Evictions resumed in Illinois on October 3, 2021, when Governor Pritzker’s COVID-era residential moratorium expired and was rescinded. Since that date, landlords in every county have been able to file new eviction cases and enforce existing court orders through the normal judicial process, and the courts are operating on standard timelines. If you are a tenant or a landlord trying to figure out where things stand today, the short version is that the pause is over and ordinary Illinois eviction law applies.
How the Moratorium Ended
The original residential eviction moratorium came from Executive Order 2021-13, which was amended and extended several times through 2021. Executive Order 2021-23 re-issued and extended the moratorium provisions one final time through October 3, 2021, after which EO 2021-13 was formally rescinded.1Illinois.gov. Illinois Executive Order 2021-23 No statewide freeze on eviction filings or enforcement has been in place since.
There is no replacement moratorium. What exists in some counties are mediation or diversion programs that can add steps before a case reaches a judge, not legal barriers to filing. Cook County, for example, runs an Early Resolution Program that connects tenants with free legal help, mediation, and rental assistance referrals before an eviction case is heard.2Circuit Court of Cook County. General Administrative Order 2025-08 – Residential Eviction and Consumer Debt Early Resolution Program These programs can slow a case down but do not block it.
What the Eviction Process Looks Like Now
With the moratorium gone, Illinois evictions follow the same statutory path they did before the pandemic. A full case typically moves through four stages: notice, filing, hearing, and sheriff enforcement.
Step One: Written Notice
Before filing anything in court, the landlord has to serve a written notice that matches the reason for the eviction. The required notice period depends on the ground:
- Nonpayment of rent: at least 5 days to pay or vacate, under 735 ILCS 5/9-209.3Illinois General Assembly. 735 ILCS 5/9-209 – Demand for Rent – Eviction Action
- Lease violation other than nonpayment: at least 10 days to quit, with a notice that describes the specific default, under 735 ILCS 5/9-210.4Illinois General Assembly. 735 ILCS 5/9-210 – Demand for Possession – Breach of Lease Terms
- Ending a month-to-month tenancy: 30 days’ written notice under 735 ILCS 5/9-207.
- Ending a year-to-year tenancy: 60 days’ written notice before the end of the lease year, under 735 ILCS 5/9-205.5Justia Law. Illinois Compiled Statutes Chapter 735 Article IX – Eviction
The notice days are counted by excluding the day of service and counting forward. For notice periods of five days or fewer, weekends and holidays are skipped, so a 5-day nonpayment notice runs more than five calendar days. The Illinois Supreme Court publishes standardized notice forms that reduce the risk of a technical defect.6Office of the Illinois Courts. Approved Statewide Forms – Eviction A miscounted notice is one of the most common reasons cases get dismissed and have to restart.
Step Two: Filing the Complaint
Once the notice period runs without payment or cure, the landlord files a Complaint and Summons with the Circuit Court Clerk in the county where the property sits. Filing is electronic through the state’s e-filing system.7Illinois Courts. Eviction Summons Instructions Filing fees vary by county and by the amount of rent claimed. Parties who cannot afford the fee can submit an Application for Waiver of Court Fees.
The Summons then has to be delivered to the tenant, usually by the County Sheriff. A 2025 change to Illinois law also allows licensed private detectives and their employees to serve process in Cook County without a separate court appointment, which gives landlords there a faster alternative when the Sheriff’s office is backlogged.8Office of the Illinois Courts. Approved Statewide Forms – Summons If service fails, the landlord can request an Alias Summons for another attempt.
Step Three: The Court Hearing
The first court date is usually set within about two weeks of filing. If the tenant was properly served and does not appear, the judge can enter a default order of possession at that first hearing. If both sides show up, the landlord presents the notice, proof of service, and evidence; a contested case or a continuance can push resolution out by one or two additional dates.
When the landlord wins, the court signs an Order for Possession. That order expires if the landlord does not act on it within 120 days.5Justia Law. Illinois Compiled Statutes Chapter 735 Article IX – Eviction The judge may grant a brief stay before the order takes effect to give the tenant time to move. For evictions tied to drug activity or other illegal use of the property, the stay is capped at seven days by statute.
Step Four: Sheriff Enforcement
Only the sheriff can carry out the physical removal. The landlord takes the Order for Possession to the County Sheriff’s office and asks for enforcement. In Cook County, enforcement can occur as soon as 24 hours after the order is placed with the Sheriff’s Evictions Office, and cases are generally scheduled in the order they are filed.9Cook County Sheriff’s Office. Eviction Procedure – Tenant’s Guide Other counties can take longer, depending on caseload. Sheriff’s fees vary widely, from under $60 in some smaller counties to $100 or more per hour elsewhere. On the day of enforcement, deputies clear the property and the landlord can change the locks.
Chicago Rules That Still Apply
If the property is in Chicago, the Residential Landlord and Tenant Ordinance adds protections on top of state law. The most important one for nonpayment cases: a Chicago tenant has a one-time right to stop the eviction by paying all rent owed, plus court filing fees and service costs, at any point before the judge enters a possession order. The landlord cannot refuse this cure and must agree to dismiss the case.10American Legal Publishing. Municipal Code of Chicago 5-12-130 – Landlord Remedies
Chicago also requires longer notice before non-renewal or a rent increase, scaled to how long the tenant has been in the unit:
- Less than six months: 30 days’ written notice before the lease end date.
- Six months to three years: 60 days’ written notice.
- More than three years: 120 days’ written notice.
If the landlord misses the deadline, the tenant can stay up to 60 days after notice is finally given, even past the original lease end date. Outside Chicago, most Illinois municipalities follow state law alone, but it is worth checking whether a local ordinance applies.
Defenses a Tenant Can Still Raise
Resumption of evictions does not mean tenants are out of options. The defenses that existed before the pandemic still work.
Procedural defects. If the notice was served too few days before filing, listed the wrong amount of rent, or failed to describe the lease violation, the judge will dismiss the case. The landlord can refile, but each restart costs more time and money. Improper service of the summons is another basis for dismissal.
Retaliatory eviction. Under the Landlord Retaliation Act, a landlord cannot evict, threaten to evict, or raise rent in response to a tenant exercising a legal right, such as reporting a code violation. If the protected activity occurred within the year before the eviction was filed, the law presumes retaliation and the landlord has to prove a legitimate reason. A tenant who wins can recover up to two months’ rent or twice their actual damages, whichever is greater, plus reasonable attorney’s fees.11Illinois General Assembly. 765 ILCS 721 – Landlord Retaliation Act
Public housing and Section 8. Tenants in public housing cannot be evicted for nonpayment without at least 30 days’ written notice before the housing authority files in court. The notice cannot go out until the day after rent is due, and if the tenant pays in full within that 30-day window, the authority cannot proceed with filing.12eCFR. 24 CFR 966.4 – Lease Requirements These federal requirements run alongside the state notice obligations; the landlord has to satisfy both.
Active-duty servicemembers. Under 50 U.S.C. ยง 3951, a landlord cannot evict a covered servicemember or their dependents from a primary residence without a court order when the monthly rent falls below the federally adjusted cap (set at $2,400 in 2003 and increased each year since for housing-price inflation). If military service materially affects the servicemember’s ability to pay, the court can halt the eviction for 90 days or longer.13Office of the Law Revision Counsel. 50 USC 3951 – Evictions and Distress The protection buys time; it does not forgive rent.
What Happened to Pandemic-Era Eviction Records
One lasting effect of the moratorium period involves court records. Eviction cases filed between March 9, 2020, and March 31, 2022, were automatically sealed at filing. If the landlord won a judgment, the court could unseal the record, but only if the case was not based on nonpayment of rent during the pandemic period.
Going forward, Illinois law requires the court to seal an eviction record when the case was dismissed, when the tenant was evicted after a foreclosure sale, or when the eviction was filed under certain specific sections of the Code of Civil Procedure. A judge also has discretion to seal a file if the landlord’s claim had no real basis in fact or law and sealing serves the interests of justice. These sealing provisions took effect August 1, 2022.14Illinois General Assembly. 735 ILCS 5/9-121, 9-122 – Sealing of Court File A tenant whose case may qualify can file a motion to seal with the court that handled the original eviction.