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

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?

County	Mandatory Mediation Rule	Typical Timeline
Cook	Mandatory for all non-payment cases	30-60 days before trial
DuPage	Mandatory if tenant is represented by counsel	45 days
Lake	Optional (judge may order at trial)	N/A unless ordered
Will	Mandatory for all residential evictions	30-45 days
Kane	Mandatory for non-payment cases	40-60 days

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

Document	Why It Matters	Consequence if Missing
Signed lease with rent terms	Proves rent obligation and amount	Case dismissed; must refile
Written demand for rent with proof of service	Statutory requirement under 735 ILCS 5/9-121	Case dismissed; must refile and reserve
Bank statements or account ledger showing non-payment	Proof of exact amount owed and payment dates	Judge may reduce judgment amount or order dismissal
Proof of service of complaint on tenant	Establishes jurisdiction and due process	Case dismissed; must refile
Verified affidavit (sworn statement by you)	Establishes your personal knowledge of facts	Case may be dismissed; damages possible for false statements
Email or text message communications (if any) with tenant about rent	Shows good-faith effort to resolve before eviction	Not required, but helpful if tenant claims you never demanded payment

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.