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

Understanding What “COVID-Era Protections” Really Means for Your Eviction

When Illinois landlords talk about “COVID-era eviction protections,” they’re not referring to a single law that expired. Instead, they’re describing a patchwork of Governor Pritzker’s Executive Orders, court procedures that were adopted during the pandemic suspension period (March 13, 2020–May 31, 2021), and judicial practices that have persisted even after those orders ended.

The practical impact: Your eviction case will be handled differently than it would have been in 2019. Illinois judges — especially in Cook County and collar counties — were trained during the pandemic to demand more documentation from landlords, apply skepticism to technical compliance claims, and give tenants multiple opportunities to cure breaches.

Those habits didn’t disappear when the moratorium ended. In fact, they’ve calcified into standard courtroom practice. If you’re filing an eviction in 2026, you’re operating in a system where judicial expectations for landlord proof are permanently higher than they were pre-pandemic.

Which COVID Executive Orders Actually Still Matter?

Governor J.B. Pritzker issued multiple executive orders regarding eviction procedures during the pandemic. Let’s be precise about what’s still in force and what’s expired:

Executive Order 2020-07 and Extensions (Largely Expired)

The formal eviction moratorium — which prohibited landlords from filing for non-payment between March 2020 and May 2021 — is no longer in effect. You can file for non-payment immediately. However, the three-year statute of repose that was built into those orders did create a legacy issue: tenants who fell behind during the protected period sometimes remain partially shielded because courts still view pandemic-related debt differently from standard arrears.

What this means: If a tenant owes rent from March 2020–May 2021 and you’re filing in 2026, expect a judge to ask whether you offered the tenant information about emergency rental assistance programs. If you didn’t document that offer, your case becomes harder to prove, even though technically you have the right to collect.

Judicial Administration Orders (Still Active)

The Illinois Supreme Court Administrative Office issued standing orders during the pandemic that modified filing procedures, notice requirements, and courtroom protocols. While formal pandemic-specific orders have been rescinded, the substantive changes to how eviction cases are processed have remained embedded in local court rules.

For example:

• Cook County courts still require detailed, itemized affidavits from landlords. A generic complaint that says “Tenant owes $3,500 in back rent” will be rejected or subject to a motion to dismiss.
• Virtual eviction hearings, which became standard during lockdowns, are now a default option in many counties. Courts no longer require in-person appearances.
• Judges are more likely to grant continuances and payment plan requests, especially if the tenant claims financial hardship.

735 ILCS 5/9-121: The Statute Landlords Must Know

Illinois’ eviction statute, 735 ILCS 5/9-121, has not changed its core text. But how courts interpret and enforce it has shifted dramatically since 2020.

What the statute requires: A landlord’s complaint for eviction must contain specific allegations of breach. For non-payment cases, this means stating the exact amount owed, the period it covers, and the date(s) on which rent was due and unpaid. For lease violations, you must describe the specific conduct that violates the lease and provide evidence that the tenant was given notice and opportunity to cure.

How COVID changed enforcement: Pre-2020, judges accepted boilerplate language and generic allegations. Today, they don’t. Cook County’s eviction call docket regularly sees judges dismissing cases on the basis that the complaint fails to state sufficient facts. A judge might say: “This could apply to any tenant in any building. Where is your specific evidence?”

This isn’t a change to the statute itself. This is a change to how strictly judges apply the existing statute’s requirement of specificity.

Required Elements of a Compliant Eviction Complaint (Post-COVID Judicial Standard)

Element	Pre-COVID Standard	Current Judicial Expectation
Rent Amount	Total due, generally stated	Itemized by month with specific due dates and payment history
Notice Given	Statement that notice was given	Proof of how/when notice was served, plus affidavit of service
Lease Violation	General reference to lease clause	Specific description of tenant conduct, dates, and tenant’s response (if any)
Cure Period	Assumed by court	Documented proof that tenant was given opportunity to cure and refused or failed
Financial Hardship	Not required to address	Prepared to discuss whether tenant requested assistance; know local rental assistance programs

The 5-Day Notice Requirement: Still Mandatory, More Strictly Enforced

Illinois law (implied through case law and 735 ILCS 5/9-121 interpretation) requires landlords to serve tenants with a 5-day notice to pay or quit before filing an eviction complaint for non-payment. This requirement existed before COVID, but judges now scrutinize it far more heavily.

What counts as proper 5-day notice:

• Written notice — must be in writing and state the amount owed, the period, and that payment is due within 5 days
• Personal service preferred — hand-delivered to the tenant or left at the unit with a person of suitable age and discretion (typically a household member)
• Certified mail acceptable but risky — if you use certified mail, keep proof of delivery; however, judges sometimes find certified mail insufficient if the tenant claims non-receipt
• Email or text NOT sufficient — unless the lease specifically authorizes electronic notice, courts will reject it
• Posted notice alone is weak — posting on the door is acceptable only if you’ve also attempted personal service
• 5 days means 5 calendar days — if you serve notice on a Monday, the 5-day period ends on Saturday (though courts sometimes round to the next business day)

Recent trend: Cook County judges increasingly dismiss non-payment cases if the affidavit of service is incomplete or if the landlord cannot produce a signed receipt or certified mail proof. One judge famously rejected a case because the affidavit said “notice was given” without specifying the date or method.

If you’re using LeaseBase or another property management platform, ensure your notice log is detailed and timestamped. Screenshots of tenant communication are helpful backup, but formal written notice remains the legal requirement.

Rent Arrearage Cases: Documentation Now Mandatory

Before the pandemic, many Illinois eviction cases for non-payment were decided based on the landlord’s testimony and an informal accounting. Today, judges expect a detailed, written rent ledger that shows:

• Month and year of rent period
• Due date for each month
• Amount due for each month
• Date payment was received (if any)
• Amount paid and method of payment
• Running balance of arrears
• Any credits applied (security deposit, rebates, repairs offset)
• Late fees or utilities (if lease permits and notice was given)

Why this matters: Judges trained during the pandemic assume that disputes over rent amounts are common and that tenants may have legitimate counterclaims. If you can’t produce clear documentation, a judge may reduce the amount you can recover or order a remand for further proof.

Cook County example: A landlord filed for $8,500 in back rent. The judge asked about the payment history. The landlord’s affidavit said “multiple partial payments were made but tenant still owes.” The judge continued the case and ordered the landlord to produce a detailed ledger. When it was produced at the next hearing, it showed the tenant had paid $2,100 toward arrears, reducing the claim to $6,400. The delay cost the landlord 6 weeks and two court appearances.

Documentation tools like LeaseBase’s rent payment tracking or automated ledger generation are no longer nice-to-have features — they’re basic compliance infrastructure.

Non-Payment Cases: Pandemic Assistance Programs Still Come Up

This is a persistent post-COVID issue that trips up many landlords. Even though the emergency rental assistance programs have largely wound down, Illinois courts still expect landlords to demonstrate knowledge of these programs and the steps they took to inform tenants.

What judges are looking for:

• Did you inform the tenant of available rental assistance at the time they fell behind?
• Did you provide contact information for local assistance agencies?
• Did the tenant attempt to apply and you rejected their request for a continuance?
• Did you file an eviction while the tenant’s application was pending?

The legal basis: While there’s no statute that requires landlords to offer or facilitate rental assistance, judges in Cook County and surrounding areas have adopted a de facto expectation that landlords will at least acknowledge the existence of these programs. Failure to do so can be seen as bad faith and may result in the judge granting the tenant a continuance to pursue assistance.

Practical implication: Before filing a non-payment eviction, document a conversation with the tenant about:

• The Illinois Rental Payment Assistance program (operated through the Illinois Housing Development Authority)
• Local emergency assistance (varies by county and municipality)
• Any lease-based assistance or payment plan options you’re willing to offer

This doesn’t cost you money. It demonstrates good faith and significantly reduces the risk that a judge will continue the case or impose a court-ordered payment plan over your objection.

Lease Violations and “Cure or Quit” Notice: Heightened Specificity Required

Non-payment evictions aren’t the only area affected by COVID-era judicial shifts. Lease violation cases also face stricter scrutiny.

What judges now demand for lease violation cases:

• Specific lease clause violated — reference the exact section (e.g., “Section 4.3 prohibits pets without written consent”)
• Specific tenant conduct — document dates, times, and nature of the violation (e.g., “Dog observed barking excessively on August 15, 22, and 29, 2026; complaints received from Units 202 and 301”)
• Notice and cure period — proof that you delivered written notice giving the tenant a reasonable opportunity to cure (typically 5–10 days for most violations, 30 days for major repairs)
• Proof of non-cure — documentation that the violation continued after notice and cure period expired
• Reasonableness — for discretionary violations (e.g., “maintains premises in clean and sanitary condition”), judges expect you to define what “clean” means and provide photographic evidence

Common dismissals: A landlord files for lease violation based on “unauthorized occupants.” The complaint says “Tenant has allowed unauthorized persons to reside at the property.” Judge dismisses: “Which persons? When did they move in? How long were they there? Did you give the tenant notice?” Without these specifics, the complaint fails to state a cause of action.

Judges adopted this level of scrutiny because during the pandemic, many tenants were living with family members due to economic hardship, and judges wanted to ensure evictions were truly for lease violations, not pretextual.

Timelines: How COVID Delays Persist in 2026

Illinois eviction timelines have not changed by statute, but practical timelines have lengthened due to court backlogs and increased scrutiny at the motion-to-dismiss stage.

Realistic eviction timeline by county (as of September 2026):

County/Jurisdiction	Stage 1: Filing to Summons Service	Stage 2: First Hearing to Judgment	Total Typical Timeline
Cook County	7–10 days	30–60 days (with continuances)	45–90 days
DuPage County	5–7 days	20–45 days	30–60 days
Will/Kane Counties	5–7 days	14–30 days	25–45 days
Rural downstate counties	7–14 days	14–45 days	30–60 days (variable)

Why the delays: Cook County courts still have eviction backlogs from the pandemic. Motion to dismiss hearings often take 20–30 days to schedule. Even after judgment, tenants frequently file appeals or post-judgment relief, which can add another 30–60 days.

Budget conservatively: If you’re planning a capital expenditure or renovation that depends on removing a tenant, assume a 3-month eviction process minimum in Cook County, 2 months in suburban counties. This is not a statutory requirement; it’s a practical reality based on current court operations.

Checklist: How to Prepare an Eviction That Survives COVID-Era Judicial Scrutiny

Before You File

• ☐ Document the debt or violation thoroughly. For non-payment: create a detailed rent ledger showing month, amount due, date due, payment history, and current balance. For lease violations: gather photos, written complaints, witness statements, and a timeline of events.
• ☐ Serve proper written notice. Hand-deliver or certified mail a 5-day pay-or-quit notice (for non-payment) or cure-or-quit notice (for violations). Keep the signed receipt or delivery confirmation.
• ☐ Document that you attempted to provide information about assistance programs. For non-payment cases, send the tenant information about Illinois rental assistance and local resources. Screenshot your email or keep a record of your conversation.
• ☐ Verify the lease. Ensure you have a signed, dated lease with the tenant’s signature. Missing lease documents will get a case dismissed immediately.
• ☐ Check your service of notice timing. The 5-day period must have fully elapsed before you file. If you served notice on August 25, you cannot file until at least August 30 (or later if a weekend intervenes).

When Preparing the Complaint

• ☐ Use detailed, specific language. Don’t write “Tenant owes rent.” Write “Tenant owes $1,200 for June 2026 rent due June 1, 2026; $1,200 for July 2026 rent due July 1, 2026; and $1,200 for August 2026 rent due August 1, 2026, all unpaid as of the date of this complaint.”
• ☐ Attach an affidavit or declaration. Have the complaint sworn to (notarized) and attach supporting exhibits: the lease, proof of notice, rent ledger, and any relevant correspondence.
• ☐ State the basis for your relief. Don’t assume the judge knows. Explicitly state what you’re seeking: “Eviction of the tenant from the premises and judgment for $3,600 in past-due rent, plus court costs and attorney fees to the extent permitted by law.”
• ☐ Verify county-specific requirements. Cook County courts have different requirements than DuPage County. Check your circuit court’s website for local filing rules.

Before the Hearing

• ☐ Organize all evidence into a single packet. Lease, notices, payment records, photos, email correspondence, text messages (if permitted in your jurisdiction), and witness statements.
• ☐ Prepare to answer questions about alternative solutions. Be ready to discuss payment plans, repairs, or other resolutions the tenant might propose. Judges appreciate landlords who are willing to work with tenants; if you flatly refuse all compromise, it may influence the judge’s decision on continuances or fee awards.
• ☐ Have a witness available if possible. For lease violations, a property manager or maintenance person who observed the violation strengthens your case.
• ☐ Know your county’s local rules. Some counties require a pre-trial settlement conference. Some have mandatory arbitration or mediation. Check your court’s website.

What Happens if Your Case Is Dismissed

If a judge dismisses your eviction complaint — whether for lack of specificity, improper notice, or failure to state a cause of action — you have limited options:

Appeal vs. Refile

Appeal: You can appeal a dismissal to the Illinois Appellate Court, but appeals are slow (12–24 months) and expensive ($1,500–$3,000+ in attorney fees). Appeals are also rarely successful unless there was clear legal error.

Refile: In many cases, you can simply cure the defect and refile. If the judge dismissed for lack of specificity, you refile with a more detailed complaint. If the judge found the notice improper, you serve new notice and refile. The clock resets, but you’re moving forward faster than through appeal.

Practical advice: If your case is dismissed, consult with a local eviction attorney to understand whether the issue is curable. Most defects are curable, and refiling is usually the right choice.

Cost of dismissal: You’ll pay court filing fees twice (typically $200–$400 per filing depending on county), plus attorney fees if you hired counsel. A dismissed case can easily cost $500–$800 in direct costs, plus the time delay.

Special Situations: Tenants Claiming COVID Hardship

Even though we’re in 2026, tenants still occasionally claim ongoing COVID-related financial hardship. Judges are skeptical of these claims but not dismissive.

How to respond if a tenant claims COVID hardship:

• Acknowledge the claim without conceding. Say something like, “We understand the tenant has faced challenges, but the lease requires rent payment and the tenant has not paid.”
• Offer a specific alternative. Propose a payment plan (e.g., “The tenant can pay $400 per week for the next 8 weeks to catch up”) or a lease amendment if you’re willing. This makes you look reasonable and can influence the judge’s continuance decisions.
• Request court costs and attorney fees if the judge awards judgment. Illinois law permits landlords to recover these costs in eviction actions; however, judges often reduce or waive fees if the landlord refused reasonable accommodation.

The judge’s perspective: A judge doesn’t want to evict someone who’s trying to pay or who legitimately cannot. If you appear inflexible and the tenant appears to be making good-faith efforts, the judge may continue the case (delay the hearing) repeatedly or impose a payment plan without your consent. Appearing reasonable costs you nothing and significantly improves your likelihood of a smooth judgment.

Practical Tools for Compliance

The documentation standards created by COVID-era judicial scrutiny are here to stay. Using the right tools reduces your risk of dismissal and significantly speeds up the eviction process if needed.

Rent and payment tracking: Use automated rent payment tools that generate ledgers automatically. A manually maintained spreadsheet is vulnerable to errors and looks less professional to a judge than a system-generated report with timestamps.

Notice management: Lease management platforms that timestamp and log all notices to tenants create an audit trail that satisfies judicial scrutiny. Screenshots alone are not sufficient; you need dated, sequenced records.

Compliance automation: Compliance engines that track statutory requirements by jurisdiction ensure you’re meeting the 5-day notice rule, proper service methods, and local court filing rules without manual tracking.

Analytics and reporting: Reporting tools that track eviction timelines, dismissal rates, and judgment recovery help you understand whether your filing process is sound or whether you’re hitting preventable obstacles.

FAQ: COVID-Era Eviction Protections and 2026 Practice

Q: Can I evict a tenant for non-payment today, or are there still restrictions?

A: You can evict for non-payment. The formal eviction moratorium ended May 31, 2021. However, judges still apply heightened scrutiny to non-payment cases. You must serve a proper 5-day notice, document your rent ledger meticulously, and demonstrate that you attempted to inform the tenant of assistance programs. Cases that meet these standards move through the courts normally; cases that don’t are frequently dismissed or continued.

Q: My case was dismissed in 2025 for “lack of specificity.” What does that mean, and can I refile?

A: Lack of specificity means your complaint didn’t include enough detail for the judge to understand exactly what the tenant owed or what lease provision was violated. Yes, you can refile with a more detailed complaint. Review the judge’s written order (available through the court clerk) to see what specific information was missing. Then refile with the necessary details. Consult a local attorney if the order is unclear.

Q: If I win my eviction case, can I recover attorney fees and court costs from the tenant?

A: Yes, Illinois law permits landlords to recover “court costs” (filing fees, service of process, and certain official fees). Attorney fees are recoverable only if the lease explicitly allows it and the judge agrees they were reasonable. However, judges often reduce or waive attorney fees if the case was contested. Court costs are almost always awarded.

Q: I served notice in September 2026. The tenant still hasn’t paid. Can I file immediately after the 5-day period ends?

A: Technically, yes. If you served notice on September 1, the 5-day period ends September 6. You can file on September 6 or later. However, best practice is to wait until the close of business on day 5 or the next business day, so you have time to confirm the tenant won’t pay. Also, ensure your 5 days account for weekends and holidays correctly. Many courts expect actual service date plus 5 calendar days.

Q: Does the tenant have any right to a payment plan instead of eviction, even if I don’t agree?

A: Not automatically. However, judges frequently continue cases (postpone hearings) to allow tenants to pursue payment plans or rental assistance, even over a landlord’s objection. You have the right to refuse a voluntary payment plan, but the judge may impose one anyway as a continuance condition. If you want to avoid this, be proactive: offer a reasonable payment plan yourself before filing. This makes the judge less likely to continue the case.

Conclusion: Compliance Over Speed

Illinois eviction law hasn’t changed, but how it’s enforced has. The courts that handled pandemic-era cases developed an ingrained expectation of detailed documentation, meaningful notice, and good-faith problem-solving. Those expectations have persisted into 2026 and beyond.

The landlords succeeding in Illinois evictions today are not the ones trying to move fastest. They’re the ones who document best. A carefully prepared case that takes 70 days to complete beats a hastily filed case that gets dismissed and must be refiled, adding 45 days and costing more in refiling fees.

Invest in systems that create audit trails, generate detailed ledgers, and timestamp notices. Keep your court submissions detailed and specific. Offer a reasonable accommodation if possible. The result: evictions that survive judicial scrutiny and move to judgment on schedule.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Illinois landlord-tenant law varies significantly by county, and court interpretations change. Consult a qualified Illinois attorney licensed in your county before filing any eviction action. The information provided reflects conditions as of September 2026 and may not account for recent court decisions or legislative changes.