Illinois Compiled Statutes 735 Civil Procedure: Article IX - Forcible Entry And Detainer

Part 1. in General

• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 9-104.1
  Demand; Notice; Return; Condominium and Contract Purchasers. (a) In case there is a contract for the purchase of such lands or tenements or in...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 9-104.2
  Demand - Notice - Termination of Lease and Possession of a Condominium. (a) Unless the Board of Managers is seeking to terminate the right...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 9-105
  Growing crops. In case of forfeiture under contract of purchase, the purchaser shall be entitled to cultivate and gather the crops, if any, planted...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 9-106
  Pleadings and evidence. On complaint by the party or parties entitled to the possession of such premises being filed in the circuit court for...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 9-107
  Constructive service. If the plaintiff, his or her agent, or attorney files a forcible detainer action, with or without joinder of a claim for...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 9-107.5
  Notice to unknown occupants. (a) Service of process upon an unknown occupant may be had by delivering a copy of the summons and complaint...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 9-108
  Jury trial. In any case relating to premises used for residence purposes, either party may demand trial by jury, notwithstanding any waiver of jury...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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,...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 9-110
  Judgment for whole premises - Stay of enforcement. If it appears on the trial that the plaintiff is entitled to the possession of the...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 9-111
  Condominium property. (a) As to property subject to the provisions of the "Condominium Property Act", approved June 20, 1963, as amended, when the action...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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,...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 9-116
  Pending appeal. If the plaintiff appeals, then, during and notwithstanding the pendency of such appeal, the plaintiff is entitled to enforce, or accept from...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 9-117
  Expiration of Judgment. No judgment for possession obtained in an action brought under this Article may be enforced more than 120 days after judgment is...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 9-118
  Emergency housing eviction proceedings. (a) As used in this Section: "Cannabis" has the meaning ascribed to that term in the Cannabis Control Act. "Narcotics" and...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 9-119
  Emergency subsidized housing eviction proceedings. (a) As used in this Section: "FmHA" means the Farmers Home Administration or a local housing authority administering an...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 9-120
  Leased premises used in furtherance of a criminal offense; lease void at option of lessor or assignee. (a) If any lessee or occupant, on one...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 9-121
  Sealing of court file. (a) Definition. As used in this Section, "court file" means the court file created when a forcible entry and detainer action...

Part 2. Recovery of Rent; Termination of Certain Tenancies

• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 9-201
  Recovery of rent. The owner of lands, his or her executors or administrators, may sue for and recover rent therefor, or a fair and...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 9-202
  Wilfully holding over. If any tenant or any person who is in or comes into possession of any lands, tenements or hereditaments, by, from...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 9-203
  Holding over after notice. If any tenant gives notice of his or her intention to quit the premises which are held by him or...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 9-204
  Rent in arrears - Re-entry. In all cases between landlord and tenant, where one-half year's rent is in arrears and unpaid, and the landlord...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 9-205
  Notice to terminate tenancy from year to year. Except as provided in Section 9-206 and Section 9-207.5 of this Act, in all cases of tenancy...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 9-206
  Notice to terminate tenancy of farm land. Subject to the provisions of Section 16 of the Landlord and Tenant Act, in order to terminate tenancies...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 9-206.1
  Life tenancy termination; farmland leases. (a) Tenancies from year to year of farmland occupied on a crop share, livestock share, cash rent, or other...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 9-207
  Notice to terminate tenancy for less than a year. (a) Except as provided in Section 9-207.5 of this Code, in all cases of tenancy from...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 9-207.5
  Termination of bona fide leases in residential real estate in foreclosure. (a) A mortgagee, receiver, holder of the certificate of sale, holder of the deed...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 9-208
  Further demand. Where a tenancy is terminated by notice, under either of the 2 preceding sections, no further demand is necessary before bringing an...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 9-209
  Demand for rent - Action for possession. A landlord or his or her agent may, any time after rent is due, demand payment thereof and...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 9-210
  Notice to quit. When default is made in any of the terms of a lease, it is not necessary to give more than 10...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 9-211
  Service of demand or notice. Any demand may be made or notice served by delivering a written or printed, or partly written and printed,...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 9-212
  Evidence of service. When such demand is made or notice served by an officer authorized to serve process, the officer's return is prima facie...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 9-213
  Expiration of term. When the tenancy is for a certain period, and the term expires by the terms of the lease, the tenant is...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 9-213.1
  Duty of landlord to mitigate damages. After January 1, 1984, a landlord or his or her agent shall take reasonable measures to mitigate the...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 9-214
  Lease defined. The term "lease," as used in Part 2 of Article IX of this Act, includes every letting, whether by verbal or written...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 9-215
  Remedies available to grantee. The grantees of any leased lands, tenements, rents or other hereditaments, or of the reversion thereof, the assignees of the...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 9-216
  Remedies available to lessee. The lessees of any lands, their assigns or personal representatives, shall have the same remedy, by action or otherwise, against...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 9-217
  Rent recoverable by representative, from subtenant. When a tenant for life demises any lands and dies on or after the day when any rent...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 9-218
  Rent payments at business office. (a) If the lessor, or agent of the lessor, of residential real property, containing 100 or more residential units in...

Part 3. Distress for Rent

• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 9-301
  Property subject to distraint. In all cases of distress for rent, the landlord, by himself or herself, his or her agent or attorney, may...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 9-302
  Filing of distress warrant with inventory. The person making such distress shall immediately file with the clerk of the circuit court a copy of...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 9-303
  Summons and return. Upon the filing of such copy of distress warrant and inventory, the clerk shall issue a summons against the party against...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 9-304
  Notice to non-residents. When it appears, by affidavit filed in the court where such proceeding is pending, that the defendant is a nonresident or...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 9-305
  Proceedings - Pleading. The action shall thereafter proceed in the same manner as in case of attachment before the court. It shall not be...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 9-306
  Counterclaim - Defenses. The defendant may file a counterclaim as in other civil actions or other defense which would have been proper if the...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 9-307
  Judgment for plaintiff. If the plaintiff recovers, judgment shall be entered in favor of plaintiff, for the amount which the court finds to be...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 9-308
  Effect of judgment against defendant. After the defendant is served with process or appears in the action, the judgment shall have the same force...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 9-309
  Judgment by default. When publication of notice, as provided by law, but the defendant is not served with process and does not appear, judgment...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 9-310
  Judgment in favor of defendant - Counterclaim. If the judgment is in favor of the defendant, the defendant shall recover costs and judgment shall...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 9-311
  Bond for release of property. When any distress warrant is levied, the person whose property is distrained, may release the same by entering into...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 9-312
  Perishable property. If any property distrained is of a perishable nature and in danger of immediate waste or decay, and is not replevied or...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 9-313
  Limitation. The right of the landlord to distrain the personal goods of the tenant, shall continue for the period of 6 months after the...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 9-314
  Distress for products and labor. When the rent is payable wholly or in part in specific articles of property or products of the premises,...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 9-315
  Exemption. The same articles of personal property which are, by law, exempt from the enforcement of a judgment thereon, except the crops grown or...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 9-316
  Lien upon crops. Every landlord shall have a lien upon the crops grown or growing upon the demised premises for the rent thereof, whether...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 9-316.1
  Tenant's duty to disclose to landlord identity of vendee of crops. (a) Where, pursuant to Section 9-316, a landlord has required that, before the...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 9-317
  Landlord's right against sublessee. In all cases when the leased premises are sublet, or the lease is assigned, the landlord shall have the same...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 9-318
  Abandonment of premises. When a tenant abandons or removes from the premises or any part thereof, the landlord or his or her agent or...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 9-319
  Removal of fixture. Subject to the right of the landlord to distrain for rent, a tenant has the right to remove from the leased...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 9-320
  Notice by nonresident owner. (a) An owner of residential real property containing more than 4 living units, who does not reside or maintain an...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 9-321
  Distress before rent due. If any tenant shall, without the consent of his or her landlord, sell and remove, or permit to be removed,...

Last modified: February 18, 2015