Illinois Eviction Court Process: The Complaint, the Hearing and the Eviction Order
An Illinois eviction case starts with a complaint in the circuit court and a summons with a hearing date the court sets. Here is how the hearing, a default, a stay and the 120-day order work.
Where is an Illinois eviction case filed?
In the circuit court of the county where the premises are situated. The landlord’s complaint must state a right to possession of the premises, describe the premises and allege that the defendant unlawfully withholds possession (735 ILCS 5/9-106; Article IX). The Illinois eviction timeline calculator finds the earliest filing day.
How is the tenant told about the case?
By a summons served with the complaint, which gives a hearing date the court sets. The statutes we read do not fix the number of days, and the court’s local rules decide the calendar. Read the summons for the date and appear, or the court may enter an eviction order by default.
What happens at the hearing?
Both sides can present evidence. The tenant can show payment, a defective notice, a defense under a retaliation law or other defenses. The landlord must show it served the right notice and is entitled to possession. If the court finds for the landlord it enters an eviction order; otherwise the case is dismissed.
Can the tenant get a stay?
The court may stay enforcement of an eviction order. In a drug-related action under the Controlled Substance and Cannabis Nuisance Act the stay may not exceed 7 days and the sheriff must act within 7 days of the order or of the end of a stay (9-109.7). Ask legal aid or a licensed attorney immediately.
How long is the order good for?
No more than 120 days after it is entered, unless the court extends the period on the plaintiff’s motion; the tenant gets notice of that motion and may show that the landlord and tenant made a new agreement, that the original reason was resolved or forgiven, or another legal or equitable reason (9-117).
What should each side bring?
A tenant should bring the lease, the notice, rent receipts or bank records, photographs and any messages with the landlord. A landlord should bring the lease, the notice with proof of service and a rent ledger. Check the local court’s rules; Chicago and Cook County have their own.
How a tenant protects their position
Do not ignore the summons: a tenant who does not appear risks a default order. Note the date you were served, bring the lease, the notice, rent receipts and photographs, and call legal aid or a licensed Illinois attorney the same week.
What each side should check
Check the notice for the right period and wording, the proof of service and the rent ledger. The Illinois eviction timeline calculator helps both sides check that the dates add up.
What the landlord must prove
The landlord must show it has the right to possession and that it served the notice the law requires in the right way. For nonpayment it must also show the amount demanded and that it was not paid. A defective notice is the most common ground for a tenant to win, which is why a landlord should keep proof of how and when it served each paper.
How a tenant protects their position
Do not ignore the summons. Note the date you were served, bring the lease, the notice, rent receipts and photographs, ask the clerk about mediation or rental assistance programs, and call legal aid or a licensed attorney the same week.
Where to get help
The circuit clerk can explain the forms and the filing fee, and legal aid or a licensed Illinois attorney can help prepare. Bring the lease, the notice and the summons.
Frequently asked questions
Where are Illinois eviction cases heard?
In the circuit court of the county where the property is.
What if the tenant does not appear?
The court may enter an eviction order by default.
Can a court stay an eviction?
Yes. It may stay enforcement.
How long can a landlord wait to enforce an order?
120 days, unless the court extends it.
Do local courts have different rules?
Yes. Chicago and Cook County have their own procedures.
Official sources
A local landlord-tenant attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Illinois statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Illinois attorney.