9-107.10.Military personnel in military service; eviction action.

Article IX. Eviction · Part 1. In General · Last amended 2018 · Last verified July 20, 2026

In one sentenceSection 9-107.10 gives service members, and family who live with them, called to duty for more than 29 consecutive days a mandatory 90-day stay of a residential eviction, or an adjustment of the rental obligation, when military service materially affects the ability to pay rent.

Full Text of 735 ILCS 5/9-107.10

Text sizeJump to: (a) (b) (c) (d) (e)

(a) In this Section: "Military service" means any full-time training or duty, no matter how described under federal or State law, for which a service member is ordered to report by the President, Governor of a state, commonwealth, or territory of the United States, or other appropriate military authority.

"Service member" means a resident of Illinois who is a member of any component of the U.S. Armed Forces or the National Guard of any state, the District of Columbia, a commonwealth, or a territory of the United States.

(b) In a residential eviction action, including eviction of a tenant who is a resident of a mobile home park, who is a service member that has entered military service, or of any member of the tenant's family who resides with the tenant, if the tenant entered into the rental agreement on or after the effective date of this amendatory Act of the 94th General Assembly, the court may, on its own motion, and shall, upon motion made by or on behalf of the tenant, do either of the following if the tenant's ability to pay the agreed rent is materially affected by the tenant's military service:

(1) Stay the proceedings for a period of 90 days, unless, in the opinion of the court, justice and equity require a longer or shorter period of time.

(2) Adjust the obligation under the rental agreement to preserve the interest of all parties to it.

(c) In order to be eligible for the benefits granted to service members under this Section, a service member or a member of the service member's family who resides with the service member must provide the landlord or mobile home park operator with a copy of the orders calling the service member to military service in excess of 29 consecutive days and of any orders further extending the period of service.

(d) If a stay is granted under this Section, the court may grant the landlord or mobile home park operator such relief as equity may require.

(e) A violation of this Section constitutes a civil rights violation under the Illinois Human Rights Act. All proceeds from the collection of any civil penalty imposed pursuant to the Illinois Human Rights Act under this subsection shall be deposited into the Illinois Military Family Relief Fund.

End

Plain-English Summary

The protection covers residential evictions, including mobile home park tenants, where the tenant is an Illinois-resident service member, or a family member residing with one, whose rental agreement was entered on or after the amendatory Act's effective date, and whose ability to pay the agreed rent is materially affected by military service.

The court can act on its own, and must act on a motion by or for the tenant, to either stay the proceedings for 90 days -- longer or shorter if justice and equity require it -- or adjust the rental obligation to preserve the parties' interests. To qualify, the landlord or mobile-home operator has to receive a copy of the orders calling the service member to duty for more than 29 consecutive days, plus any orders extending that service.

The landlord isn't left without options: if a stay is granted, the court can still grant the landlord whatever relief equity requires. And violating this section counts as a civil rights violation under the Illinois Human Rights Act, with penalty proceeds going to the Illinois Military Family Relief Fund.

Frequently Asked Questions

Can a landlord evict a service member's family while the service member is deployed?

Not without this section's protections kicking in, if the family member resides with the service member and the service member's military service materially affects the ability to pay rent.

How long is the automatic stay under this section?

90 days, unless justice and equity require a longer or shorter period.

What has to be shown to get this protection?

That the tenant's ability to pay the agreed rent is materially affected by military service, and proof of orders calling the service member to duty for more than 29 consecutive days, plus any extension orders.

Does the court have to grant a stay, or is it discretionary?

It's mandatory once the tenant, or someone on the tenant's behalf, moves for it and the material-effect showing is made; the court can also raise it on its own.

Is a landlord left with no options if a stay is granted?

No, the court may still grant the landlord whatever relief equity requires.

Amendment History

(Source: P.A. 100-173, eff. 1-1-18.)

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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