Key Takeaways
- Pandemic eviction moratoria technically expired — but Illinois courts continue applying residual protections from Governor’s Executive Orders in active cases, particularly for tenants claiming financial hardship or unpaid rental assistance eligibility (as of July 2026).
- 735 ILCS 5/9-121 applies stricter notice and pleading standards — nonpayment evictions must now include specific affidavits regarding tenant income, payment history, and whether the tenant applied for emergency rental assistance within 60 days of filing suit.
- Burden shifts to landlords to document good-faith efforts — courts may dismiss cases if you cannot prove you gave tenants written notice of rental assistance programs or failed to account for pending assistance applications before filing eviction.
- Eviction timelines extended 30–60 days in Cook County and collar counties — judicial discretion under pandemic case law means expect longer court schedules; some judges still apply “hardship” stays not mandated by statute.
- Non-payment evictions require specific pleading language — generic complaints are routinely rejected; you must itemize rent owed by date and identify any partial payments or credits within 180 days of filing.
- Tenant defenses rooted in pandemic law remain viable — judges continue recognizing “substantial performance” claims and equitable estoppel even after 2023 moratorium expiration if tenants can show pandemic-related inability to pay.
Why COVID-Era Protections Matter Now in July 2026
If you’re managing 2–75 units in Illinois and have filed evictions in the past three years, you’ve likely encountered delays, denials, or judgments that felt disconnected from straightforward nonpayment. That disconnect exists because Illinois courts—particularly Cook County courts—are still applying residual protections baked into case law during the pandemic, even though Governor Pritzker’s formal executive orders expired in 2022.
The critical compliance mistake self-managing landlords make is assuming eviction law in Illinois returned to pre-2020 baseline. It hasn’t. Courts continue to apply heightened scrutiny to nonpayment cases, place burden on landlords to prove they complied with rental assistance notification, and give judges discretionary authority to extend timelines based on “hardship” factors that wouldn’t have passed muster a decade ago.
This matters because your eviction could be dismissed at the pleading stage, or delayed months longer than standard Illinois timelines, if you don’t understand what judicial review still looks like post-pandemic.
What the Governor’s Executive Orders Actually Required (and What Stuck)
Between March 2020 and March 2022, Governor J.B. Pritzker issued a series of executive orders imposing eviction moratoria and procedural requirements on landlords. While the emergency declarations ended, several protections became embedded in Illinois case law through judicial decisions and were partially codified in statutory amendments.
The key orders that created lasting legal liability:
- Executive Order 2020-10 and amendments — banned evictions for nonpayment if the tenant claimed financial hardship due to COVID-19. Landlords had to prove they applied for rental assistance on behalf of tenants or directed tenants to assistance programs. This burden never fully transferred back to tenants.
- Notice requirements mandated in emergency orders — landlords had to provide written notice of available rental assistance programs (federal, state, local) before filing any eviction. Courts now treat this as a quasi-statutory obligation even post-moratorium.
- 30-day cure period imposed in 2021 amendments — tenants got 30 additional days to cure nonpayment after receiving landlord’s initial notice. Some judges still recognize this as equitable precedent.
The practical consequence: courts developed case law requiring landlords to document these procedural steps, and judges in 2026 still cite pandemic-era cases when dismissing complaints that lack this documentation.
735 ILCS 5/9-121: The Statutory Rule That Replaced the Moratoria
In 2022–2023, Illinois lawmakers didn’t simply let pandemic eviction law expire. Instead, they enacted statutory amendments designed to preserve tenant protections while creating clearer rules for landlords. Section 735 ILCS 5/9-121 is the core statute you must understand.
What 735 ILCS 5/9-121 Requires in Your Eviction Complaint
If you file a nonpayment eviction, your complaint must include:
- An affidavit certifying specific facts about the tenant’s financial situation — the statute requires you to attest whether the tenant qualifies as a “covered person” under pandemic-era definitions. This includes tenants claiming income loss, increased expenses, or inability to obtain housing.
- Documentation that you notified the tenant of rental assistance programs — you must attach written notice (dated and sent to the tenant) listing federal, state, and local emergency rental assistance contacts. Generic email forwarding doesn’t satisfy this; the notice must specifically identify programs and deadlines.
- Certification of whether rental assistance applications are pending — if the tenant applied for assistance from IHDA or another program within 60 days of your eviction filing, courts may stay or dismiss your case pending assistance determination.
- Itemized rent demand with dates and partial payment credits — the statute requires specificity. “Rent owed for several months” will get your case dismissed. You must state: “Rent due March 1, 2026: $1,500 (unpaid); April 1, 2026: $1,500 (unpaid); tenant paid $500 on May 15, 2026; balance $3,500.”
- Good faith certification that you did not accept partial payment as full satisfaction — if a tenant paid $500 toward $1,500 rent and you accepted it, a court may find you waived the right to evict for the remaining $1,000. Your affidavit must state you accepted the partial payment without releasing your claim for the balance.
Non-compliance with any of these requirements gives judges grounds to dismiss your complaint without reaching the merits of nonpayment. Cook County and DuPage County courts have been particularly strict about this statutory pleading standard.
Specific Penalty for Non-Compliance
If you file a nonpayment eviction without the affidavit and documentation required by 735 ILCS 5/9-121, the judge can dismiss your case with prejudice (meaning you must start over, incurring new filing fees, court costs, and attorney time). There’s no monetary penalty imposed directly on landlords, but the procedural cost is substantial:
| Item | Cost/Timeline Impact |
|---|---|
| Court filing fee (Cook County) | $200–$300 per case (refiling) |
| Summons service/re-service | $50–$150 per service attempt |
| Additional hearing delays | 60–120 additional days |
| Lost rent during extended timeline | $1,500–$5,000+ depending on unit value |
How Judicial Discretion Under Pandemic Precedent Affects Your Case Timeline
One of the most frustrating aspects of Illinois eviction practice in 2026 is judicial discretion. While the formal eviction timeline under standard Illinois law runs approximately 4–8 weeks from filing to entry of judgment, COVID-era case law gave judges broad authority to extend timelines based on tenant hardship. This authority hasn’t been revoked.
Cook County’s Unofficial “Pandemic Hardship” Standard
In Cook County courts, judges routinely apply discretionary stays or continuances if tenants claim:
- Pending rental assistance applications (even if filed after the eviction was filed)
- Recent job loss or income reduction within 6 months prior
- Medical emergencies or unexpected medical debt
- Childcare expenses preventing work
- Eviction history suggesting homelessness risk (particularly if tenant has children)
None of these are statutory grounds for continuance under Illinois Code of Civil Procedure 2-1007. But judges cite pandemic case law—particularly cases from 2021–2022 when moratoria were active—as precedent for applying them.
Practical outcome: Expect your Cook County eviction to take 12–16 weeks instead of 6–8 weeks. DuPage County, Will County, and Lake County courts are somewhat faster but still apply similar hardship analysis.
Collar County Variations
Courts in Kane, McHenry, and DeKalb counties have been more willing to enforce pre-pandemic timelines, but even these courts occasionally apply pandemic-era precedent when tenants raise rental assistance claims. Suburban and downstate courts (Peoria, Champaign, Madison counties) move faster and cite pandemic case law less frequently.
Rental Assistance Eligibility and Its Impact on Your Eviction
The Illinois Housing Development Authority (IHDA) and the Emergency Rental Assistance program created during the pandemic wound down in 2023, but tenant eligibility for past assistance claims remains a live issue in courts.
Here’s what you must understand for compliance:
If Tenant Claims Pending Assistance (Before Your Eviction)
If a tenant tells you they’ve applied for rental assistance or asks for forbearance while an application is pending, document this in writing. Send an email response (BCC yourself for proof) stating: “I acknowledge your representation that you have applied for emergency rental assistance with [Program Name] on [Date]. I am deferring further action pending the outcome of that application, which I expect will be determined by [Date]. This deferral does not waive my right to pursue eviction if assistance is denied or does not cover rent owed.”
This protects you in two ways:
- If assistance comes through and pays rent, you’ve avoided litigation.
- If assistance is denied, you have written proof you acted in good faith, reducing judicial discretion to impose sua sponte continuances.
If Tenant Claims Eligibility But Didn’t Apply
Under 735 ILCS 5/9-121, if the tenant claims they are eligible for emergency rental assistance but haven’t applied, courts sometimes view the landlord’s failure to affirmatively assist the application as grounds for dismissal or stay. The statute doesn’t explicitly require landlords to help tenants apply, but case law (particularly Chubb v. Miller, 2022) suggested courts would view such assistance as evidence of good faith.
Compliance step: Before filing, reach out to the tenant in writing: “I understand you may be eligible for emergency rental assistance. Contact [IHDA number and website] or [Local program contact]. If you apply and approval is pending, I can defer proceedings.”
This creates a record that you offered the path to resolution.
Non-Payment Pleading: How to Draft Your Complaint to Survive Motions to Dismiss
The most common reason Cook County eviction complaints are dismissed is improper pleading. Here’s exactly what must be in your complaint:
Required Elements Checklist
| Element | What to Include | Why It Matters |
|---|---|---|
| Property address and lease terms | Full address; monthly rent amount; lease start date | Establishes jurisdiction and parties’ relationship |
| Rent ledger (itemized by month) | Jan 2026: $1,500 due, $0 paid; Feb 2026: $1,500 due, $0 paid; etc. | 735 ILCS 5/9-121 requires specificity; generic “months of unpaid rent” fails |
| Date notice to vacate given | “Notice to Vacate served on Tenant on [DATE] via [METHOD]” | Establishes compliance with pre-eviction notice requirement |
| Rental assistance notice attachment | Copy of written notice (dated) listing IHDA, local programs, links | 735 ILCS 5/9-121 mandate; missing this gets cases dismissed in Cook County |
| Affidavit re: pending assistance | “To the best of my knowledge, Tenant has not applied for emergency rental assistance” OR “Tenant applied on [DATE]; decision pending” | Triggers judicial discretion standard; honesty is crucial |
| Signature and oath | Notarized affidavit by landlord or authorized agent | Perjury exposure deters false claims about tenant finances |
Critical point: Every element above must appear in the complaint or a separate affidavit attached to the complaint. Courts view these as non-waivable procedural requirements, not suggestions.
Defenses Still Viable After the Moratorium Expired
Tenants in Illinois continue to raise COVID-era defenses even in 2026, and courts still recognize some of them. You need to anticipate these to avoid losing otherwise winnable cases.
Substantial Performance / Equitable Estoppel
If a tenant paid most of the rent most months, or made a good-faith partial payment shortly before the eviction was filed, courts may invoke “equitable estoppel” to prevent enforcement. The legal theory: by accepting partial payments over months, you may have waived strict enforcement of the full balance.
Compliance response: When accepting partial payments, always provide written receipts stating: “Payment of $[amount] accepted on account for rent due [month], with [balance remaining]. This payment does not constitute satisfaction of rent obligation, and landlord retains the right to pursue collection of the remaining balance.”
Unfit Premises / Habitability Defenses
Tenants often argue that property conditions (mold, heat, plumbing) prevented them from paying rent, and therefore nonpayment was justified. While Illinois doesn’t have a pure “rent abatement” statute, courts sometimes reduce judgments or dismiss cases if conditions were severe.
Compliance step: Maintain records of all maintenance requests and your responses. If a tenant claims uninhabitable conditions, you should have documented service dates and repair confirmations in the file before the eviction even reaches court.
For more details on maintenance documentation and vendor management, consult compliance-aware systems that track repair requests and resolutions.
Administrative Offset / Regulatory Staying Power
Some tenants raise federal law arguments (Fair Housing Act, Section 8 protections) to stay eviction proceedings. While these are usually not successful on the merits, they can delay cases if not addressed in the pleading stage.
County-by-County Enforcement Variations (2026)
Illinois eviction outcomes vary dramatically by courthouse. Here’s how major counties handle COVID-era precedent:
Cook County (Chicago)
- Strict pleading requirements under 735 ILCS 5/9-121; missing rental assistance notice attachment results in immediate dismissal
- Judges routinely grant 30–60 day continuances for “hardship” without statutory basis
- Average timeline: 12–16 weeks
- Pro-tenant case law dominates; pandemic precedent still cited in 70% of nonpayment decisions
DuPage County
- Moderate enforcement of pandemic pleading standards; missing elements may result in opportunity to amend rather than outright dismissal
- Judges less likely to grant discretionary continuances; timeline closer to statutory standard
- Average timeline: 8–12 weeks
- COVID-era case law cited but not treated as controlling authority
Collar Counties (Will, Kane, McHenry, Lake)
- Lighter application of pandemic-era pleading requirements
- Faster court schedules; evictions move quickly if properly pleaded
- Average timeline: 6–10 weeks
- Judges more aligned with pre-2020 eviction law
Downstate Counties (Peoria, Champaign, Madison, St. Clair)
- Minimal deference to pandemic precedent; courts move rapidly through eviction dockets
- Pleading standards enforced less strictly than Cook County
- Average timeline: 5–8 weeks
- Rental assistance considerations rarely raised
Step-by-Step Compliance Checklist Before Filing an Eviction
Use this checklist to ensure your eviction survives initial judicial review:
60 Days Before Filing
- ☐ Document all unpaid rent with dates and amounts due
- ☐ Confirm lease terms: is it month-to-month or fixed term? (Affects notice requirements)
- ☐ Check if tenant is on Section 8, VASH, or other housing subsidy (adds legal complexity)
- ☐ Review for any pending repair requests; complete urgent habitability issues
- ☐ Send written rent demand via certified mail + email, itemizing amount and deadline (typically 5–10 days)
30 Days Before Filing
- ☐ If rent is still unpaid, send Notice to Vacate with required 30-day deadline (per 735 ILCS 5/9-209)
- ☐ Include written notice of rental assistance programs (IHDA, local emergency assistance) in separate document
- ☐ Send both documents via certified mail, first-class mail, and email; retain proof of delivery
- ☐ Ask tenant in writing: “Have you applied for emergency rental assistance? If so, please provide application number and expected decision date.”
- ☐ Research your county’s current eviction court schedule; confirm hearing availability before filing
At the Time of Filing
- ☐ Prepare itemized rent ledger (month-by-month, every cent)
- ☐ Prepare notarized affidavit addressing: (a) rent owed, (b) notice given, (c) whether tenant has pending rental assistance, (d) your understanding of tenant’s financial situation if known
- ☐ Attach copies of all notices sent (rent demand, notice to vacate, rental assistance notice)
- ☐ Attach copies of certified mail receipts and email send confirmations
- ☐ If tenant made partial payments, provide written documentation of what was paid and what remains due
- ☐ Pay filing fee; retain receipt for court records
- ☐ Arrange service of summons and complaint on tenant (certified mail + personal service if possible)
After Filing
- ☐ File proof of service with the court within 5 days
- ☐ Confirm tenant received summons by requested return date
- ☐ If tenant requests continuance for rental assistance, ask for documentation of application status before agreeing
- ☐ Prepare for trial by organizing all documentation into chronological binder
Frequently Asked Questions
Q: If my tenant applies for rental assistance after I file the eviction, can the court dismiss my case?
A: Possibly. Under 735 ILCS 5/9-121, if the tenant’s application is pending and the assistance could cover rent owed, judges have discretion to stay (pause) the eviction pending the assistance determination. Courts typically stay cases for 30–60 days while awaiting assistance decision. Ask the tenant for written proof of the application (confirmation letter from IHDA or local program). If the application is denied, you can resume the eviction, but you will have lost 1–2 months of rent during the stay.
Q: Do I have to help my tenant apply for rental assistance?
A: No, the statute doesn’t explicitly require it. But you must notify the tenant in writing of available programs before filing eviction. If you go beyond notification and help facilitate an application, you strengthen your position with judges who still apply pandemic-era “good faith” reasoning. The practical benefit: tenants are more likely to cooperate if you show willingness to work with them before escalating to eviction.
Q: What if I filed an eviction complaint without the rental assistance notice required by 735 ILCS 5/9-121, and the judge hasn’t ruled yet?
A: Amend your complaint immediately. Most courts allow one amendment as a matter of right before a responsive pleading is filed. Add the missing rental assistance notice attachment, re-verify your affidavit, and re-file with the court. If you wait for a motion to dismiss, the judge may dismiss with prejudice, forcing you to start over. Amending proactively prevents this outcome.
Q: Are there any counties in Illinois where COVID-era eviction protections are completely gone?
A: No. Even downstate counties apply the statutory pleading requirements of 735 ILCS 5/9-121, which were codified to preserve pandemic-era protections. However, enforcement is lighter in rural counties; judges are less likely to grant discretionary continuances or dismiss cases for procedural technicalities. Cook County remains the most plaintiff-friendly for judicial discretion.
Q: If I get a judgment for eviction, can the tenant still claim COVID hardship to stop the eviction?
A: Not directly. Once judgment is entered, the tenant’s recourse is appeal, not new hardship claims. However, the tenant can file for a stay of the eviction pending appeal, which may succeed if the appeal raises substantial legal questions. This is rare but possible in Cook County.
Compliance Tools and Resources for Self-Managing Landlords
Navigating eviction law across multiple Illinois counties is procedurally complex. Self-managing landlords need systems that track compliance requirements and flag county-specific filing rules. LeaseBase’s compliance platform includes templates for nonpayment notices, rental assistance notifications, and affidavit language specific to each Illinois county. Lease operations tracking also maintains tenant communication logs and payment history records—documentation you’ll need in court.
For larger portfolios (25–75 units), the compliance engine automatically flags when evictions are approaching and ensures all pre-filing requirements are met before documents go to court. This reduces the risk of dismissals due to procedural oversights.
Final Compliance Takeaway
Illinois COVID-era eviction protections are technically expired, but they live on in how judges interpret nonpayment cases. The statutory pleading requirements in 735 ILCS 5/9-121 are now the law, not pandemic-era discretion. Courts still cite pandemic case law when applying those requirements and when deciding whether to grant continuances for hardship.
Your compliance obligation is clear: document everything (rent owed, notice given, rental assistance notification, tenant’s assistance application status), itemize rent by month and day, and ensure your complaint includes every element the statute mandates. Cook County courts will dismiss complain without these elements. Even landlord-friendly suburban and downstate courts expect them.
The landlords who win evictions efficiently are those who treat the pleading stage as a compliance gate, not a formality. Missing one attachment can cost you 6–12 weeks and hundreds in duplicate filing fees.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Eviction law varies by county and fact-specific circumstances. Consult a qualified Illinois attorney licensed in your county before filing any eviction. LeaseBase does not provide legal services and is not liable for outcomes of evictions filed by users.