If the plaintiff appeals, then, during and notwithstanding the pendency of such appeal, the plaintiff is entitled to enforce, or accept from the defendant or from any person claiming under him or her, performance of all obligations imposed upon such defendant by the terms of any lease, contract, covenant or agreement under which the defendant claims the right to possession, or by law, as if such appeal has not been taken, without thereby affecting the appeal or the judgment appealed from, and without thereby creating or reinstating any tenancy or other relationship of the parties. However, if the result of the prosecution of such appeal and entry of final judgment is that the defendant was obligated to the plaintiff during the pendency thereof in a different form, manner or amount than that in which any payment or payments made under the provision of this Section was or were enforced or accepted, or in a different form, manner or amount than that adjudged in any judgment entered by any court in any other proceedings instituted by virtue of the provisions of this Section during the pendency of the appeal, such payment or payments shall be deemed to have been made to apply in the form, manner and amount resulting or arising from the prosecution of such appeal, on account of the defendant's obligation.
9-116.Pending appeal.
Article IX. Eviction · Part 1. In General · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceSection 9-116 lets a plaintiff who appeals an eviction judgment keep collecting or accepting the defendant's ongoing lease obligations during the appeal without reviving a tenancy, and true-up any mismatch once the appeal is decided.
Full Text of 735 ILCS 5/9-116
Plain-English Summary
While an appeal is pending, the plaintiff can enforce, or accept from the defendant or anyone claiming under the defendant, performance of the obligations the lease, contract, covenant, or agreement -- or the law -- imposed, exactly as if no appeal had been taken. Doing so doesn't affect the appeal or the judgment appealed from, and doesn't create or reinstate any tenancy or other relationship between the parties.
If the final judgment on appeal shows the defendant owed a different form, manner, or amount than what was collected or accepted during the appeal, or than what some other proceeding during the appeal adjudged, those payments are deemed to apply to the defendant's obligation as it ultimately turns out to be.
Frequently Asked Questions
Can a landlord keep collecting payments from a former tenant while appealing an eviction judgment?
Yes, the plaintiff can enforce or accept performance of the defendant's lease or contract obligations during the appeal, as if no appeal had been filed.
Does accepting those payments during the appeal create a new tenancy?
No, the section states that doing so doesn't create or reinstate any tenancy or other relationship between the parties.
What if it turns out, after the appeal, that the defendant owed a different amount than what was collected?
Those payments are deemed to apply to the defendant's obligation in the correct form, manner, and amount as it turns out to be.
Does collecting payments during the appeal affect the appeal itself?
No, the section states this doesn't affect the appeal or the judgment appealed from.
Does this section apply only to the plaintiff, or to the defendant too?
It's framed around the plaintiff's ability to enforce or accept performance from the defendant, or from someone claiming under the defendant.
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: eviction judgment appeal illinoiscollecting rent during eviction appeal illinoiseviction appeal pending obligations illinois