If the chattel which is the subject of the replevin action is a mobile home and is occupied by the defendant or other persons, the court may issue an eviction order directing the sheriff to remove the personal property of the defendant or occupants from the mobile home if the defendants and unknown occupants are given notice of the plaintiff's intent to seek an eviction order and that upon entry of the order, the execution is stayed for a reasonable time as determined by the court so as to allow the defendants and unknown occupants to remove their property from the mobile home.
19-129.Mobile homes.
Article XIX. Replevin · Last amended 2018 · Last verified July 20, 2026
In one sentenceWhen the replevied property is an occupied mobile home, the court may order the sheriff to remove the occupants' personal property from it, so long as the defendant and unknown occupants get notice and a reasonable stay to move their belongings out first.
Full Text of 735 ILCS 5/19-129
Plain-English Summary
Section 19-129 addresses a scenario the rest of Article XIX does not otherwise contemplate: the chattel being replevied is a mobile home, and people are living in it. Because a mobile home functions as a residence, seizing the home as personal property alone would leave occupants and their belongings inside.
To handle that, the section lets the court issue an eviction order directing the sheriff to remove the personal property of the defendant or other occupants from the mobile home. That order can only follow after the defendants and unknown occupants receive notice of the plaintiff's intent to seek it.
Even after the order is entered, the statute builds in a buffer: execution is stayed for a reasonable time, as the court determines, so the defendants and unknown occupants can remove their own belongings from the mobile home before the sheriff acts. This balances the plaintiff's right to recover the mobile home itself against the practical reality that people may be living inside it.
Frequently Asked Questions
Does replevin apply to mobile homes in Illinois?
Yes. Section 19-129 specifically addresses replevin actions where the chattel sought is a mobile home.
What happens if people are living in the mobile home being replevied?
The court may issue an eviction order directing the sheriff to remove the personal property of the defendant or other occupants from the mobile home.
Do the occupants get any notice before an eviction order is entered?
Yes. The defendants and unknown occupants must be given notice of the plaintiff's intent to seek an eviction order before it is entered.
Do occupants get time to remove their belongings after the order is entered?
Yes. Execution of the order is stayed for a reasonable time, as determined by the court, to allow the defendants and unknown occupants to remove their property from the mobile home.
When did this mobile home provision take effect?
The section's history cites P.A. 100-173, effective January 1, 2018.
Amendment History
(Source: P.A. 100-173, eff. 1-1-18.)
Source & verification. Section text and amendment history are
reproduced verbatim from the Illinois Compiled Statutes, published by the
Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026.
· Official source
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