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9-102.When action may be maintained.

Article IX. Eviction · Part 1. In General · Last amended 2026 · Last verified July 20, 2026

In one sentenceSection 9-102 lists the eight circumstances where someone entitled to possession can bring an eviction action -- from forcible entry and holdover tenants to delinquent condo assessments -- and defines the newer, non-condominium categories.

Full Text of 735 ILCS 5/9-102

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(a) The person entitled to the possession of lands or tenements may be restored thereto under any of the following circumstances:
(1) When a forcible entry is made thereon. (2) When a peaceable entry is made and the possession unlawfully withheld. (3) When entry is made into vacant or unoccupied lands or tenements without right or title. (4) When any lessee of the lands or tenements, or any person holding under such lessee, holds possession without right after the termination of the lease or tenancy by its own limitation, condition or terms, or by notice to quit or otherwise. (5) When a vendee having obtained possession under a written or verbal agreement to purchase lands or tenements, and having failed to comply with the agreement, withholds possession thereof, after demand in writing by the person entitled to such possession; however, any agreement for residential real estate entered into on or after July 1, 1987 that is an installment sales contract, as defined in the Installment Sales Contract Act, and the amount unpaid under the terms of the contract at the time of the filing of the foreclosure complaint, including principal and due and unpaid interest, at the rate prior to default, is less than 80% of the original purchase price of the real estate as stated in the contract, as required under paragraph (2) of subsection (a) of Section 15-1106 of the Illinois Mortgage Foreclosure Law, is subject to foreclosure. This amendatory Act of 1993 is declarative of existing law. (6) When lands or tenements have been conveyed by any grantor in possession, or sold under the order or judgment of any court in this State, or by virtue of any sale in any mortgage or deed of trust contained and the grantor in possession or party to such order or judgment or to such mortgage or deed of trust, after the expiration of the time of redemption, when redemption is allowed by law, refuses or neglects to surrender possession thereof, after demand in writing by the person entitled thereto, or his or her agent. (7) When any property is subject to the provisions of the Condominium Property Act, the owner of a unit fails or refuses to pay when due his or her proportionate share of the common expenses of such property, or of any other expenses lawfully agreed upon or any unpaid fine, the Board of Managers or its agents have served the demand set forth in Section 9-104.1 of this Article in the manner provided for in that Section and the unit owner has failed to pay the amount claimed within the time prescribed in the demand; or if the lessor-owner of a unit fails to comply with the leasing requirements prescribed by subsection (n) of Section 18 of the Condominium Property Act or by the declaration, by-laws, and rules and regulations of the condominium, or if a lessee of an owner is in breach of any covenants, rules, regulations, or by-laws of the condominium, and the Board of Managers or its agents have served the demand set forth in Section 9-104.2 of this Article in the manner provided in that Section.
(8) When any property is subject to the provisions of a declaration establishing a common interest community and requiring the unit owner to pay regular or special assessments for the maintenance or repair of common areas owned in common by all of the owners of the common interest community or by the community association and maintained for the use of the unit owners or of any other expenses of the association lawfully agreed upon, and the unit owner fails or refuses to pay when due his or her proportionate share of such assessments or expenses and the board or its agents have served the demand set forth in Section 9-104.1 of this Article in the manner provided for in that Section and the unit owner has failed to pay the amount claimed within the time prescribed in the demand. (b) The provisions of paragraph (8) of subsection (a) of Section 9-102 and Section 9-104.3 of this Act shall not apply to any common interest community unless (1) the association is a not-for-profit corporation or a limited liability company, (2) unit owners are authorized to attend meetings of the board of directors or board of managers of the association in the same manner as provided for condominiums under the Condominium Property Act, and (3) the board of managers or board of directors of the common interest community association has, subsequent to the effective date of this amendatory Act of 1984 voted to have the provisions of this Article apply to such association and has delivered or mailed notice of such action to the unit owners or unless the declaration of the association is recorded after the effective date of this amendatory Act of 1985. (c) For purposes of this Article:
(1) "Common interest community" means real estate other than a condominium or cooperative with respect to which any person by virtue of his or her ownership of a partial interest or unit therein is obligated to pay for maintenance, improvement, insurance premiums, or real estate taxes of other real estate described in a declaration which is administered by an association.
(2) "Declaration" means any duly recorded instruments, however designated, that have created a common interest community and any duly recorded amendments to those instruments.
(3) "Unit" means a physical portion of the common interest community designated by separate ownership or occupancy by boundaries which are described in a declaration.
(4) "Unit owners' association" or "association" means the association of all owners of units in the common interest community acting pursuant to the declaration. (d) If the board of a common interest community elects to have the provisions of this Article apply to such association or the declaration of the association is recorded after the effective date of this amendatory Act of 1985, the provisions of subsections (c) through (h) of Section 18.5 of the Condominium Property Act applicable to a Master Association and condominium unit subject to such association under subsections (c) through (h) of Section 18.5 shall be applicable to the community associations and to its unit owners. (e) Nothing in this Article may be construed to prohibit law enforcement officials from enforcing the offense of criminal trespass under Section 21-3 of the Criminal Code of 1963 or any other violation of the Code or to interfere with the ability of law enforcement officials to remove persons or property from the premises when there is a criminal trespass.
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Plain-English Summary

The section opens with four familiar grounds: a forcible entry onto the premises; a peaceable entry followed by unlawfully withholding possession; entry onto vacant or unoccupied land without right or title; and a lessee, or anyone holding under a lessee, who stays without right after the lease or tenancy ends by its own terms, by notice to quit, or otherwise.

Two more grounds cover buyers. A vendee under a written or verbal purchase agreement who fails to comply and withholds possession after a written demand can be evicted -- except that certain installment sales contracts for residential real estate entered on or after July 1, 1987 must be foreclosed instead, if the unpaid balance is less than 80% of the original purchase price. And a grantor, or a party to a court order, mortgage, or deed of trust, who stays in possession after a sale or after the redemption period expires, and refuses to surrender possession after written demand, can likewise be evicted.

The last two grounds cover community living. A condominium unit owner who doesn't pay assessments, other lawfully agreed expenses, or a fine, after the board serves the demand described in Section 9-104.1 -- or a lessor-owner or lessee who violates the condominium's leasing rules, after the demand in Section 9-104.2 -- can be evicted. A parallel ground applies to common interest community associations, and subsection (c) defines the terms behind that category: common interest community, declaration, unit, and unit owners' association.

Subsection (b) limits when the common interest community ground applies, tying it to associations that are nonprofit corporations or LLCs, give unit owners the right to attend board meetings, and have either voted to opt into this Article or recorded their declaration after set effective dates. Subsection (e) makes clear none of this stops law enforcement from separately handling criminal trespass.

Frequently Asked Questions

What are the basic grounds for an eviction action in Illinois?

The eight circumstances listed in subsection (a): forcible entry, unlawfully withholding possession after a peaceable entry, entry onto vacant land without right, a holdover lessee, a defaulting purchaser, a holdover grantor or mortgagor, a delinquent condominium owner or leasing violation, and a delinquent common interest community owner.

Can a landlord evict a tenant for staying past the end of a lease?

Yes -- ground (4) covers a lessee, or anyone holding under the lessee, who holds possession without right after the lease or tenancy ends by its own terms, by notice to quit, or otherwise.

What happens if a buyer under a land contract stops paying?

Ground (5) allows eviction of a defaulting vendee after a written demand, but certain installment sales contracts entered on or after July 1, 1987 must go through foreclosure instead, if less than 80% of the original purchase price remains unpaid.

Can a condominium association evict an owner for unpaid assessments?

Yes, under ground (7), once the board has served the demand required by Section 9-104.1 and the owner hasn't paid the amount claimed within the time the demand allows.

Does this section stop police from removing a criminal trespasser?

No. Subsection (e) preserves law enforcement's ability to enforce criminal trespass separately from this Article's eviction process.

Amendment History

(Source: P.A. 104-29, eff. 1-1-26.)

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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