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9-204.Rent in arrears - Re-entry.

Article IX. Eviction · Part 2. Recovery of Rent; · Not amended since adoption on record · Last verified July 20, 2026

In one sentenceWhen a tenant owes at least half a year's rent and the lease lets the landlord retake the property for nonpayment, the landlord may file an ejectment action without a separate demand or re-entry, though the tenant can still stop the case by paying the arrears and costs before judgment.

Full Text of 735 ILCS 5/9-204

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In all cases between landlord and tenant, where one-half year's rent is in arrears and unpaid, and the landlord or lessor to whom such rent is due has the right by law to re-enter for non-payment thereof, such landlord or lessor may, without any formal demand or re-entry, commence an action of ejectment for the recovery of the demised premises. In case judgment is entered in favor of the plaintiff in the action of ejectment before the rent in arrearage and costs of the action are paid, then the lease of the lands shall cease and be determined, unless the lessee shall by appeal reverse the judgment, or by petition filed within 6 months after the entry of such judgment, obtain relief from the same. However, any tenant may, at any time before final judgment on the ejectment, pay or tender to the landlord or lessor of the premises the amount of rent in arrears and costs of the action, whereupon the action of ejectment shall be dismissed.

Plain-English Summary

Section 9-204 removes a step that would otherwise stand between a landlord and an ejectment action. Ordinarily, retaking possession for nonpayment might call for a formal demand and a formal re-entry. This section waives both once rent is at least half a year in arrears and the lease gives the landlord a right to re-enter for nonpayment.

Once judgment is entered for the landlord in the ejectment action, and the arrears and costs remain unpaid, the lease is treated as ended -- unless the tenant reverses the judgment on appeal, or files a petition for relief within six months after judgment.

The section also gives the tenant a way out short of that: at any time before final judgment, the tenant may pay or tender the arrears and costs, and the ejectment action is dismissed. That chance to cure runs right up to judgment, distinct from the narrower relief available afterward through appeal or petition.

Frequently Asked Questions

How much unpaid rent triggers this section?

At least half a year's rent in arrears.

Does the landlord have to make a formal demand before filing suit?

No. This section dispenses with a formal demand or re-entry once the arrears threshold is met and the lease gives a re-entry right for nonpayment.

What happens to the lease once judgment is entered for the landlord?

It is treated as ended, unless the tenant reverses the judgment on appeal or obtains relief by petition filed within six months.

Can the tenant still save the tenancy after the suit is filed?

Yes. The tenant may pay or tender the arrears and costs any time before final judgment, and the ejectment action is dismissed.

Is this the same procedure used in an ordinary eviction case?

No. It is an ejectment action tied to a lease provision granting re-entry for nonpayment, a separate track from a suit for rent alone under Section 9-201.

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: ejectment for unpaid rent illinoishalf year rent arrears illinoislandlord re-entry nonpaymentstop eviction by paying back rent illinoistenant redemption right unpaid rent