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9-109.7.Stay of enforcement; drug related action.

Article IX. Eviction · Part 1. In General · Last amended 2018 · Last verified July 20, 2026

In one sentenceSection 9-109.7 caps at 7 days any court-ordered stay of an eviction order issued after a lessor voids a lease under the Controlled Substance and Cannabis Nuisance Act, and requires the sheriff to execute the order within that same window.

Full Text of 735 ILCS 5/9-109.7

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An eviction order entered in an action brought by a lessor or lessor's assignee, if the action was brought as a result of a lessor or lessor's assignee declaring a lease void pursuant to Section 11 of the Controlled Substance and Cannabis Nuisance Act, may not be stayed for any period in excess of 7 days by the court. Thereafter the plaintiff shall be entitled to re-enter the premises immediately. The sheriff or other lawfully deputized officers shall execute an order entered pursuant to this Section within 7 days of its entry, or within 7 days of the expiration of a stay of judgment, if one is entered.

Plain-English Summary

The section applies narrowly, to eviction orders entered in an action a lessor or the lessor's assignee brought after declaring a lease void under Section 11 of the Controlled Substance and Cannabis Nuisance Act.

For that kind of order, a court can't stay enforcement for more than 7 days. Once that period ends, the plaintiff is entitled to re-enter the premises immediately, and the sheriff or other lawfully deputized officers must execute the order within 7 days of its entry, or within 7 days of the expiration of a stay, if one was entered.

Frequently Asked Questions

How long can a court delay enforcement of an eviction order based on a drug-related lease voidance?

No more than 7 days.

What law does this section connect to?

Section 11 of the Controlled Substance and Cannabis Nuisance Act, which lets a lessor or assignee declare a lease void.

How quickly must the sheriff carry out this kind of eviction order?

Within 7 days of its entry, or within 7 days of the expiration of any stay.

Can the tenant get more time to move out under this section?

No, the section limits the stay to 7 days at most.

Does this section apply to ordinary nonpayment or lease-violation evictions?

No, only to evictions where the lessor or assignee voided the lease under the Controlled Substance and Cannabis Nuisance Act.

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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