The plaintiff recovering judgment in ejectment in any of the cases in which such action may be maintained, shall also be entitled to recover damages against the defendant for the rents and profits of the premises recovered.
6-130.Recovery of rents and profits.
Article VI. Ejectment · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceEntitles a plaintiff who recovers judgment in ejectment to also recover damages against the defendant for the rents and profits of the premises the plaintiff recovered.
Full Text of 735 ILCS 5/6-130
Plain-English Summary
Winning possession under an ejectment judgment does not, by itself, compensate the plaintiff for the time the defendant held the property. This section fills that gap. A plaintiff recovering judgment in ejectment, in any case where the action may be maintained, is also entitled to recover damages against the defendant for the rents and profits of the recovered premises.
This entitlement stands separate from the recovery of possession itself, described in 6-129. Recovering the property and recovering compensation for its rents and profits during the period of wrongful withholding are two distinct components of the plaintiff's overall relief.
The mechanics of pursuing this particular recovery run through the later sections of Article VI: 6-133 allows the plaintiff to seek those mesne profits by petition in the same action rather than a separate suit, and 6-138 sets out the specific proof and offsets, including improvements, that apply once such a petition is filed.
Frequently Asked Questions
What additional recovery does this section allow beyond possession?
Damages against the defendant for the rents and profits of the premises the plaintiff recovered.
Does every ejectment plaintiff automatically receive rents and profits without more?
The section entitles a prevailing plaintiff to recover them, but 6-133 explains that this recovery is pursued through a petition procedure rather than being calculated automatically as part of the judgment.
What is another name for rents and profits recovered after an ejectment judgment?
Later sections in Article VI, including 6-133 and 6-137, refer to this recovery as "mesne profits."
Are there limits on what a defendant must pay for rents and profits?
6-138 and 6-140 set out specific proof requirements, offsets for improvements, and circumstances under which mesne profits are not recoverable at all.
Does this section apply only to certain kinds of ejectment cases?
No. It applies "in any of the cases in which such action may be maintained," so it covers ejectment recoveries generally.
Amendment History
(Source: P.A. 82-280.)
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
Also known as: recovering rents and profits ejectment illinoismesne profits ejectment illinoisdamages after ejectment judgmentrents and profits of recovered premises