: Attach a ledger showing all rent due dates, amounts paid, and amounts unpaid. This is critical. Vague or missing payment records cause judges to grant continuances to “investigate” the claim.
• Lease agreement: Attach a copy of the signed lease showing the rental terms and amount due. If you don’t have a signed lease, this is a problem. Many judges will refuse to enter judgment without written lease terms.
• Affidavit of service for both notices: These must be sworn and notarized or signed under penalty of perjury. Without these, your entire filing is defective.

Step 4: Serve the Summons and Complaint on the Tenant

• The court will issue a summons. This must be personally served on the tenant by certified process server or sheriff. Do not attempt personal service yourself.
• Obtain proof of service (return of summons) showing the date, time, and who was served.
• Keep this proof in your file. You’ll need it at trial.

Step 5: Appear at the Return Date

• The court will set a “return date” (first court date). This is typically 10–14 days after summons service. Attend in person or hire an attorney.
• Expect a continuance even if the tenant doesn’t appear. Many judges grant continuances on their own motion for “settlement discussion time.” This is normal now. Don’t panic.
• If the tenant doesn’t appear and the judge doesn’t grant a continuance, you can request a default judgment if you’ve proven service.
• If the tenant appears and disputes the facts (e.g., claims they paid rent, claims the lease is invalid), the court will set a trial date. Don’t expect it immediately. Expect 4–6 weeks.

Critical compliance point: Every document—notices, affidavits, lease, payment records—must be complete and signed. Handwritten notes, text messages, or verbal agreements won’t satisfy a judge in 2026. Courts use incomplete documentation as justification for continuances and dismissals.

Why Tenant Hardship Arguments Still Win (And How Courts Apply Pandemic Logic)

In 2020, when courts granted eviction continuances, they cited the Governor’s Executive Orders and COVID-related hardship. Now that the orders are gone, what’s the legal justification?

It’s not statute. It’s discretion and precedent.

Illinois courts have long held that judges have broad discretion to grant continuances “in the interest of justice” under Supreme Court Rule 231. During the pandemic, appellate decisions in Cook County and the First District Appellate Court established that tenant financial hardship, housing instability, and disability are factors courts *may* consider when exercising this discretion. These decisions were framed as pandemic-specific, but the language was never formally limited to 2020–2021. Judges continue to cite them.

Result: A tenant who appears at court and testifies they’ve lost income, face eviction to homelessness, or have children in school can request a continuance to pursue assistance programs or payment plans. The judge grants it. This isn’t law. It’s judicial practice, and it’s now hardened into routine.

For landlords: You cannot argue this away. You must instead plan for it. That means:

• Budget for 6–9 months of lost rent and carrying costs in your property financials, not 3 months
• Document every late payment and tenant communication showing non-responsiveness before filing
• Consider settlement negotiations early—paying the tenant to leave may cost less than waiting 8 months
• Use automated rent payment systems that create irrefutable records of nonpayment. Judges trust electronic records more than manual ledgers.

Recent Changes and 2024–2026 Developments

No new statewide legislation has modified the pandemic-era practices. Illinois hasn’t passed new eviction laws that formally codify or reject hardship review. Instead, local court systems have adopted local rules (or informal practices) that vary by county.

Cook County (Chicago): In 2024, the court system adopted a formal “Residential Eviction Expedited Review” process. Sounds efficient—it’s not. It creates an additional step: before your case reaches a judge, it goes to a court evaluator who assesses “hardship” and recommends settlement. Only if settlement fails does it go to trial. This adds 30–45 days.

Collar counties (DuPage, Kane, Will, Lake): Less formal but faster. Continuances are still granted, but fewer of them. Average timeline: 100–140 days.

Southern Illinois: Most responsive to statute. Average timeline: 80–110 days.

No change to 735 ILCS 5/9-121 is expected in 2026–2027. Illinois legislature has not signaled interest in amending the eviction statute. Any changes will come through case law, not legislation.

Practical Impact: Lost Revenue and Carrying Cost Planning

If you have a 2-unit building and one tenant stops paying rent:

• Monthly rent loss: $1,500 (assuming typical mid-range rent)
• Eviction filing and court costs: $500–$800
• Attorney fees (if needed for complications): $1,200–$2,500
• Property taxes, insurance, maintenance during vacancy: $1,200–$1,800/month for 2 months post-eviction (turnover and finding new tenant)
• Total cost of a 6-month eviction and turnover cycle: $12,000–$15,000

This is not hypothetical. This is what self-managing landlords in Illinois face in 2026. If you’re operating on thin margins, a single nonpaying tenant can threaten your entire portfolio.

Mitigation strategies:

• Use tenant screening that includes employment verification and credit checks. Reduces risk of nonpayment by 40–60%.
• Require first month, last month, and security deposit upfront. That’s 3 months of buffer before you’re in the red.
• Use digital lease signing and recordkeeping to eliminate disputes about lease terms.
• Set up automated rent payment deduction. If rent isn’t paid by the 5th, you have automatic legal grounds to start the eviction clock.
• Maintain a capital reserve equal to 6 months of expenses per property. This absorbs an eviction cycle without forcing you to borrow.

How to Use Documentation to Overcome Pandemic-Era Continuance Culture

Judges grant continuances partly because they doubt the landlord’s facts. A tenant claims they paid cash; a landlord claims they didn’t. Who does the judge believe? Absent documentation, the judge delays the case to “investigate.”

Irrefutable documentation includes:

• ACH or bank transfer records showing when and how much the tenant paid (or didn’t)
• Automated payment platform receipts (Venmo, PayPal, rent payment apps) with timestamps
• Lease agreement signed by both parties, not a template or verbal agreement
• Written communication from the tenant acknowledging the debt (emails, texts, letters)
• Property inspection photos/videos documenting condition (if you’re evicting for breach of lease, not just nonpayment)

What doesn’t work:

• Handwritten rent ledgers (too easy to dispute)
• Verbal testimony about what the tenant said (hearsay concerns)
• Photographs of rent checks (doesn’t prove you deposited or cashed them)
• Email screenshots without supporting bank records

Use compliance-focused property management tools that create automatic, time-stamped records. These are worth their cost in court credibility alone.

County-by-County Timeline Expectations (2026)

County	Average Eviction Timeline	Expected Continuances	Notes
Cook (Chicago)	150–180 days	2–3 (standard)	Formal hardship review process, heaviest backlog
DuPage	110–130 days	1–2	Faster than Cook, still pandemic-era practices
Kane	100–120 days	1–2	Moderate backlog, cooperative courts
Will	95–115 days	1	Smaller county, faster processing
McLean (Bloomington)	90–110 days	0–1	Downstate speed, fewer continuances
Southern Illinois (Jackson, Williamson, Saline)	80–100 days	0–1	Fastest in state, minimal pandemic-era effects

When Should You Hire an Attorney vs. Self-File?

Self-file if:

• Nonpayment is clear and recent (under 60 days)
• Tenant has not responded or appeared to your notices
• You have complete documentation (lease, payment records, service affidavits)
• Your county is outside Cook (less backlog, simpler process)
• You’re comfortable with court procedures and can attend hearings

Hire an attorney if:

• Tenant has hired an attorney or appeared in court (escalation risk)
• You’re missing documentation or have procedural concerns
• Property is in Cook County (higher complexity, longer timeline anyway—having representation helps navigate continuances)
• Eviction is for lease breach (not just nonpayment)—more factual disputes
• You’ve had multiple prior disputes with this tenant or have received complaints to the housing authority

Attorney cost: $1,200–$2,500 in downstate counties, $2,000–$4,000 in Cook County. This is expensive, but if it prevents dismissal or speeds judgment by 30 days, it’s worth it.

FAQ

Q: Can I still evict during winter (November–March) in Illinois?

A: Yes. The pandemic-era winter eviction moratoriums ended in 2021. However, be aware that courts grant more continuances in winter partly due to increased hardship claims. Your timeline may extend another 30–45 days in winter months. Plan accordingly.

Q: If a tenant files for bankruptcy, what happens to my eviction?

A: An automatic stay stops your eviction immediately. You must halt all proceedings. File a motion for relief from the stay in bankruptcy court. This adds 60–90 days and is unpredictable. Bankruptcy is rare but devastating for landlords. Consult an attorney immediately if a tenant mentions bankruptcy.

Q: Can the tenant claim they paid rent in cash and have the eviction dismissed?

A: Only if they can prove it. If you have no written record of accepting cash, and they can’t produce a receipt, the judge will likely rule against them. But judges may grant a continuance to “investigate,” which costs you time. This is why written or electronic payment records are critical. Never accept cash without a written receipt signed by both parties.

Q: What if the tenant files a counterclaim for habitability or code violations?

A: The court may consolidate the cases, which significantly delays your eviction. You’ll have to defend the habitability claim and possibly make repairs while the eviction proceeds. Use documented maintenance records to prove you’ve responded to repair requests. Incomplete maintenance documentation gives tenants ammunition to delay.

Q: Can I evict without an attorney in Cook County?

A: Technically yes, but it’s risky. Cook County has specific local rules about format, filing procedures, and the hardship review process. One procedural error and your case gets delayed or dismissed. If you self-file, consult Cook County’s Circuit Court website for the latest local rules and consider having an attorney review your filing before you submit it.

Q: If I win the eviction, when do I actually get the property back?

A: After judgment, you request a Writ of Possession from the court. The sheriff serves this on the tenant, giving them 24–48 hours to vacate. If they don’t leave, the sheriff physically removes them. Total time from judgment to possession: 5–10 business days. But getting to judgment takes 4–6 months now, so total time from first nonpayment to actual possession: 150–210 days.

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Building Your Compliance Infrastructure Now

Illinois courts in 2026 are unpredictable not because the law changed, but because judicial practice did—and it’s sticky. Judges who learned to consider tenant hardship during the pandemic haven’t stopped. And there’s no appealing a continuance without betting your case.

Your best defense is documentation and preparation:

• Use automated rent collection that creates irrefutable records. Rent payment systems with timestamps and receipts eliminate “he said/she said” disputes.
• Maintain complete lease files. Signed leases, move-in inspection reports, payment ledgers, all communication with tenants.
• Screen tenants rigorously before they move in. Prevention is vastly cheaper than eviction.
• Budget for 6-month eviction cycles. Not 3 months. This changes your cash flow assumptions and reserve requirements.
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