After a trial, if the court finds, by a preponderance of the evidence, that the allegations in the complaint have been proven, the court shall enter an eviction order in favor of the plaintiff.
9-109.5.Standard of proof.
Article IX. Eviction · Part 1. In General · Last amended 2018 · Last verified July 20, 2026
In one sentenceSection 9-109.5 sets the preponderance-of-the-evidence standard a plaintiff must meet at trial, and makes entry of an eviction order mandatory once the court finds the complaint's allegations proven under that standard.
Full Text of 735 ILCS 5/9-109.5
Plain-English Summary
The standard is the ordinary civil one: after trial, the court decides whether the allegations in the complaint have been proven by a preponderance of the evidence -- whether they're more likely true than not.
Once that standard is met, the result isn't discretionary. The court "shall" enter an eviction order in favor of the plaintiff.
Frequently Asked Questions
What burden of proof does a landlord have to meet to win an eviction case in Illinois?
Preponderance of the evidence -- proving the allegations in the complaint are more likely true than not.
Is this a higher standard than in an ordinary civil case?
No, preponderance of the evidence is the standard civil standard, not a heightened one.
Does the court have discretion to deny an eviction order once the plaintiff meets this burden?
No, the statute says the court shall enter the order once the allegations are proven by a preponderance.
Does this standard of proof apply to eviction actions generally?
Yes, the text states that it applies after trial to actions under this Article.
What comes after the court finds this standard met?
The court enters an eviction order in favor of the plaintiff -- the trigger for the later provisions on the order's form, stay, and enforcement.
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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