If any tenant gives notice of his or her intention to quit the premises which are held by him or her, at a time mentioned in such notice, at which time the tenant would have a right to quit by the lease, and does not accordingly deliver up possession thereof, such tenant shall pay to the landlord or lessor double the rent or sum which would otherwise be due, to be collected in the same manner as the rent otherwise due should have been collected.
9-203.Holding over after notice.
Article IX. Eviction · Part 2. Recovery of Rent; · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceIf a tenant gives notice of an intent to move out on a date the lease allows, then fails to vacate on that date, the tenant owes double the rent that would otherwise be due, collected the same way ordinary rent is collected.
Full Text of 735 ILCS 5/9-203
Plain-English Summary
Section 9-203 covers a narrower situation than the willful-holdover rule in the section just before it. Here the tenant sets the trap alone: the tenant gives notice of an intent to quit at a date the lease itself allows, and then fails to deliver up possession on that date.
The consequence is the same double-rent penalty in substance, though it flows from the tenant's own notice rather than a demand from the landlord. The tenant owes double the rent or sum that would otherwise have been due, and it is collected in the same manner ordinary rent would have been collected.
The statute does not add a writing requirement to the tenant's notice, unlike the landlord's demand in the neighboring holdover section. The rule fits a practical concern: a landlord who relies on a tenant's stated move-out date, perhaps by lining up a new tenant, is left worse off if the first tenant changes plans and stays.
Frequently Asked Questions
What triggers the double-rent penalty under Section 9-203?
A tenant's own notice of intent to quit on a date the lease allows, followed by a failure to give up possession on that date.
How is this different from the willful-holdover penalty in Section 9-202?
Section 9-203 needs no demand from the landlord; the tenant's own notice, and then failing to honor it, is what triggers the penalty.
How is the double rent collected?
In the same manner the rent would otherwise have been collected.
Does the tenant's notice have to be in writing?
The statute does not say so -- it requires only that the tenant give notice of an intent to quit at a time the lease allows.
What date must the tenant's notice point to?
A time when the tenant would have had the right to quit under the terms of the lease.
Amendment History
(Source: P.A. 82-783.)
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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