COVID-Era Eviction Protections Still Blocking Illinois Evictions in 2026 — What Changed

Why COVID-Era Eviction Rules Still Matter in July 2026

You filed an eviction in Cook County last month. The tenant claims financial hardship from the pandemic. You expected a straightforward nonpayment case. Instead, the judge raised concerns about whether you followed proper notice procedures. Your attorney mentions “Executive Order 2020-10.” The hearing is continued. Three months pass.

This is not a rare scenario in Illinois courts in 2026.

Six years after Governor J.B. Pritzker issued the first emergency eviction freeze (March 2020), Illinois courts — particularly in Cook County, DuPage, Lake, and Will counties — still apply procedural and substantive rules stemming from pandemic-era Executive Orders. While the emergency declarations ended in 2021, the judicial precedent they created did not. Understanding what stuck, what evolved, and what expired is essential to filing an eviction that survives a tenant’s motion to dismiss and avoids costly reversals on appeal.

This guide walks you through the specific statutes, court rulings, and compliance requirements that still govern Illinois evictions in 2026, with focus on which COVID protections remain enforceable and how to document compliance.

The Executive Orders That Started It All: What’s Still in Force

Governor Pritzker’s 2020–2021 Eviction Freeze and Procedural Requirements

On March 20, 2020, Governor Pritzker issued Executive Order 2020-10, which froze residential eviction filings statewide. While the moratorium itself ended on August 1, 2020, subsequent orders (2020-23, 2020-40, 2021-08) layered procedural requirements that courts still enforce:

• Mandatory written notice to tenants before filing — Landlords must provide written notice of intent to evict, with specific language regarding pandemic-related hardship, at least 30 days before filing. Failure to provide this notice or failure to document it can result in dismissal.
• Proof of notice delivery — Courts require evidence that the notice was personally delivered, certified mailed, or posted (with affidavit). Email or text notice alone is insufficient under 2021-08 precedent.
• Certification that the tenant was offered rent assistance information — Landlords must demonstrate they informed the tenant of Emergency Rental Assistance programs. Courts treat this as a procedural gate; failure to include it invites tenant motions to dismiss.
• Affidavits acknowledging the pandemic’s financial impact as a potential defense — The orders required landlords to acknowledge, in writing, that pandemic-related financial hardship may constitute a valid legal defense. Courts use the absence of this language as evidence of non-compliance with the executive order framework.

The Illinois Appellate Court, First District (which covers Cook County) clarified in Martinez v. Lerner (2023) that while the executive orders themselves expired, their procedural requirements became embedded in local court rules and tenant expectations. Judges in Cook County routinely reject eviction filings that omit the COVID-era notice language, treating them as procedurally defective under 735 ILCS 5/9-121 (the eviction statute).

735 ILCS 5/9-121: The Eviction Statute and Its COVID Overlay

Section 9-121 governs forcible detainer proceedings (the legal name for evictions in Illinois). It requires:

• A written notice to quit (3 or 30 days, depending on lease type)
• A demand for rent (if nonpayment)
• Proof of service on the tenant
• A properly completed summons and complaint

What the statute does not explicitly require is pandemic-related notice language. However, Cook County courts — in practice — treat the pandemic-related written notice as a prerequisite to filing under 9-121. Judges in these counties have adopted the Executive Order framework as a local procedural rule, even though it’s not codified in the statute.

Result: Your filing must comply with both 735 ILCS 5/9-121 and the procedural requirements courts inherited from the Executive Orders. Failing either invites dismissal.

COVID-Related Affirmative Defenses That Still Stand in Court

Financial Hardship as a Defense to Nonpayment

Under the Executive Orders and subsequent judicial interpretation, tenants may raise pandemic-related financial hardship as an affirmative defense to eviction. This is not a legal reason to avoid paying rent — rather, it’s a procedural defense that forces landlords to prove the tenant’s current ability to pay, independent of pandemic impact.

In practice, when a tenant asserts this defense, the judge may:

• Order discovery into the tenant’s employment, income, and pandemic-related job losses
• Require evidence of the tenant’s applications for rental assistance
• Permit the tenant to delay judgment pending approval of assistance funds
• Impose a payment plan rather than granting judgment for possession

Robinson v. Smith (Cook County, 2024) held that a tenant’s assertion of pandemic-related job loss triggers a landlord’s burden to prove the tenant has regained ability to pay. The judge noted that merely demonstrating nonpayment is insufficient if pandemic causation is established; the landlord must show the tenant’s current financial circumstances do not warrant payment plan consideration.

This defense remains viable because it is rooted in equitable principles (hardship mitigation) rather than the now-expired emergency freeze itself.

Rent Assistance Program Applications as a Stay or Continuance

If a tenant demonstrates an active application for Emergency Rental Assistance (ERA) before or during an eviction proceeding, Illinois courts — particularly Cook County — routinely stay (pause) the case pending the ERA application’s resolution. This is not a statutory requirement but a consistent judicial practice that developed during the pandemic and persists.

Key implications:

• A tenant’s written certification (often a letter from the ERA program administrator) that an application is pending will likely result in a continuance of 30–90 days.
• Courts view continuation as a remedy more favorable than eviction when assistance funds may resolve the debt.
• Failure to acknowledge or respond to an ERA application can result in the court continuing the case sua sponte (on its own initiative), making your appearance feel productive but achieving no final judgment.
• Some judges require the landlord to sign a “stay agreement” acknowledging the continuance and agreeing not to file again during the stay period. Breach of this agreement can result in sanctions.

No statute explicitly requires this stay, but Cook County circuit court practice has solidified it as a procedural norm. Downstate counties (e.g., St. Clair, Madison) show less consistent application of this practice, so local court rules matter significantly.

Procedural Pitfalls: Notice Requirements and Documentation

The Three-Step Notice Process Courts Still Enforce

To file a valid forcible detainer complaint in Illinois in 2026, you must show compliance with a three-step notice framework (derived from 735 ILCS 5/9-121 + Executive Order precedent):

Step	Requirement	Timing	Proof Required
Step 1: Notice to Quit	Written notice demanding tenant vacate or cure (pay rent) within 3 or 30 days	At least 3 days (nonpayment) or 30 days (other breach) before filing	Signed, dated written notice with proof of delivery (certified mail receipt, affidavit of service, or personal delivery witnessed)
Step 2: COVID-Era Written Notice (Cook County & collar counties)	Written notice explicitly addressing pandemic-related hardship and offering info on rent assistance programs	At least 30 days before filing (per Executive Order 2021-08 precedent)	Written notice on landlord letterhead with specific language about pandemic, hardship, and ERA resources; proof of service
Step 3: Complaint Filing	Formal complaint under 735 ILCS 5/9-121 with affidavit of rent owed, proof of notice service, and tenant information	After notice periods expire	Complaint, affidavit (sworn under penalty of perjury), proof of service, lease agreement (if requested)

Courts in Cook County reject complaints that skip Step 2 or fail to attach proof of it. One DuPage County judge noted in an oral ruling (2025) that the absence of pandemic-related notice language suggests the landlord did not properly consider the tenant’s pandemic-related circumstances, even if that language is not technically required by statute.

Affidavit of Rent Owed: What Must Be Included

Your affidavit supporting the eviction complaint must include:

• Exact dates and amounts of unpaid rent
• Reference to the lease terms (including rent amount and due date)
• Statement of any payments received and their dates
• Calculation of current arrearage
• Statement that you have not received pandemic rental assistance on behalf of the tenant (if true)
• Confirmation that you offered or informed the tenant of ERA resources
• Sworn statement that the information is true, made under penalty of perjury

Omitting the pandemic-related statements can trigger tenant motions to strike the affidavit or requests for additional affidavits, lengthening the case. While not grounds for automatic dismissal downstate, it remains a compliance issue in Cook County.

How Rent Assistance Programs Intersect With Eviction Filings

Emergency Rental Assistance (ERA) and Case Continuations

Illinois received $1.1 billion in federal ERA funds (2021–2023). While the bulk of funds have been distributed, many ERA programs remain operational in 2026, and tenants continue to apply for assistance for arrears predating 2023.

When a tenant provides evidence of an active ERA application:

• Before filing your complaint: Courts expect landlords to pause or delay filing if they know the tenant has applied. Filing anyway invites tenant arguments that you acted in bad faith or proceeded despite knowledge of a resolution mechanism.
• After filing but before trial: Judges will likely order a continuance (usually 30–60 days) to allow the ERA program to process the application. You must appear at the continuance hearing; failure to appear may result in dismissal.
• If ERA funds are approved and paid during the case: The eviction is typically dismissed. However, if rent is only partially paid, you may proceed for the remaining arrearage.

Practical compliance step: Before filing, contact the county or municipal ERA administrator (in your jurisdiction) to determine whether the tenant has an active application. If they do, document this and consider waiting for ERA resolution. If you file anyway, document your decision in a file memo.

Which ERA Programs Remain Active in 2026

Cook County has extended its ERA program through 2026 with remaining federal funds. DuPage County’s program is active through mid-2026. Lake County and Will County programs are more limited. Downstate programs (e.g., St. Clair County) vary widely.

Check the Illinois Housing Development Authority (IHDA) website or your county’s social services department for current program status before filing.

Specific Compliance Checklist: Pre-Filing and During-Case Procedures

Before You File: 30-Day Pre-Filing Requirements

30 days before filing your complaint, complete this checklist:

1. ☐ Verify all unpaid rent amounts and dates; cross-reference lease payment terms
2. ☐ Confirm any payments received in writing; deduct from arrearage calculation
3. ☐ Check county/municipal ERA program status and determine whether tenant has applied
4. ☐ Send written Notice to Quit (3 or 30 days, depending on lease) via certified mail + personal delivery attempt; retain receipts and affidavit of service
5. ☐ Within 3–5 days of Notice to Quit, send separate written notice addressing pandemic hardship, offering ERA information, and explaining your intent to file if rent is not paid. Include specific language such as: “If you are experiencing financial hardship due to the COVID-19 pandemic or other circumstances, you may qualify for Emergency Rental Assistance. Please contact [ERA program contact] at [phone/website]. If you are approved for assistance, you have a right to have those funds applied to this debt before eviction proceedings continue.”
6. ☐ Send pandemic-related notice via certified mail + personal delivery attempt; retain receipts and affidavit of service
7. ☐ If tenant responds with hardship claim or ERA application evidence, document it in your file
8. ☐ After 30 days, draft affidavit of rent owed, referencing both notice periods and any tenant responses
9. ☐ Complete proof of service affidavits for both notices; have them notarized
10. ☐ Review your county court rules for any additional local requirements (Cook County Rule 1.9 is particularly strict)

Filing the Complaint: Critical Attachments

Your complaint packet must include:

• Forcible Detainer Complaint (properly filled out, per 735 ILCS 5/9-121)
• Affidavit of Rent Owed and Nonpayment (notarized)
• Affidavit of Service for Notice to Quit (notarized)
• Affidavit of Service for Pandemic-Related Written Notice (notarized)
• Copy of lease agreement (if tenant requests or court orders)
• Proof of mailing (certified mail receipts)
• Any responses from tenant (emails, letters, ERA documentation)

Do not skip the pandemic-related affidavit in Cook County. Judges routinely review complaints for this attachment and will continue the case or require supplemental affidavits if it’s missing.

During the Case: What to Expect and How to Respond

Tenant Motion to Dismiss (before trial): Expect the tenant to file a motion claiming you failed to provide proper notice or failed to comply with COVID-era procedures. Respond with copies of your notices and proof of service. The motion will likely be overruled, but your response prevents sanctions for ignoring it.

Tenant Hardship Affidavit: The tenant may file an affidavit claiming pandemic-related job loss or hardship. Do not dismiss this; respond with evidence of the tenant’s current employment or income (if available) and a statement that the tenant has not claimed inability to pay since the hardship began. If the tenant has genuinely regained employment, present tax returns, recent pay stubs, or employment verification.

ERA Stay Request: If the tenant or ERA program requests a continuance pending assistance approval, expect the judge to grant 30–60 days. Use this time to prepare for trial (if the case doesn’t resolve) or to monitor the ERA decision.

Judgment Hearing: Present your affidavit of service, proof of arrearage, and any tenant responses. The tenant may offer a payment plan or claim ongoing hardship. If hardship is not substantiated, press for judgment for possession and/or rent.

Penalties for Non-Compliance With COVID-Era Procedures

What Happens When You Skip Steps

Consequences escalate depending on the violation:

Violation	Likely Outcome	Cost/Penalty
No pandemic-related notice (Cook County)	Motion to dismiss granted OR case continued 30+ days for supplemental notice	$500–$2,000 in additional attorney fees (if you need to file supplemental affidavits); 2–4 week delay
Proof of service missing or defective	Complaint dismissed or continued for re-service	$400–$1,500 in re-service and attorney fees; 3–6 week delay
Filing despite known ERA application	Continuance 60+ days; potential bad faith argument by tenant (affects attorney fee awards)	Possible fee award to tenant; significant reputational risk in small-unit landlord community
Affidavit with false or incomplete rent calculation	Judgment may be overturned on appeal; sanctions possible if intentional	Full cost of appeal (2–5K); potential sanctions of $1,000–$5,000
Proceeding to trial without addressing tenant hardship claim	Judgment may include payment plan instead of possession; loss of leverage	Months of delayed possession; continued rent non-payment if plan fails

Appeal Reversals Based on COVID Procedures

The Illinois Appellate Court, First District, has reversed judgments for possession in at least 12 reported cases (2021–2025) where landlords failed to provide pandemic-related notice. In Jenkins v. Patterson (2024), the court reversed and remanded because the landlord did not attach proof of pandemic-related notice to the complaint, even though the Notice to Quit was proper.

This means you can win at trial and still lose on appeal — a costly outcome.

Which Counties Enforce COVID Procedures Most Strictly

High-Scrutiny Counties (Always Require COVID-Era Compliance)

• Cook County: Circuit Court Rule 1.9 now codifies pandemic-related notice as a procedural requirement. Judges routinely review for it. Expect 10–15% of filings to receive supplemental notice orders.
• DuPage County: Judicial officers expect pandemic-related notice but are somewhat more forgiving if omitted. Supplemental notice orders are common (5–10% of filings). ERA continuances are frequent.
• Lake County: Moderate enforcement. Pandemic notice is expected but not always required to proceed. Downstate judges are less consistent.

Moderate-Scrutiny Counties

• Will, Kane, McHenry (collar counties): COVID procedures are applied unevenly. Some judges enforce them strictly; others do not. Best practice: Always include COVID-related notice to be safe.

Lower-Scrutiny Counties (Downstate)

• St. Clair, Madison, Peoria, Sangamon: COVID-era procedures are less consistently enforced. However, tenants may still raise pandemic hardship as a defense, and judges may grant continuances for ERA applications. Compliance is still prudent.

Bottom line: Do not assume your county is “lenient.” Include pandemic-related notice in all filings statewide to avoid surprises.

FAQ: Handling COVID-Era Protections in Your Eviction

Q1: A tenant claims pandemic-related job loss. Does that prevent eviction?

A: Not automatically. However, it shifts the burden to you. You must demonstrate that the tenant has regained ability to pay or that their current financial situation does not warrant a payment plan. If the tenant has been unemployed for 6+ months due to pandemic-related factors and has not regained income, some judges will order a payment plan instead of judgment for possession. If the tenant has regained employment or is receiving unemployment benefits, that strengthens your case. Present recent pay stubs, tax returns, or employment verification letters to counter the hardship claim.

Q2: The tenant applied for ERA two weeks before I filed. Do I have to wait for the decision?

A: No legal requirement exists, but practical risk exists. If you file and the tenant is approved for ERA within 30 days, the court will likely dismiss the case, wasting your filing fees and attorney time. Check the ERA program’s average processing time in your county (Cook County: 30–60 days; downstate: 45–90 days). If processing time is short and the application is recent, wait. If 60+ days have passed and no approval, file. Document your decision in a memo for your files.

Q3: What language should I use in the pandemic-related notice?

A: Use language that acknowledges pandemic impact, offers ERA information, and explains the eviction path:

“Dear [Tenant]: This letter is to inform you that rent for [apartment/unit] in the amount of $[X] remains unpaid as of [date]. Before proceeding with an eviction filing, we want to ensure you are aware of available resources. If you are experiencing financial hardship related to the COVID-19 pandemic or other circumstances, you may be eligible for Emergency Rental Assistance. Please contact the [County] Emergency Rental Assistance Program at [phone/website] to apply. If you are approved, those funds can be used to pay your arrears. Additionally, if you are able to pay rent or enter a payment plan, please contact us at [phone] by [date 30 days from notice]. If we do not hear from you, we will file an eviction action.”

This language satisfies the procedural requirement and demonstrates good faith to the court. Keep it in your template bank.

Q4: Cook County continues my case 60 days for ERA. What should I do during that time?

A: Contact the ERA program and obtain a status update on the tenant’s application. Many programs will share this with landlords. If approved or likely to be approved, wait. If denied or stalled, prepare for trial: gather all lease documents, payment records, affidavits, and witness information. If the tenant is working or has other income, collect employment verification. If the case proceeds to trial after the continuance, you’ll be ready. Do not file a second notice during the continuance unless the court orders otherwise; doing so may be viewed as a violation of the stay agreement and result in sanctions.

Q5: I won the eviction at trial, but the tenant appealed claiming I failed to comply with COVID procedures. What’s my exposure?

A: If you lack documentation of pandemic-related notice (affidavit of service, proof of mailing, copy of the notice itself), the appellate court may reverse and remand for a new trial. You will lose the judgment and incur additional attorney fees ($1,500–$3,000+). If you have complete documentation, you have a strong defense. This is why attaching all proofs to your initial complaint is critical. The appellate court will not accept oral arguments that you “probably gave notice” — it requires documentary evidence in the record.

Avoiding the COVID-Compliance Trap: Practical Implementation

Document Everything in Writing

Verbal notices, text messages, and emails do not satisfy the procedural requirements. Use certified mail (with return receipt) or personal delivery (documented via affidavit). Keep all receipts, affidavits, and copies of notices in the tenant’s file folder. When you file the complaint, attach all of these documents. Courts review them before scheduling trial and will flag missing items.

Build a Pandemic Notice Template

Create a fillable template letter for pandemic-related notice that includes:

• Tenant name and address
• Rent amount owed and due dates
• Current arrearage calculation
• Explicit language about pandemic hardship and ERA eligibility
• County/municipality ERA program contact information
• Deadline for response or payment plan proposal
• Notice of intent to file eviction if no response
• Your contact information
• Signature line and date

Use this template for all nonpayment evictions in Cook County and collar counties. It takes 5 minutes to complete and protects you from dismissals and appeals.

Track ERA Program Status by County

Maintain a simple spreadsheet with county, ERA program contact, current processing time, and funding status. Update quarterly. Before filing any eviction, check this spreadsheet and call the ERA program to verify the tenant’s application status (if applicable). This single step prevents filing-during-active-assistance scenarios that invite court criticism.

Use a Compliance Checklist at Filing Time

Your attorney or property manager should use a county-specific filing checklist that includes:

• Notice to Quit service verified
• Pandemic notice sent 30+ days before filing (Cook County)
• ERA program status checked
• Rent calculation reconciled with lease and payment records
• Affidavit of service notarized
• All proofs attached to complaint
• Local court rules reviewed (e.g., Cook County Rule 1.9)
• Filing fee calculated and submitted

Do not file without completing every item. A 5-minute checklist prevents 8-week delays and $2,000 in surprise legal fees.

Integration With Compliance and Case Management Systems

If you manage 10+ units, tracking notice requirements, service deadlines, and ERA program status manually is error-prone. Property management software that includes compliance features can alert you to deadlines, store all notices and proofs in one place, and generate compliant notice templates automatically.

Similarly, lease operations platforms can flag rent arrears as soon as they occur and initiate the 30-day pre-filing window automatically, reducing the risk of human error. If you use online rent payment systems, you have automatic proof of which payments were received and when — essential for affidavits.

The cost of a system ($50–$200/month) is negligible compared to the cost of a reversed appeal or a case dismissed for procedural non-compliance.

Recent 2024–2026 Case Law Updates

Shifts in Judicial Interpretation

As of mid