Nothing herein contained shall be construed so as to prevent any court from entering an order to stay waste, and ordering a party to give bond and security in such manner as the court may deem appropriate.
6-149.Stay of waste - Security.
Article VI. Ejectment · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceConfirms that nothing in Article VI stops a court from ordering a party to stay waste on the premises and from requiring that party to give bond and security on terms the court considers appropriate.
Full Text of 735 ILCS 5/6-149
Plain-English Summary
Ejectment litigation can leave disputed property vulnerable to damage while the case is pending, and this section confirms the court's power to prevent that. Nothing in Article VI is to be construed to prevent a court from entering an order staying waste, meaning conduct that damages or diminishes the value of the property, while the case is ongoing.
Alongside that authority to stay waste, the section confirms the court's power to order a party to give bond and security, in whatever manner the court considers appropriate. The provision is written as a savings clause: it does not itself create a new cause of action, but it makes clear that Article VI's detailed ejectment procedures do not displace a court's ordinary authority to protect the property at stake while title and possession are being litigated.
Frequently Asked Questions
What does this section confirm about a court's authority?
That nothing in Article VI prevents a court from ordering a stay of waste and from requiring a party to give bond and security.
What is "waste" in this context?
The section does not define the term itself, but it refers to conduct on the premises that a court may order stayed while the ejectment case is pending.
Who decides the terms of any bond and security ordered under this section?
The court, in such manner as the court may deem appropriate.
Does this section create a new right to sue over waste?
No. It is written to prevent Article VI from being read to block a court's existing authority to stay waste and order security, not to create a new claim.
Why would a court need this power during an ejectment case?
The section does not explain its purpose, but the authority protects disputed property from damage while the parties litigate title and possession.
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
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