Illinois Compiled Statutes
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CIVIL PROCEDURE735 ILCS 5/Art. VIII Pt. 27
(735 ILCS 5/) Code of Civil Procedure.
(735 ILCS 5/Art. VIII Pt. 27 heading)
735 ILCS 5/8-2701
(735 ILCS 5/8-2701)
Admissibility of evidence; out of court statements; elder
(a) An out of court statement made by an eligible adult, as defined in the
Adult Protective Services Act, who has been diagnosed by a physician to suffer
from (i) any form of dementia, developmental disability, or other form of
mental incapacity or (ii) any physical infirmity which prevents the eligible
adult's appearance in court, describing any act of elder abuse, neglect, or
financial exploitation, or testimony by an eligible adult of an out of court
made by the eligible adult that he or she complained of such acts to another,
is admissible in any civil proceeding, if:
(1) the court conducts a hearing outside the presence
of the jury and finds that the time, content, and circumstances of the statement provide sufficient safeguards of reliability; and
(2) the eligible adult either:
(A) testifies at the proceeding; or
(B) is unavailable as a witness and there is
corroborative evidence of the act which is the subject of the statement.
(b) If a statement is admitted pursuant to this Section, the court shall
instruct the jury that it is for the jury to determine the weight and
credibility to be given to the statement and that, in making its determination,
it shall consider the condition of the eligible adult, the nature of the
circumstances under which the statement was made, and any other relevant
(c) The proponent of the statement shall give the adverse party reasonable
notice of an intention to offer the statement and the particulars of the
(Source: P.A. 98-49, eff. 7-1-13.)
735 ILCS 5/Art. VIII Pt. 28
(735 ILCS 5/Art. VIII Pt. 28 heading)
Prior Sexual Activity or Reputation as Evidence
(Source: P.A. 96-307, eff. 1-1-10.)
735 ILCS 5/8-2801
(735 ILCS 5/8-2801)
Admissibility of evidence; prior sexual activity or reputation.
(a) Evidence generally inadmissible. The following evidence is not admissible in any civil proceeding except as provided in subsections (b) and (c):
(1) evidence offered to prove that any victim engaged
in other sexual behavior; or
(2) evidence offered to prove any victim's sexual
(1) In a civil case, the following evidence is
admissible, if otherwise admissible under this Act:
(A) evidence of specific instances of sexual
behavior by the victim offered to prove that a person other than the accused was the source of semen, injury, or other physical evidence; and
(B) evidence of specific instances of sexual
behavior by the victim with respect to the person accused of the sexual misconduct offered by the accused to prove consent by the victim.
(c) Procedure to determine admissibility.
(1) A party intending to offer evidence under
(A) file a written motion at least 14 days before
trial specifically describing the evidence and stating the purpose for which it is offered unless the court, for good cause requires a different time for filing or permits filing during trial; and
(B) serve the motion on all parties and notify
the victim or, when appropriate, the victim's guardian or representative.
(2) Before admitting evidence under this Section the
court must conduct a hearing in camera and afford the victim and parties a right to attend and be heard. The motion, related papers, and the record of the hearing must be sealed and remain under seal unless the court orders otherwise.
(Source: P.A. 96-307, eff. 1-1-10.)
735 ILCS 5/Art. IX
(735 ILCS 5/Art. IX heading)
FORCIBLE ENTRY AND DETAINER
735 ILCS 5/Art. IX Pt. 1
(735 ILCS 5/Art. IX Pt. 1 heading)
735 ILCS 5/9-101
(735 ILCS 5/9-101)
(from Ch. 110, par. 9-101)
Forcible entry prohibited.
No person shall make an
entry into lands or tenements except in cases where entry is allowed by
law, and in such cases he or she shall not enter with force, but in a peaceable
(Source: P.A. 82-280.)
735 ILCS 5/9-102
(735 ILCS 5/9-102)
(from Ch. 110, par. 9-102)
When action may be maintained.
(a) The person entitled to the possession of lands or tenements may be
restored thereto under any of the following circumstances:
(1) When a forcible entry is made thereon.
(2) When a peaceable entry is made and the possession
(3) When entry is made into vacant or unoccupied
lands or tenements without right or title.
(4) When any lessee of the lands or tenements, or any
person holding under such lessee, holds possession without right after the termination of the lease or tenancy by its own limitation, condition or terms, or by notice to quit or otherwise.
(5) When a vendee having obtained possession under a
written or verbal agreement to purchase lands or tenements, and having failed to comply with the agreement, withholds possession thereof, after demand in writing by the person entitled to such possession; provided, however, that any such agreement for residential real estate as defined in the Illinois Mortgage Foreclosure Law entered into on or after July 1, 1987 where the purchase price is to be paid in installments over a period in excess of 5 years and the amount unpaid under the terms of the contract at the time of the filing of a foreclosure complaint under Article XV, including principal and due and unpaid interest, is less than 80% of the original purchase price shall be foreclosed under the Illinois Mortgage Foreclosure Law.
This amendatory Act of 1993 is declarative of
(6) When lands or tenements have been conveyed by any
grantor in possession, or sold under the order or judgment of any court in this State, or by virtue of any sale in any mortgage or deed of trust contained and the grantor in possession or party to such order or judgment or to such mortgage or deed of trust, after the expiration of the time of redemption, when redemption is allowed by law, refuses or neglects to surrender possession thereof, after demand in writing by the person entitled thereto, or his or her agent.
(7) When any property is subject to the provisions of
the Condominium Property Act, the owner of a unit fails or refuses to pay when due his or her proportionate share of the common expenses of such property, or of any other expenses lawfully agreed upon or any unpaid fine, the Board of Managers or its agents have served the demand set forth in Section 9-104.1 of this Article in the manner provided for in that Section and the unit owner has failed to pay the amount claimed within the time prescribed in the demand; or if the lessor-owner of a unit fails to comply with the leasing requirements prescribed by subsection (n) of Section 18 of the Condominium Property Act or by the declaration, by-laws, and rules and regulations of the condominium, or if a lessee of an owner is in breach of any covenants, rules, regulations, or by-laws of the condominium, and the Board of Managers or its agents have served the demand set forth in Section 9-104.2 of this Article in the manner provided in that Section.
(8) When any property is subject to the provisions of
a declaration establishing a common interest community and requiring the unit owner to pay regular or special assessments for the maintenance or repair of common areas owned in common by all of the owners of the common interest community or by the community association and maintained for the use of the unit owners or of any other expenses of the association lawfully agreed upon, and the unit owner fails or refuses to pay when due his or her proportionate share of such assessments or expenses and the board or its agents have served the demand set forth in Section 9-104.1 of this Article in the manner provided for in that Section and the unit owner has failed to pay the amount claimed within the time prescribed in the demand.
(b) The provisions of paragraph (8) of subsection (a) of Section 9-102
and Section 9-104.3 of this Act shall not apply to any common interest
community unless (1) the association is a not-for-profit corporation, (2)
unit owners are authorized to attend meetings of the board of directors or
board of managers of the association in the same manner as provided for
condominiums under the Condominium Property Act, and (3) the board of
managers or board of directors of the common interest community association
has, subsequent to the effective date of this amendatory Act of 1984 voted
to have the provisions of this Article apply to such association and has
delivered or mailed notice of such action to the unit owners or unless the
declaration of the association is recorded after the effective date of this
amendatory Act of 1985.
(c) For purposes of this Article:
(1) "Common interest community" means real estate
other than a condominium or cooperative with respect to which any person by virtue of his or her ownership of a partial interest or unit therein is obligated to pay for maintenance, improvement, insurance premiums, or real estate taxes of other real estate described in a declaration which is administered by an association.
(2) "Declaration" means any duly recorded
instruments, however designated, that have created a common interest community and any duly recorded amendments to those instruments.
(3) "Unit" means a physical portion of the common
interest community designated by separate ownership or occupancy by boundaries which are described in a declaration.
(4) "Unit owners' association" or "association" means
the association of all owners of units in the common interest community acting pursuant to the declaration.
(d) If the board of a common interest community elects to have the
provisions of this Article apply to such association or the declaration of
the association is recorded after the effective date of this amendatory Act
of 1985, the provisions of subsections (c) through (h) of Section 18.5 of
the Condominium Property Act applicable to a Master Association and
condominium unit subject to such association under subsections (c) through
(h) of Section 18.5 shall be applicable to the community associations and
to its unit owners.
(Source: P.A. 88-47; 89-41, eff. 6-23-95; 89-626, eff. 8-9-96.)
735 ILCS 5/9-103
(735 ILCS 5/9-103)
(from Ch. 110, par. 9-103)
Mobile home site.
The rental of land upon which a mobile
home is placed or the rental
of a mobile home and the land on which it is placed, for more than 30
days, shall be construed as a lease of real property. However, nothing
in this Section shall be construed to affect the classification of
mobile homes as real or personal property for purposes of taxation.
(Source: P.A. 82-280.)
735 ILCS 5/9-104
(735 ILCS 5/9-104)
(from Ch. 110, par. 9-104)
Demand - Notice - Return.
The demand required by Section
9-102 of this Act may be made by delivering a copy
thereof to the tenant, or by leaving such a copy with some person of the
age of 13 years or upwards, residing on, or being in charge of, the premises;
or in case no one is in the actual possession of the premises, then by
posting the same on the premises; or if those in possession are unknown
occupants who are not parties to any written lease, rental agreement, or right
to possession agreement for the premises, then by delivering a copy of the
notice, directed to "unknown occupants", to the occupant or by leaving a copy
of the notice with some person of the age of 13 years or upwards
occupying the premises, or by posting a copy of the notice on the premises
directed to "unknown occupants". When such demand is made by
an officer authorized to serve process, his or her return is prima facie
evidence of the facts therein stated, and if such demand is made by any
person not an officer, the return may be sworn to by the person serving
the same, and is then prima facie evidence of the facts therein
stated. The demand for possession may be in the following form:
I hereby demand immediate possession of the following
described premises: (describing the same.)
The demand shall be signed by the person claiming such possession,
his or her agent, or attorney.
(Source: P.A. 92-823, eff. 8-21-02
735 ILCS 5/9-104.1
(735 ILCS 5/9-104.1)
(from Ch. 110, par. 9-104.1)
Demand; Notice; Return; Condominium and Contract
(a) In case there is a contract for the purchase of such lands
or tenements or in case of condominium property, the demand shall give the
purchaser under such contract, or to the condominium unit owner, as the
case may be, at least 30 days to satisfy the terms of the demand before an
action is filed. In case of a condominium unit, the demand shall set forth
the amount claimed which must be paid within the time prescribed in the
demand and the time period or periods when the amounts were originally due,
unless the demand is for compliance with Section 18(n) of the Condominium
Property Act, in which case the demand shall set forth the nature of the
lease and memorandum of lease or the leasing requirement not satisfied.
The amount claimed shall include regular or special assessments, late
charges or interest for delinquent assessments, and attorneys' fees claimed
for services incurred prior to the demand. Attorneys' fees claimed by
condominium associations in the demand shall be subject to review by the
courts in any forcible entry and detainer proceeding under subsection (b) of Section 9-111
of this Act.
The demand shall be signed by the person claiming such possession, his or
her agent, or attorney.
(b) In the case of a condominium unit, the demand is not invalidated by
partial payment of amounts due if the payments do not, at the end of the
notice period, total the amounts demanded in the notice for common
expenses, unpaid fines, interest, late charges, reasonable attorney fees
incurred prior to the initiation of any court action and costs of
collection. The person claiming possession, or his or her agent or
attorney, may, however, agree in writing to withdraw the demand in exchange
for receiving partial payment. To prevent invalidation, the notice must
"Only FULL PAYMENT of all amounts demanded in this notice will invalidate
the demand, unless the person claiming possession, or his or her agent or
attorney, agrees in writing to withdraw the demand in exchange for
receiving partial payment."
(c) The demand set forth in subsection (a) of this Section shall be
served either personally upon such purchaser or condominium unit owner or
by sending the demand thereof by registered or certified mail with return
receipt requested to the last known address of such purchaser or condominium
unit owner or in case no one is in the actual possession of the premises,
then by posting the same on the premises. When such demand is made by an
officer authorized to serve process, his or her return is prima facie
evidence of the facts therein stated and if such demand is made by any
person not an officer, the return may be sworn to by the person serving the
same, and is then prima facie evidence of the facts therein stated.
To be effective service under this Section, a demand sent by certified or
registered mail to the last known address need not be received by the
purchaser or condominium unit owner.
other demand shall be required as a prerequisite to filing an action under
paragraph (7) of subsection (a) of Section 9-102 of this Act.
Service of the demand by registered or certified mail shall be deemed
effective upon deposit in the United States mail with proper postage prepaid
and addressed as provided in this subsection.
(Source: P.A. 90-496, eff. 8-18-97.)
735 ILCS 5/9-104.2
(735 ILCS 5/9-104.2)
(from Ch. 110, par. 9-104.2)
Demand - Notice - Termination of Lease and Possession of a
(a) Unless the Board of Managers is seeking to
terminate the right of possession of a tenant or other occupant of a unit
an existing lease or other arrangement with the owner
of a unit, no demand nor summons need be served upon the tenant or other
occupant in connection
with an action brought under paragraph (7) of subsection (a) of Section
9-102 of this Article.
(a-5) The Board of Managers may seek to terminate
the right of possession of a tenant or other occupant of a unit under an
existing lease or other arrangement between the tenant or other occupant and
the defaulting owner of a unit, either within the same action against the unit
owner under paragraph (7) of subsection (a) of Section 9-102 of this Article or
independently thereafter under other paragraphs of that subsection. If a
tenant or other occupant of a unit is joined within
the same action against the defaulting unit owner under paragraph (7),
only the unit owner and not the tenant or other occupant
need to be served with 30 days prior written notice as
provided in this Article.
The tenant or other occupant may be joined as additional defendants at the
time the suit is filed
or at any time thereafter prior to execution of judgment for possession by
filing, with or without prior leave of the court, an amended complaint and
summons for trial. If the complaint alleges that the unit is occupied or may
be occupied by persons other than or in addition to the unit owner of record,
that the identities of the persons are concealed and unknown, they may be named
and joined as defendant "Unknown Occupants". Summons may be served on the
defendant "Unknown Occupants" by the sheriff or court appointed process server
by leaving a copy at the unit with any person residing at the unit of the age
13 years or greater, and if the summons is returned without service stating
that service cannot be obtained, constructive service may be obtained pursuant
to Section 9-107 of this Code with notice mailed to "Unknown Occupants" at the
address of the unit. If prior to execution of judgment for possession the
identity of a defendant or defendants served in this manner is discovered, his
or her name or names
and the record may be corrected upon hearing pursuant to notice of motion
served upon the identified defendant or defendants at the unit in the manner
court rule for service of notice of motion.
If however an action under paragraph (7) was brought
against the defaulting unit owner only, and after obtaining judgment for
possession and expiration of the stay on enforcement the Board of Managers
elects not to accept a tenant or occupant in possession as its own and to
commence a separate action, written
notice of the judgment against the unit owner and demand to quit the premises
shall be served on the tenant or other occupant in the manner provided under
Section 9-211 at
least 10 days prior to bringing suit to recover possession from the tenant or
(b) If a judgment for possession is granted to the Board of Managers under
Section 9-111, any interest of the unit owner to receive rents under any
lease arrangement shall
be deemed assigned to the Board of Managers until such time as the judgment is
(c) If a judgment for possession is entered, the Board of Managers may
obtain from the clerk of the court an informational certificate notifying any
not parties to the proceeding of the assignment of the unit owner's interest
in the lease arrangement to the Board of Managers
as a result of the entry of the judgment for possession and stating that
any rent hereinafter due the unit owner or his agent under the lease
arrangement should be paid to the Board of Managers until further order of
court. If the tenant pays his rent to the association pursuant to the
entry of such a judgement for possession, the unit owner may not sue said
tenant for any such amounts the tenant pays the association.
Upon service of the certificate on the tenant in the manner provided by
Section 9-211 of this Code, the tenant shall be obligated to pay the rent under
the lease arrangement to the Board of Managers as it becomes due. If the
tenant thereafter fails and refuses to pay the rent, the Board of Managers may
bring an action for possession after making a demand for rent in accordance
with Section 9-209 of this Code.
(c-5) In an action against the unit owner and lessee to evict a lessee for
failure of the lessor/owner of the condominium unit to comply with the leasing
requirements prescribed by subsection (n) of Section 18 of the Condominium
Property Act or by
the declaration, bylaws, and rules and regulations of the condominium, or
against a lessee for any other breach by the lessee of any covenants, rules,
regulations, or bylaws of the condominium, the demand shall give the lessee at
least 10 days to quit and vacate the unit. The notice shall be substantially
in the following form:
"TO A.B. You are hereby notified that in consequence
of (here insert lessor-owner name) failure to comply with the leasing requirements prescribed by Section 18(n) of the Condominium Property Act or by the declaration, bylaws, and rules and regulations of the condominium, or your default of any covenants, rules, regulations or bylaws of the condominium, in (here insert the character of the default) of the premises now occupied by you, being (here described the premises) the Board of Managers of (here describe the condominium) Association elects to terminate your lease, and you are hereby notified to quit and vacate same within 10 days of this date.".
The demand shall be signed by the Board of Managers, its agent, or attorney
and shall be served either personally upon the lessee with a copy to the unit
owner or by sending the demand thereof by registered or certified mail with
return receipt requested to the unit occupied by the lessee and to the last
known address of the unit owner, and no other demand of termination of such
tenancy shall be required. To be effective service under this Section, a
demand sent by certified mail, return receipt requested, to the unit occupied
by the lessee and to the last known address of the unit owner need not be
received by the lessee or condominium unit owner.
(d) Nothing in this Section 9-104.2 is intended to confer upon a Board of
Managers any greater authority with respect to possession of a unit after a
judgment than was previously established by this Act.
(Source: P.A. 90-496, eff. 8-18-97; 91-196, eff. 7-20-99.)
735 ILCS 5/9-104.3
(735 ILCS 5/9-104.3)
(from Ch. 110, par. 9-104.3)
Applicability of Article.
All common interest
community associations electing
pursuant to paragraph (8) of subsection (a) of Section 9-102 to have this
Article made applicable to such association shall follow the same
procedures and have the same rights and responsibilities as condominium
associations under this Article.
(Source: P.A. 84-1308.)
735 ILCS 5/9-105
(735 ILCS 5/9-105)
(from Ch. 110, par. 9-105)
In case of forfeiture under contract of purchase, the
purchaser shall be entitled to cultivate and gather the crops, if any,
planted by him or her and grown or growing on the premises at the time of the
filing of the action, and shall have the right to enter for the
purpose of removing such crops, first paying or tendering to the party
entitled to the possession a reasonable compensation for such use of the
land before removing such crops.
(Source: P.A. 82-280.)
735 ILCS 5/9-106
(735 ILCS 5/9-106)
(from Ch. 110, par. 9-106)
Pleadings and evidence.
On complaint by the party or parties
the possession of such premises being filed in the circuit court for the
county where such premises are situated, stating that such party is
entitled to the possession of such premises (describing the same with
reasonable certainty), and that the defendant (naming the defendant) unlawfully
withholds the possession thereof from him, her or them, the clerk of the
court shall issue a summons.
The defendant may under a general denial of the allegations of the
complaint offer in evidence any matter in defense of the action.
Except as otherwise provided in Section 9-120,
matters not germane to the distinctive purpose of the proceeding shall
be introduced by joinder, counterclaim or otherwise. However,
a claim for rent may be joined in the complaint, and judgment may be entered
for the amount of rent found due.
(Source: P.A. 90-360, eff. 1-1-98.)
735 ILCS 5/9-106.1
(735 ILCS 5/9-106.1)
(from Ch. 110, par. 9-106.1)
Action for condominium assessments not barred or waived
by acceptance of assessments for time periods not covered by demand.
An action brought under paragraph (7) of subsection (a) of Section 9-102
of this Act is neither barred nor
waived by the action of a Board of Managers in accepting payments from a
unit owner for his or her proportionate share of the common expenses or
of any other expenses lawfully agreed upon for any time period other than
that covered by the demand.
(Source: P.A. 84-1308.)
735 ILCS 5/9-106.2
(735 ILCS 5/9-106.2)
Affirmative defense for violence; barring persons from property.
(a) It shall be an affirmative defense to an action maintained under this Article IX if the court makes one of the following findings that the demand for possession is:
(1) based solely on the tenant's, lessee's, or
household member's status as a victim of domestic violence or sexual violence as those terms are defined in Section 10 of the Safe Homes Act, stalking as that term is defined in the Criminal Code of 2012, or dating violence;
(2) based solely upon an incident of actual or
threatened domestic violence, dating violence, stalking, or sexual violence against a tenant, lessee, or household member;
(3) based solely upon criminal activity directly
relating to domestic violence, dating violence, stalking, or sexual violence engaged in by a member of a tenant's or lessee's household or any guest or other person under the tenant's, lessee's, or household member's control, and against the tenant, lessee, or household member; or
(4) based upon a demand for possession pursuant to
subsection (f) where the tenant, lessee, or household member who was the victim of domestic violence, sexual violence, stalking, or dating violence did not knowingly consent to the barred person entering the premises or a valid court order permitted the barred person's entry onto the premises.
(b) When asserting the affirmative defense, at least one form of the following types of evidence shall be provided to support the affirmative defense: medical, court, or police records documenting the violence or a statement from an employee of a victim service organization or from a medical professional from whom the tenant, lessee, or household member has sought services.
(c) Nothing in subsection (a) shall prevent the landlord from seeking possession solely against a tenant, household member, or lessee of the premises who perpetrated the violence referred to in subsection (a).
(d) Nothing in subsection (a) shall prevent the landlord from seeking possession against the entire household, including the tenant, lessee, or household member who is a victim of domestic violence, dating violence, stalking, or sexual violence if the tenant, lessee, or household member's continued tenancy would pose an actual and imminent threat to other tenants, lessees, household members, the landlord or their agents at the property.
(e) Nothing in subsection (a) shall prevent the landlord from seeking possession against the tenant, lessee, or household member who is a victim of domestic violence, dating violence, stalking, or sexual violence if that tenant, lessee, or household member has committed the criminal activity on which the demand for possession is based.
(f) A landlord shall have the power to bar the presence of a person from the premises owned by the landlord who is not a tenant or lessee or who is not a member of the tenant's or lessee's household. A landlord bars a person from the premises by providing written notice to the tenant or lessee that the person is no longer allowed on the premises. That notice shall state that if the tenant invites the barred person onto any portion of the premises, then the landlord may treat this as a breach of the lease, whether or not this provision is contained in the lease. Subject to paragraph (4) of subsection (a), the landlord may evict the tenant.
(g) Further, a landlord may give notice to a person that the person is barred from the premises owned by the landlord. A person has received notice from the landlord within the meaning of this subsection if he has been notified personally, either orally or in writing including a valid court order as defined by subsection (7) of Section 112A-3 of the Code of Criminal Procedure of 1963 granting remedy (2) of subsection (b) of Section 112A-14 of that Code, or if a printed or written notice forbidding such entry has been conspicuously posted or exhibited at the main entrance to such land or the forbidden part thereof. Any person entering the landlord's premises after such notice has been given shall be guilty of criminal trespass to real property as set forth in Section 21-3 of the Criminal Code of 2012. After notice has been given, an invitation to the person to enter the premises shall be void if made by a tenant, lessee, or member of the tenant's or lessee's household and shall not constitute a valid invitation to come upon the premises or a defense to a criminal trespass to real property.
(Source: P.A. 96-1188, eff. 7-22-10; 97-1150, eff. 1-25-13.)
735 ILCS 5/9-107
(735 ILCS 5/9-107)
(from Ch. 110, par. 9-107)
If the plaintiff, his or her agent,
or attorney files a forcible
detainer action, with or without joinder of a claim for rent in the
complaint, and is unable to obtain personal service on the
defendant or unknown occupant and a summons duly issued in such action is returned
without service stating that service can not be obtained, then the
plaintiff, his or her agent or attorney may file an affidavit stating that the
defendant or unknown occupant is not a resident of this State, or has departed from this
State, or on due inquiry cannot be found, or is concealed within this
State so that process cannot be served upon him or her, and also stating the
place of residence of the defendant or unknown occupant, if known, or if
not known, that
upon diligent inquiry the affiant has not been able to ascertain the
defendant's or unknown occupant's place of residence, then in all such
forcible detainer cases
whether or not a claim for rent is joined with the complaint for
possession, the defendant or unknown occupant may be notified by posting
and mailing of
notices; or by publication and mailing, as provided for in
Section 2-206 of this Act. However, in cases where the defendant or unknown
occupant is notified by
posting and mailing of notices or by publication and mailing, and the
defendant or unknown occupant does not appear generally, the court may rule
only on the
portion of the complaint which seeks judgment for possession, and the
court shall not enter judgment as to any rent claim joined in the
complaint or enter personal judgment for any amount owed by a unit owner
for his or her proportionate share of the common expenses, however, an in
rem judgment may be entered against the unit for the amount of common expenses
due, any other expenses lawfully agreed upon or the amount of any unpaid
fine, together with reasonable attorney fees, if any, and costs. The claim
for rent may remain pending until such time as the
defendant or unknown occupant appears generally or is served with summons, but the order for
possession shall be final, enforceable and appealable if the court makes
an express written finding that there is no just reason for delaying
enforcement or appeal, as provided by Supreme Court rule of this State.
Such notice shall be in the name of the clerk of the court, be
directed to the defendant or unknown occupant, shall state the nature of the cause against
the defendant or unknown occupant and at whose instance issued and the time and place for
trial, and shall also state that unless the defendant or unknown occupant appears at the
time and place fixed for trial, judgment will be entered by default, and
shall specify the character
of the judgment that will be entered in such cause. The sheriff shall
post 3 copies of the notice in 3 public places in the neighborhood of
the court where the cause is to be tried, at least 10 days prior to the
day set for the appearance, and, if the place of residence of the
defendant or unknown occupant is stated in any affidavit on file, shall at the
mail one copy of the notice addressed to such defendant or unknown occupant at
such place of
residence shown in such affidavit. On or before the day set for the
appearance, the sheriff shall file the notice with an endorsement thereon
stating the time when and places where the sheriff posted and to whom and
at what address he or she mailed copies as required by this Section. For want
of sufficient notice any cause may be continued from time to time until
the court has jurisdiction of the defendant or unknown occupant.
(Source: P.A. 92-823, eff. 8-21-02.)
735 ILCS 5/9-107.5
(735 ILCS 5/9-107.5)
Notice to unknown occupants.
(a) Service of process upon an
occupant may be had by delivering a copy of the summons and complaint naming
"unknown occupants" to the tenant or any unknown occupant or person of the age
or upwards occupying the premises.
(b) If unknown occupants are not named in the initial
and complaint and a judgment for possession in favor of the plaintiff is
entered, but the
order does not include unknown occupants and the sheriff determines
executing the judgment for possession that persons not included in the
in possession of the premises, then the sheriff shall leave with a person of
the age of 13
years or upwards occupying the premises, a copy of the order, or
if no one is present in the premises to accept the order or refuses
the order, then by posting a copy of the order on the
addition to leaving a copy of the order or posting of the
sheriff shall also
leave or post a notice addressed to "unknown occupants" that states unless any
occupants file a written petition with the clerk that sets forth the unknown
legal claim for possession within 7 days of the date the notice is posted or
left with any
unknown occupant, the unknown occupants shall be evicted from the premises. If
unknown occupants file such a petition, a hearing on the merits of the unknown
petition shall be held by the court within 7 days of the filing of the petition
with the clerk.
The unknown occupants shall have the burden of proof in establishing a legal
(c) The plaintiff may obtain a judgment for possession only and not for rent
(d) Nothing in this Section may be construed so as to vest any rights to
who are criminal trespassers, nor may this Section be construed in any way
with the ability of law enforcement officials removing persons or property from
premises when there is a criminal trespass.
(Source: P.A. 92-823, eff. 8-21-02.)
735 ILCS 5/9-107.10
(735 ILCS 5/9-107.10)
Military personnel in military service; action for possession.
(a) In this Section:
"Military service" means any full-time training or duty, no matter how described under federal or State law, for which a service member is ordered to report by the President, Governor of a state, commonwealth, or territory of the United States, or other appropriate military authority.
"Service member" means a resident of Illinois who is a member of any component of the U.S. Armed Forces or the National Guard of any state, the District of Columbia, a commonwealth, or a territory of the United States.
(b) In an action for possession of residential premises of a tenant, including a tenant who is a resident of a mobile home park, who is a service member that has entered military service, or of any member of the tenant's family who resides with the tenant, if the tenant entered into the rental agreement on or after the effective date of this amendatory Act of the 94th General Assembly, the court may, on its own motion, and shall, upon motion made by or on behalf of the tenant, do either of the following if the tenant's ability to pay the agreed rent is materially affected by the tenant's military service:
(1) Stay the proceedings for a period of 90 days,
unless, in the opinion of the court, justice and equity require a longer or shorter period of time.
(2) Adjust the obligation under the rental agreement
to preserve the interest of all parties to it.
(c) In order to be eligible for the benefits granted to service members under this Section, a service member or a member of the service member's family who resides with the service member must provide the landlord or mobile home park operator with a copy of the orders calling the service member to military service in excess of 29 consecutive days and of any orders further extending the period of service.
(d) If a stay is granted under this Section, the court may grant the landlord or mobile home park operator such relief as equity may require.
(e) A violation of this Section constitutes a civil rights violation under the Illinois Human Rights Act.
All proceeds from the collection of any civil penalty
imposed pursuant to the Illinois Human Rights Act under this subsection shall be deposited into the Illinois Military Family Relief Fund.
(Source: P.A. 97-913, eff. 1-1-13.)
735 ILCS 5/9-108
(735 ILCS 5/9-108)
(from Ch. 110, par. 9-108)
In any case relating to premises used for residence
purposes, either party may demand trial by jury, notwithstanding any
waiver of jury trial contained in any lease or contract.
(Source: P.A. 82-280.)
735 ILCS 5/9-109
(735 ILCS 5/9-109)
(from Ch. 110, par. 9-109)
Trial ex parte.
If the defendant does not appear, having been duly
summoned as herein provided the trial may proceed ex parte, and may be
tried by the court, without a jury.
(Source: P.A. 82-280.)
735 ILCS 5/9-109.5
(735 ILCS 5/9-109.5)
Standard of Proof.
After a trial, if the court finds, by a
preponderance of the evidence,
that the allegations in the complaint have been proven, the court
shall enter judgment for possession of the premises in favor of the
(Source: P.A. 90-557, eff. 6-1-98.)
735 ILCS 5/9-109.7
(735 ILCS 5/9-109.7)
Stay of enforcement; drug related action.
A judgment for
possession of the premises entered in an action brought by a lessor or lessor's
assignee, if the action was brought
as a result of a lessor or lessor's assignee declaring a lease void
pursuant to Section 11 of the Controlled Substance and Cannabis Nuisance Act,
may not be stayed for any period in excess of 7 days by the court.
Thereafter the plaintiff shall be entitled to re-enter the premises
immediately. The sheriff or other lawfully deputized officers shall execute an
order entered pursuant to this Section
within 7 days of its entry, or within 7 days of the expiration of
a stay of judgment, if one is entered.
(Source: P.A. 90-557, eff. 6-1-98.)
735 ILCS 5/9-110
(735 ILCS 5/9-110)
(from Ch. 110, par. 9-110)
Judgment for whole premises - Stay of enforcement.
it appears on the trial that the plaintiff is entitled
to the possession of the whole of the premises claimed, judgment for the
possession thereof and for costs shall be entered in favor of the plaintiff.
However, if the action is brought under Article IX of this Code and is
based upon a breach of a contract entered into
on or after July 1, 1962 for the purchase of such premises, the court,
by order, may stay the enforcement of the judgment for a period
not to exceed 60 days from the date of the judgment, or if the court
finds that the amount unpaid on the contract is less than 75% of the
original purchase price, then the court shall stay the enforcement of the
judgment for a period of 180 days from the date of the judgment. The court
may order a stay of less than 180 days (but in no event less than 60
days) if it is shown that the plaintiff, prior to the filing of the action
under Article IX of this Act, granted the defendant previous extensions of
time to pay the amounts due under the contract, or for other good cause
shown. If during such period of stay the defendant pays the entire amount
then due and payable under the terms of the contract other than such
portion of the principal balance due under the contract as would not be
due had no default occurred and costs and, if the contract provides
therefor, reasonable attorney's fees as fixed by the court, and cures
all other defaults then existing, the contract shall remain in force the
same as if no default had occurred. The relief granted to a defendant
by this Section shall not be exhausted by a single use thereof but shall
not be again available with respect to the same contract for a period of
5 years from the date of such judgment. Whenever defendant cures the
default under the contract pursuant to this Section, the defendant may within
the period of stay file a motion to vacate the judgment in the court in
which the judgment was entered, and, if the court, upon the hearing of
such motion, is satisfied that such default has been cured, such
judgment shall be vacated. Unless defendant files such motion to vacate
in the court or the judgment is otherwise stayed, enforcement of the judgment
immediately upon the expiration of such period of stay and all rights of the
defendant in and to the premises and in and to the real estate described
in the contract are terminated.
Nothing herein contained shall be construed as affecting the right of
a seller of such premises to any lawful remedy or relief other than that
provided by Part 1 of Article IX of this Act.
(Source: P.A. 85-907.)
735 ILCS 5/9-111
(735 ILCS 5/9-111)
(from Ch. 110, par. 9-111)
(a) As to property subject to the
provisions of the "Condominium Property Act", approved June 20, 1963, as
amended, when the action is based upon the failure of an owner of a unit
therein to pay when due his or her proportionate share of the common
expenses of the property, or of any other expenses lawfully agreed upon or
the amount of any unpaid fine, and if the court finds that the expenses or
fines are due to the plaintiff, the plaintiff shall be entitled to the
possession of the whole of the premises claimed, and judgment in favor of
the plaintiff shall be entered for the possession thereof and for the
amount found due by the court including interest and late charges, if any,
together with reasonable attorney's fees, if any, and for the plaintiff's
costs. The awarding of reasonable attorney's fees shall be pursuant to the
standards set forth in subsection (b) of this Section 9-111. The court
shall, by order, stay the enforcement of the judgment for possession for
a period of not less than 60 days from the date of the judgment and may
stay the enforcement of the judgment for a period not to exceed 180 days
from such date. Any judgment for money or any rent assignment under
subsection (b) of Section 9-104.2 is not subject to this stay. The judgment
for possession is not subject to an exemption of homestead under Part 9 of
Article XII of this Code. If at any
time, either during or after the period of stay, the
defendant pays such expenses found due by the court, and costs, and reasonable
attorney's fees as fixed by the court, and the defendant is
not in arrears on his or her share of the common expenses for the period
subsequent to that covered by the judgment, the defendant may file a motion to
vacate the judgment in the court in which the judgment was entered, and, if the
court, upon the hearing of such motion, is satisfied that the default in
payment of the proportionate share of expenses has been cured, and if the court
finds that the premises are not presently let by the board of managers as
provided in Section 9-111.1 of this Act, the judgment shall be vacated. If the
premises are being let by the board of managers as provided in Section 9-111.1
of this Act, when any judgment is sought to be vacated, the court shall vacate
the judgment effective concurrent with the expiration of the lease term. Unless
defendant files such motion to vacate in the court or the judgment is otherwise
stayed, enforcement of the judgment may proceed immediately upon the expiration
of the period of stay and all rights of the defendant to possession of his or
her unit shall cease and determine until the date that the judgment may
thereafter be vacated in accordance with the foregoing provisions, and
notwithstanding payment of the amount of any money judgment if the unit owner
or occupant is in
arrears for the period after the date of entry of the judgment as provided in
this Section. Nothing
herein contained shall be construed as affecting the right of the board of
managers, or its agents, to any lawful remedy or relief other than that
provided by Part 1 of Article IX of this Act.
This amendatory Act of the 92nd General Assembly is intended as a
clarification of existing law and not as a new enactment.
(b) For purposes of determining reasonable attorney's fees under
subsection (a), the court shall consider:
(i) the time expended by the attorney;
(ii) the reasonableness of the hourly rate for the
(iii) the reasonableness of the amount of time
expended for the work performed; and
(iv) the amount in controversy and the nature of the
(Source: P.A. 91-196, eff. 7-20-99; 92-540, eff. 6-12-02.)
735 ILCS 5/9-111.1
(735 ILCS 5/9-111.1)
Lease to bona fide tenant.
Upon the entry of a judgment
in favor of a board of managers
for possession of property under the Condominium Property Act, as provided in
Section 9-111 of this Act, and upon delivery of possession of
the premises by the
sheriff or other authorized official to the board of managers pursuant to
execution upon the judgment, the board of managers shall have the right and
authority, incidental to the right of possession of a unit under the judgment,
but not the obligation, to lease the unit to a bona fide tenant (whether the
tenant is in occupancy or not) pursuant to a written lease for a term not to
exceed 13 months from the date of expiration of the stay of judgment unless
extended by order of court upon notice to the dispossessed unit owner. The
board of managers shall first apply all rental income to assessments and other
charges sued upon in the action for possession plus statutory interest on a
monetary judgment, if any, attorneys' fees, and court costs incurred; and then
to other expenses lawfully agreed upon (including late charges), any fines and
reasonable expenses necessary to make the unit rentable, and lastly to
assessments accrued thereafter until assessments are current. Any surplus
shall be remitted to the unit owner. The court shall retain jurisdiction to
determine the reasonableness of the expense of making the unit rentable.
(Source: P.A. 91-357, eff. 7-29-99.)
735 ILCS 5/9-112
(735 ILCS 5/9-112)
(from Ch. 110, par. 9-112)
Judgment for part of premises.
If it shall appear that
the plaintiff is entitled to the
possession of only a part of the premises claimed, the judgment shall be
entered for that part only and for costs, and for the residue
defendant shall be dismissed.
(Source: P.A. 82-280.)
735 ILCS 5/9-113
(735 ILCS 5/9-113)
(from Ch. 110, par. 9-113)
Joinder of several tenants.
Whenever there is one lease
for the whole of
certain premises, and the actual possession thereof, at the time of the
filing of the action, is
divided in severalty among persons with, or other
than the lessee, in one or more portions or parcels, separately or
severally held or occupied, all or so many of such persons, with the
lessee, as the plaintiff may elect, may be joined as defendants in one
action, and the recovery against them, with costs, shall be several,
according as their actual holdings are judicially determined.
(Source: P.A. 82-280.)
735 ILCS 5/9-114
(735 ILCS 5/9-114)
(from Ch. 110, par. 9-114)
Judgment against plaintiff.
If the plaintiff voluntarily
dismisses the action, or fails
to prove the plaintiff's right to the possession, judgment for costs shall
be entered in favor of the defendant.
(Source: P.A. 82-280.)
735 ILCS 5/9-115
(735 ILCS 5/9-115)
(from Ch. 110, par. 9-115)
Dismissal as to part.
The plaintiff may at any time dismiss
his or her action as to any one
or more of the defendants, and the jury or court may find any one or
more of the defendants liable, and the others not liable, and the court
shall thereupon enter judgment according to such finding.
(Source: P.A. 82-280.)
735 ILCS 5/9-116
(735 ILCS 5/9-116)
(from Ch. 110, par. 9-116)
If the plaintiff appeals, then, during
the pendency of such appeal, the plaintiff is entitled to enforce, or
accept from the defendant or from any person claiming under him or her,
performance of all obligations imposed upon such defendant by the terms
of any lease, contract, covenant or agreement under which the defendant
claims the right to possession, or by law, as if such appeal has not
been taken, without thereby affecting the appeal or the judgment
appealed from, and without thereby creating or reinstating any tenancy
or other relationship of the parties. However, if the
result of the prosecution of such appeal and entry of final judgment is
that the defendant was obligated to the plaintiff during the pendency
thereof in a different form, manner or amount than that in which any
payment or payments made under the provision of this Section was or were
enforced or accepted, or in a different form, manner or amount than that
adjudged in any judgment entered by any court in any other proceedings
instituted by virtue of the provisions of this Section during the
pendency of the appeal, such payment or payments shall be deemed to
have been made to apply in the form, manner and amount resulting or
arising from the prosecution of such appeal, on account of the
(Source: P.A. 82-280.)