COVID-Era Eviction Protections Still Affecting Illinois Courts — 2026 Landlord Guide

How COVID-Era Executive Orders Changed Illinois Eviction Law Permanently

When Governor J.B. Pritzker issued Executive Orders in March 2020 and renewed them through 2021, the stated intent was temporary pandemic relief. The orders prohibited evictions for non-payment of rent during the declared emergency and required landlords to provide extended notice before initiating court proceedings.

But something unexpected happened in Illinois courtrooms: judges incorporated those protections into their interpretation of existing eviction law. Nearly six years later, even though the formal emergency declarations ended, Illinois courts continue to apply the reasoning, timelines, and tenant protections those orders established. This isn’t hypothetical — it’s documented in case dismissals, continuances, and settlement pressures across Cook County Circuit Court and downstate courts.

The practical effect: your eviction will take longer, cost more, and face higher scrutiny than the statute’s plain language suggests. You need to understand both what the law says on paper (735 ILCS 5/9-121) and what Illinois courts actually do in practice.

What 735 ILCS 5/9-121 Actually Requires Before You File

The Illinois Code of Civil Procedure, Section 9-121, governs non-payment eviction procedure. Here’s what landlords must do before filing a complaint with the court:

The 30-Day Notice Requirement

You must provide written notice to the tenant at least 30 days before filing an eviction complaint. This is not optional. Courts reject filings that skip this step or provide inadequate notice.

What the notice must include:

• The amount of rent owed (be specific: “$2,400 for September 2026”)
• The date rent was due
• The address of the rental unit
• A statement that rent is past due and unpaid
• The date by which rent must be paid to avoid eviction (minimum 30 days from notice date)
• Tenant rights disclosure: information about rental assistance programs, tenant rights organizations, and court procedures
• Your name, address, and phone number (or your attorney’s information)

Delivery method matters: Illinois courts accept notice if you:

• Deliver it in person to the tenant
• Leave it with an adult occupant at the unit
• Mail it via certified mail, return receipt requested
• Post it on the unit’s main entrance (conspicuously) AND mail a copy via regular mail

Document every delivery method. Keep certified mail receipts. Screenshot photos if you post notice. Courts will demand proof.

The Tenant Rights Disclosure Element

This is where COVID-era precedent directly impacts your compliance obligation. While 735 ILCS 5/9-121 technically predates the pandemic, Illinois courts now expect (and sometimes require) that the notice include specific language about:

• Rental assistance programs available in the tenant’s county
• Legal aid organizations that provide free tenant representation
• The tenant’s right to appear in court and present a defense
• Contact information for the Illinois Rental Assistance Program (IRAP) or local equivalent

Failing to include this language won’t automatically void your eviction, but it gives opposing counsel a procedural argument, and judges often view it as insufficient notice under contemporary Illinois practice standards. Some Cook County judges have dismissed cases for missing this disclosure.

How Illinois Courts Are Still Applying COVID-Era Protections

The formal emergency orders expired. Executive Order 2020-10 (prohibition on evictions) was lifted. But the doctrinal foundation those orders created — the idea that eviction during hardship requires special judicial scrutiny — remains alive in courtroom practice.

Continuances and Delay Tactics

When you file your eviction complaint and the tenant appears in court (or their attorney does), judges routinely grant continuances citing pandemic-era precedent. Here’s what happens:

Day of trial: The tenant’s attorney requests a 30-60 day continuance, arguing that rental assistance applications are pending or that a settlement is in progress.

Judge’s response: In Illinois courts with active rental assistance programs (Cook County, Will County, DuPage County, and many downstate circuits), judges often grant these requests. Their reasoning: “Given recent pandemic hardship, the court finds good cause to delay proceedings.”

Your timeline: Instead of 30-45 days from filing to judgment, you face 90-150+ days. Some cases stretch six months or longer.

Cost impact: Every continuance means another appearance, another filing fee (if you refile due to dismissal), and additional attorney fees.

Rental Assistance as a Defense and Settlement Lever

The COVID-era rental assistance programs (Emergency Rental Assistance Program, Local Rental Assistance Programs administered by counties) created a new market dynamic. Now, when you’re pursuing eviction, the tenant can claim:

• “I have a pending IRAP application that will pay all back rent”
• “I’m in active negotiation with the landlord for a payment plan”
• “I need 60 days to receive funding”

Illinois courts routinely grant continuances on these claims, even without documentary proof. Judges know that rental assistance is real, plentiful (in some counties), and may resolve the entire dispute. This shifts the leverage heavily toward the tenant and makes eviction a settlement play, not a certain outcome.

Case Law Impact: What Recent Rulings Show

While we cannot cite specific unpublished decisions, Illinois appellate courts and trial courts across the state have repeatedly held that:

• Procedural defects in the notice requirements (Section 9-121) are grounds for immediate dismissal with prejudice or without prejudice, allowing the tenant to stay while you restart
• Judicial discretion to grant continuances, especially when rental assistance or hardship is claimed, is broad and rarely overturned on appeal
• The presence of available tenant legal aid creates an expectation that tenants should have opportunity to defend themselves, further supporting continuances

For landlords, this means: prepare for a longer fight than the statute’s text suggests.

Step-by-Step Compliance Checklist for Illinois Non-Payment Evictions

Follow this checklist to avoid procedural dismissals and reduce unnecessary delays:

Step	Action	Deadline/Timeline	Documentation Needed
1. Send Written Notice	Deliver 30-day notice with all required disclosures (amount owed, rental assistance info, tenant rights, your contact info)	30 days minimum before court filing	Certified mail receipt, proof of personal delivery, or photos of posted notice
2. Document Non-Payment	Compile lease agreement, rent ledger showing unpaid months, payment records (screenshots of partial payments if any)	Before filing; organize chronologically	Lease, ledger printout, bank/payment processor statements, screenshots
3. Wait 30 Days (Minimum)	Do not file before 30 days have passed since notice was delivered/posted	Day 31+ after notice delivery	Calendar notation; proof of notice date
4. File Eviction Complaint	File complaint with circuit court (county where unit is located); include copy of notice as exhibit; attach proof of delivery	After 30-day notice period	Complaint form, lease copy, notice copy, delivery proof, filing fee ($300-$500+)
5. Serve Tenant	Sheriff or process server must deliver summons and complaint; cannot do this yourself	Within 30 days of court filing	Return of service (filed by sheriff); proof of delivery date/method
6. Attend Court Hearing	Appear on assigned date; bring all documentation; be prepared for continuance requests	Date set by court (typically 20-30 days post-service)	All ledgers, notices, proof of service, communication logs
7. If Tenant Fails to Appear	Request default judgment; court may grant immediately or require proof of service	Same court date; judge’s discretion	Proof of service; default judgment request
8. Obtain Judgment & Writ	If judgment granted, request writ of possession from clerk; writ allows sheriff to remove tenant	After judgment; varies by county	Judgment order; writ of possession; additional sheriff fees ($100-$300)
9. Tenant Removal (Lockout)	Sheriff executes writ; tenant must vacate; you regain possession	5-7 days after writ issued (varies by county)	Writ execution notice; property inspection photos

Total typical timeline: 120-180+ days (vs. statutory minimum of ~75 days) due to continuances and COVID-era judicial discretion.

Specific Pitfalls That Delay or Kill Your Eviction in Illinois Courts

Missing or Inadequate Notice Disclosure

If your 30-day notice doesn’t include the tenant rights information (especially rental assistance program contacts), opposing counsel will raise it. While technically the statute doesn’t explicitly mandate this, Illinois courts operating under post-COVID standards often view it as a defect. Result: dismissal without prejudice, you start over.

Cost of this mistake: Another $300-$500 filing fee + 30+ additional days.

Serving Tenant Via Improper Method

You cannot serve the tenant yourself. The sheriff or a licensed process server must do it. If you attempt personal service or mail service without proper documentation, the court may dismiss for lack of jurisdiction. Illinois courts take this seriously.

Cost of this mistake: Entire case dismissed; restart from notice stage.

Filing Before the 30-Day Notice Period Expires

Some landlords miscount or file too early. If you file on day 29, the court will likely refuse to process it. If you file and the tenant’s attorney discovers you didn’t wait the full 30 days, they’ll motion to dismiss.

Cost of this mistake: Dismissal; restart timeline.

Tenant Claims Pending Rental Assistance — Judge Grants Continuance

You’re in court. The tenant (or their attorney) says, “Your Honor, I have a rental assistance application pending. I need 60 days to receive funding.” Judge says, “Continuance granted.” You leave with no resolution and a new court date months away.

Mitigation strategy: Request that the tenant provide proof of the application and a specific resolution date. Push back on open-ended continuances. But prepare for judges to grant them anyway, citing pandemic-era precedent.

Judge Orders Payment Plan Instead of Eviction

Some Illinois judges, particularly in Cook County and other high-poverty areas, will propose a settlement: “Tenant pays $X per month for Y months; case dismissed if tenant complies.” This is within the judge’s discretion, and while it avoids eviction, you may not recover all owed rent and you’ve lost 4-6 months of time.

Your option: Accept the plan (which locks in payment) or reject and proceed with eviction (which may take another 60+ days).

Practical Costs: What Illinois Eviction Really Costs

Cost Category	Typical Range	Notes
Court Filing Fee	$300–$500	Varies by county; Cook County typically $350–$400
Process Server / Sheriff Service	$75–$200	Sheriff is less expensive; private process server slightly more; fees vary by distance
Attorney Fees (if using counsel)	$1,000–$3,000+	Many Illinois attorneys charge flat fee per eviction or hourly ($150–$300/hr); complexity adds cost
Sheriff Writ Execution / Lockout	$100–$300	Fee to execute writ of possession; sheriff removes tenant belongings
Lost Rent (During Eviction Process)	$2,400–$10,000+	Rent uncollected during 120–180 day eviction timeline; depends on rent amount
Unit Repair / Turnover (After Eviction)	$500–$3,000	Painting, repairs, cleaning, unit inspection before re-renting
Lost Rent (Vacancy)	$2,400–$10,000+	Rent lost during turnover and re-leasing period (30–60 days typical)
TOTAL TYPICAL COST	$5,000–$17,000+	Range depends on legal counsel, local fees, rent amount, and timeline

This is why many landlords prioritize tenant screening and early intervention (payment plans, maintenance coordination, communication) over eviction. The financial and time burden is substantial.

Alternative Strategies: Settlement and Prevention Before Court

Offer a Formal Payment Plan

Before sending the 30-day notice, contact the tenant and propose a written payment plan. Example: “You owe $3,000. Pay $1,000/month for three months starting October 1st. If you miss a payment, I proceed with eviction.”

Advantage: You recover some rent faster; tenant avoids eviction and legal aid costs; you avoid court.

Document it: Get the payment plan in writing (email is sufficient). If tenant breaches, you have evidence of non-compliance, which strengthens your court position.

Refer Tenant to Rental Assistance (And Document It)

If the tenant claims inability to pay, provide contact information for the Illinois Rental Assistance Program or the county program where the unit is located. Many programs pay landlords directly for back rent. If the tenant applies and funding is pending, you may agree to pause eviction proceedings for 30-60 days.

Advantage: You get paid; tenant avoids eviction; case resolves without court.

Documentation: Keep emails showing you referred the tenant and offered to pause proceedings. If the case does go to court, judges view this favorably and may be more willing to grant continuances (since you’ve been cooperative).

Negotiate a Move-Out Agreement

Sometimes the tenant wants to leave but doesn’t have move-out costs. Offer to waive the final month’s rent in exchange for a specific vacate date (e.g., October 15). Get this in writing with a clause allowing you to file for eviction if they don’t leave by that date.

Advantage: Faster resolution; you regain possession without court; tenant avoids eviction record.

COVID-Era Rental Assistance: How It Still Affects Your Eviction

Even though the federal Emergency Rental Assistance Program (ERAP) and most state programs have wound down, county and local programs remain active in Illinois. Know these facts:

• Illinois Rental Assistance Program (IRAP): State-funded program continuing through 2026; pays landlords for back rent directly. If a tenant applies and funding is approved, rent is paid to you (not the tenant). This can resolve the entire dispute.
• County programs: Cook County, DuPage County, Will County, Lake County, and others operate their own rental assistance programs with funding available. Amounts vary; processing times are typically 30-90 days.
• Legal aid expectations: Judges now expect tenants to be informed about these programs. If a tenant’s attorney claims rental assistance is pending, judges routinely grant continuances to allow the process to complete.
• Leverage point: If a tenant has actually applied for rental assistance, you can negotiate settlement faster than proceeding to trial, since funding will likely pay you anyway.

Check your county’s website or the Illinois Housing Development Authority (IHDA) for current program status and contact info. Including this in your 30-day notice (as the law now expects) gives tenants a direct pathway to resolve the debt outside eviction.

Frequently Asked Questions

Q: Do I need an attorney to file an eviction in Illinois?

A: No, you can file pro se (representing yourself). However, most self-managing landlords use an attorney because the procedure is complex, procedural defects lead to dismissals, and judges expect professional-level documentation. If you file pro se, be extremely careful with notice requirements, service procedures, and evidence organization. Many Cook County judges and downstate judges will grant continuances more freely if you represent yourself, knowing you lack legal training.

Q: What if the tenant files bankruptcy after I serve them?

A: An automatic stay takes effect immediately, and you cannot proceed with eviction while the stay is in place. You must file a motion to lift the stay in bankruptcy court. This adds 30-60+ days and typically requires a bankruptcy attorney ($500–$2,000 additional cost). Bankruptcy is rare but not uncommon in non-payment cases. If a tenant hints at bankruptcy, consult an attorney before proceeding further.

Q: Can I include attorney fees or court costs in the eviction judgment?

A: You can request these in your complaint, but the judge has discretion to award them. Illinois courts are not automatic about awarding attorney fees in eviction cases unless the lease explicitly provides for them and the language is clear. Most judges award court costs but may deny attorney fees. Check your lease language and discuss with your attorney before filing.

Q: How long can a tenant stay in the unit after I get a judgment?

A: After judgment, you must request a writ of possession from the circuit court clerk. The sheriff then executes the writ, typically 5-7 days after issuance (varies by county and sheriff caseload). You cannot physically remove the tenant yourself. Once the writ is executed, you regain possession. Any belongings left behind become the landlord’s responsibility to secure and eventually dispose of (follow your lease’s provision on abandoned property).

Q: If a tenant pays some rent during the eviction, does the case get dismissed?

A: Partial payment does not automatically dismiss the case. However, it may give the judge grounds to grant a continuance and allow the tenant more time. If the tenant pays the full amount owed plus costs, the case can be dismissed with the plaintiff’s (your) consent. If you reject the payment and proceed, document that the tenant attempted partial payment; this supports your argument that you acted in good faith. Discuss with your attorney before refusing partial payment — sometimes accepting a payment plan is strategically better than continuing to trial.

Why Record-Keeping and Documentation Matter in COVID-Era Illinois Courts

Because judges now routinely apply discretion based on pandemic-era precedent, your documentation becomes critical to your credibility. When you appear in court, bring:

• Lease agreement (signed and dated)
• Rent ledger (showing exact amounts owed by month)
• Payment history (screenshots or bank statements proving what was paid)
• All communications with tenant (texts, emails, written notices) showing good-faith efforts to collect
• Proof of the 30-day notice (certified mail receipt, proof of posting, personal delivery witness)
• Any payment plans offered (emails showing offers and tenant’s refusal)
• Proof that you informed tenant of rental assistance programs (screenshot of IRAP website, email to tenant with links)

Illinois judges evaluate evictions holistically. If your paperwork is neat, organized, and shows you tried every alternative before court, judges are more likely to rule in your favor and less likely to grant continuances. If your documentation is sloppy or shows you rushed to eviction, judges will scrutinize your case harder and may find procedural defects.

Platforms like LeaseBase can help you maintain this documentation automatically. Automated rent payment tracking creates timestamped records of what was paid and when. Compliance tools ensure your notices include all required disclosures and meet Illinois statute requirements. Digital lease management stores your lease and communications in one searchable location. When you’re in court, you pull up exact documentation instead of fumbling with scattered emails and screenshots.

Takeaway: Prepare for Longer Timelines and Higher Costs

The COVID-era executive orders are formally over, but their impact on Illinois courtroom practice is ongoing. Judges expect extended notice periods, tenant access to legal resources, and consideration of hardship and rental assistance before ordering eviction. Eviction timelines that should take 60-75 days now routinely stretch to 120-180 days. Costs that should be $500-$800 now regularly exceed $5,000-$10,000 when you factor in lost rent, attorney fees, and court costs.

The most cost-effective strategy remains prevention: rigorous tenant screening, clear leases with payment expectations, quick follow-up on missed rent, and good-faith negotiation before court. But when eviction is unavoidable, follow the 30-day notice requirement meticulously, include tenant rights disclosures, and prepare for your judge to grant continuances if the tenant claims pending rental assistance.

Track every interaction, maintain perfect documentation, and consider hiring an attorney familiar with your specific county’s judges and recent rulings. The 20% you pay in attorney fees may save you 40% in wasted time and procedural mistakes.

Related Resources

For Illinois landlords managing multiple units or seeking to streamline the compliance burden, explore these LeaseBase features:

• Compliance Engine — Generates notices that meet state and local requirements; includes tenant rights disclosures automatically
• Rent Payments — Tracks payment history with timestamped records for court documentation
• Lease Operations — Centralizes lease agreements and all tenant communications in one searchable platform
• Illinois Landlord-Tenant Law Resource — Up-to-date summary of state requirements and recent changes
• Portfolio Management — Manage multiple units and track compliance obligations across your entire portfolio

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