If the plaintiff voluntarily dismisses the action, or fails to prove the plaintiff's right to the possession, judgment for costs shall be entered in favor of the defendant.
9-114.Judgment against plaintiff.
Article IX. Eviction · Part 1. In General · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceSection 9-114 awards the defendant a judgment for costs if the plaintiff voluntarily dismisses the eviction case or fails to prove a right to possession.
Full Text of 735 ILCS 5/9-114
Plain-English Summary
Two triggers lead to the same place: the plaintiff voluntarily dismisses the case, or the case goes to trial and the plaintiff fails to prove entitlement to possession.
Either way, judgment for costs is entered in the defendant's favor -- a plain consequence for bringing or maintaining an eviction case that doesn't succeed.
Frequently Asked Questions
What happens if a landlord drops an eviction case before trial?
The defendant gets a judgment for costs.
What if the case goes to trial but the landlord can't prove the right to possession?
Same result -- judgment for costs in the defendant's favor.
Does this section award the defendant damages, or just costs?
Just costs, based on the text.
Is there a difference between voluntary dismissal and losing at trial under this section?
No, both trigger the same result -- judgment for costs against the plaintiff.
How does this section relate to Section 9-115?
Section 9-115 addresses dismissal as to some defendants while proceeding against others; this section covers judgment against the plaintiff 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: landlord loses eviction case illinoiseviction case dismissed costs illinoistenant wins eviction case illinois