If any tenant or any person who is in or comes into possession of any lands, tenements or hereditaments, by, from or under, or by collusion with the tenant, wilfully holds over any lands, tenements or hereditaments, after the expiration of his or her term or terms, and after demand made in writing, for the possession thereof, by his or her landlord, or the person to whom the remainder or reversion of such lands, tenements or hereditaments belongs, the person so holding over, shall, for the time the landlord or rightful owner is so kept out of possession, pay to the person so kept out of possession, or his or her legal representatives, at the rate of double the yearly value of the lands, tenements or hereditaments so detained to be recovered by a civil action.
9-202.Wilfully holding over.
Article IX. Eviction · Part 2. Recovery of Rent; · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceA tenant, or anyone holding under or in collusion with the tenant, who willfully stays past the lease term after a written demand for possession owes double the property's yearly value for the time the rightful owner is kept out.
Full Text of 735 ILCS 5/9-202
Plain-English Summary
Section 9-202 penalizes a specific kind of bad behavior: staying on the property on purpose after the lease has run and after the landlord has made a written demand for possession. The person who does this -- whether the named tenant or someone who took possession by, from, under, or in collusion with the tenant -- owes double the yearly value of the property for as long as the rightful owner is kept out.
Two things have to happen before the double-value liability attaches: the lease term has to expire, and the landlord or the person entitled to the reversion has to make a written demand for possession. Staying past the lease date alone is not enough; the statute targets willful holding over after that demand.
The reach of the section extends past the named tenant to anyone claiming through that tenant, closing off an easy way to dodge the penalty by handing possession to a relative, subtenant, or associate. The double-value amount is collected through its own civil action, separate from any proceeding to regain possession of the property.
Frequently Asked Questions
What counts as willfully holding over under Section 9-202?
Staying in possession after the lease term has expired and after the landlord makes a written demand for the property back.
How much can the landlord recover?
Double the yearly value of the property, for the time the landlord or rightful owner is kept out of possession.
Does the double-value penalty reach only the named tenant?
No. It also covers anyone in possession by, from, or under the tenant, or acting in collusion with the tenant.
Is a written demand required before this penalty applies?
Yes. The landlord must make a written demand for possession before the double-value liability attaches.
Does this section itself evict the holdover tenant?
No. It creates a money remedy, recovered through a separate civil action, rather than a process for regaining the property.
Amendment History
(Source: P.A. 83-707.)
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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