9-120.Leased premises used in furtherance of a criminal offense; lease void at option of lessor or assignee.
Article IX. Eviction · Part 1. In General · Last amended 2018 · Last verified July 20, 2026
In one sentenceSection 9-120 lets a landlord void a lease at their option when a tenant or occupant uses the premises to commit a felony or Class A misdemeanor, and evict after giving 5 days' written notice to vacate, with an eviction order enforceable within 7 days.
(a)If any lessee or occupant, on one or more occasions,
uses or permits the use of leased premises for the commission of any act that would constitute a felony or a Class A misdemeanor under the laws of this State, the lease or rental agreement shall, at the option of the lessor or the lessor's assignee become void, and the owner or lessor shall be entitled to recover possession of the leased premises as against a tenant holding over after the expiration of his or her term. A written lease shall notify the lessee that if any lessee or occupant, on one or more occasions, uses or permits the use of the leased premises for the commission of a felony or Class A misdemeanor under the laws of this State, the lessor shall have the right to void the lease and recover the leased premises. Failure to include this language in a written lease or the use of an oral lease shall not waive or impair the rights of the lessor or lessor's assignee under this Section or the lease. This Section shall not be construed so as to diminish the rights of a lessor, if any, to terminate a lease for other reasons permitted under law or pursuant to the lease agreement.
(b)The owner or lessor may bring an eviction action, or, if the State's Attorney of the county in which the real property is located or the corporation counsel of the municipality in which the real property is located agrees, assign to that State's Attorney or corporation counsel the right to bring an eviction action on behalf of the owner or lessor, against the lessee and all occupants of the leased premises. The assignment must be in writing on a form prepared by the State's Attorney of the county in which the real property is located or the corporation counsel of the municipality in which the real property is located, as applicable. If the owner or lessor assigns the right to bring an eviction action, the assignment shall be limited to those rights and duties up to and including delivery of the order of eviction to the sheriff for execution. The owner or lessor shall remain liable for the cost of the eviction whether or not the right to bring the eviction action has been assigned.
(c)A person does not forfeit any part of his or her security deposit due solely to an eviction under the provisions of this Section, except that a security deposit may be used to pay fees charged by the sheriff for carrying out an eviction.
(d)If a lessor or the lessor's assignee voids a lease or contract under the provisions of this Section and the tenant or occupant has not vacated the premises within 5 days after receipt of a written notice to vacate the premises, the lessor or lessor's assignee may seek relief under this Article IX. Notwithstanding Sections 9-112, 9-113, and 9-114 of this Code, judgment for costs against a plaintiff seeking possession of the premises under this Section shall not be awarded to the defendant unless the action was brought by the plaintiff in bad faith. An action to possess premises under this Section shall not be deemed to be in bad faith when the plaintiff based his or her cause of action on information provided to him or her by a law enforcement agency, the State's Attorney, or the municipality.
(e)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 and the court shall order that the plaintiff shall be entitled to re-enter the premises immediately.
(f)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 this Section, may not be stayed for any period in excess of 7 days by the court unless all parties agree to a longer period. 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.
(g)Nothing in this Section shall limit the rights of an owner or lessor to bring an eviction action on the basis of other applicable law.
Plain-English Summary
If a lessee or occupant uses, or permits the use of, the leased premises, on one or more occasions, to commit an act that would be a felony or Class A misdemeanor under Illinois law, the lease becomes void at the lessor's or the lessor's assignee's option, entitling the owner to recover possession as against a tenant holding over. A written lease must notify the tenant of this right, though leaving that language out of a written lease, or using an oral lease, doesn't waive or impair it.
The owner or lessor can sue directly, or, with the State's Attorney's or corporation counsel's agreement, assign the right to bring the eviction action to that office on a prescribed written form. The assignment covers only duties up through delivering the eviction order to the sheriff, and the owner or lessor remains liable for the eviction's cost regardless.
A tenant doesn't forfeit the security deposit solely because of this kind of eviction, except that the deposit can cover the sheriff's eviction fees. If the tenant or occupant hasn't left within 5 days of a written notice to vacate after the lease is voided, the lessor or assignee can pursue relief under this Article, and, unlike the ordinary rule, the defendant doesn't get a costs judgment against the plaintiff unless the action was brought in bad faith -- which doesn't include an action based on information from law enforcement, the State's Attorney, or the municipality.
The preponderance standard applies, an eviction order lets the plaintiff re-enter immediately, and any stay is capped at 7 days unless all parties agree to more, with the sheriff required to execute within 7 days of entry or of the stay's expiration. None of this limits the owner's or lessor's right to evict on other grounds.
Frequently Asked Questions
Can a landlord void a lease if a tenant commits a crime on the property?
Yes, if the tenant or an occupant uses or permits use of the premises, on one or more occasions, to commit an act that would be a felony or Class A misdemeanor, the lease becomes void at the lessor's or lessor's assignee's option.
Does a landlord lose this right if the lease doesn't mention it, or if there's no written lease?
No -- failing to include the required notice language in a written lease, or having only an oral lease, doesn't waive or impair the lessor's rights under this section.
How much notice to vacate does a tenant get after the lease is voided?
5 days after receiving written notice to vacate, before the lessor or assignee can pursue eviction relief.
Can a landlord be forced to pay the tenant's costs if this kind of eviction case is unsuccessful?
Only if the action was brought in bad faith; bringing the case based on information from law enforcement, the State's Attorney, or the municipality doesn't count as bad faith.
Can the landlord assign this eviction case to the State's Attorney or corporation counsel?
Yes, with that office's agreement and a written assignment on the prescribed form, though the owner or lessor remains liable for the eviction's cost.
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
Also known as:illinois lease void criminal activitylandlord evict tenant for crime illinois5 day notice to vacate criminal activity illinoisfelony lease termination illinois