Bill Text: IL HB5813 | 2025-2026 | 104th General Assembly | Introduced

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Bill Title: Amends the Eviction Article of the Code of Civil Procedure. Provides that if a tenant fails to pay rent within the time stated in the notice and demand for payment of rent and the landlord commences an eviction or ejectment action, the summons and complaint for the eviction or ejectment action shall be served on the tenant within 5 business days after the landlord commences the action. Requires the tenant to file an appearance within 5 business days of receiving the summons and complaint for the eviction or ejectment action. Requires the court to hold the hearing on the eviction or ejectment action within 10 business days of the tenant filing an appearance, or, if the tenant fails to file an appearance, within 10 business days of the date on which the tenant was required to file an appearance. Provides that, if a judgment is entered in favor of the landlord, the judgment shall be served on the tenant within 5 business days of the entry of the judgment. Provides that possession of the premises shall be restored to the landlord immediately following the service of the judgment.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2026-09-14 - Filed with the Clerk by Rep. Tony M. McCombie [HB5813 Detail]

Download: Illinois-2025-HB5813-Introduced.html

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104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026HB5813 Introduced , by Rep. Tony M. McCombie SYNOPSIS AS INTRODUCED:
735 ILCS 5/9-209 from Ch. 110, par. 9-209
Amends the Eviction Article of the Code of Civil Procedure. Provides that if a tenant fails to pay rent within the time stated in the notice and demand for payment of rent and the landlord commences an eviction or ejectment action, the summons and complaint for the eviction or ejectment action shall be served on the tenant within 5 business days after the landlord commences the action. Requires the tenant to file an appearance within 5 business days of receiving the summons and complaint for the eviction or ejectment action. Requires the court to hold the hearing on the eviction or ejectment action within 10 business days of the tenant filing an appearance, or, if the tenant fails to file an appearance, within 10 business days of the date on which the tenant was required to file an appearance. Provides that, if a judgment is entered in favor of the landlord, the judgment shall be served on the tenant within 5 business days of the entry of the judgment. Provides that possession of the premises shall be restored to the landlord immediately following the service of the judgment.
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A BILL FOR
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AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Code of Civil Procedure is amended by
changing Section 9-209 as follows:
(735 ILCS 5/9-209) (from Ch. 110, par. 9-209)
Sec. 9-209. Demand for rent - eviction action.
(a) A landlord or his or her agent may, any time after rent
is due, demand payment thereof and notify the tenant, in
writing, that unless payment is made within a time mentioned
in such notice, not less than 5 days after service thereof, the
lease will be terminated and an eviction or ejectment action
shall be commenced. If the tenant does not pay the rent due
within the time stated in the notice under this Section, the
landlord may consider the lease ended and commence an eviction
or ejectment action without further notice or demand. A claim
for rent may be joined in the complaint, including a request
for the pro rata amount of rent due for any period that a
judgment is stayed, and a judgment obtained for the amount of
rent found due, in any action or proceeding brought, in an
eviction action under this Section.
Notice made pursuant to this Section shall, as hereinafter
stated, not be invalidated by payments of past due rent

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demanded in the notice, when the payments do not, at the end of
the notice period, total the amount demanded in the notice.
The landlord may, however, agree in writing to continue the
lease in exchange for receiving partial payment. To prevent
invalidation, the notice must prominently state:
"Only FULL PAYMENT of the rent demanded in this notice
will waive the landlord's right to terminate the lease under
this notice, unless the landlord agrees in writing to continue
the lease in exchange for receiving partial payment."
Collection by the landlord of past rent due after the
filing of a suit for eviction or ejectment pursuant to failure
of the tenant to pay the rent demanded in the notice shall not
invalidate the suit.
(b) If the tenant fails to pay rent within the time stated
in the notice under subsection (a) and the landlord commences
an eviction or ejectment action, the summons and complaint for
the action shall be served on the tenant within 5 business days
after the landlord commences the action. The tenant must file
an appearance within 5 business days of receiving the summons
and complaint. The court shall hold the hearing on the
eviction or ejectment action within 10 business days of the
tenant filing an appearance, or, if the tenant fails to file an
appearance, within 10 business days of the date on which the
tenant was required to file an appearance. If a judgment is
entered in favor of the landlord, the judgment shall be served
on the tenant within 5 business days of the entry of the

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judgment. Possession of the premises shall be restored to the
landlord immediately following the service of the judgment.
(Source: P.A. 100-173, eff. 1-1-18.)