9-110.Judgment for whole premises - Stay of enforcement.

Article IX. Eviction · Part 1. In General · Not amended since adoption on record · Last verified July 20, 2026

In one sentenceSection 9-110 lets a court stay enforcement of a land-contract eviction for up to 60 days at its discretion, or requires a 180-day stay if less than 75% of the purchase price has been paid -- during which paying what's owed keeps the contract alive.

Full Text of 735 ILCS 5/9-110

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If it appears on the trial that the plaintiff is entitled to the possession of the whole of the premises claimed, judgment for the possession thereof and for costs shall be entered in favor of the plaintiff. However, if the action is brought under Article IX of this Code and is based upon a breach of a contract entered into on or after July 1, 1962 for the purchase of such premises, the court, by order, may stay the enforcement of the judgment for a period not to exceed 60 days from the date of the judgment, or if the court finds that the amount unpaid on the contract is less than 75% of the original purchase price, then the court shall stay the enforcement of the judgment for a period of 180 days from the date of the judgment. The court may order a stay of less than 180 days (but in no event less than 60 days) if it is shown that the plaintiff, prior to the filing of the action under Article IX of this Act, granted the defendant previous extensions of time to pay the amounts due under the contract, or for other good cause shown. If during such period of stay the defendant pays the entire amount then due and payable under the terms of the contract other than such portion of the principal balance due under the contract as would not be due had no default occurred and costs and, if the contract provides therefor, reasonable attorney's fees as fixed by the court, and cures all other defaults then existing, the contract shall remain in force the same as if no default had occurred. The relief granted to a defendant by this Section shall not be exhausted by a single use thereof but shall not be again available with respect to the same contract for a period of 5 years from the date of such judgment. Whenever defendant cures the default under the contract pursuant to this Section, the defendant may within the period of stay file a motion to vacate the judgment in the court in which the judgment was entered, and, if the court, upon the hearing of such motion, is satisfied that such default has been cured, such judgment shall be vacated. Unless defendant files such motion to vacate in the court or the judgment is otherwise stayed, enforcement of the judgment may proceed immediately upon the expiration of such period of stay and all rights of the defendant in and to the premises and in and to the real estate described in the contract are terminated.

Nothing herein contained shall be construed as affecting the right of a seller of such premises to any lawful remedy or relief other than that provided by Part 1 of Article IX of this Act.

End

Plain-English Summary

Where the plaintiff is entitled to the whole premises, judgment for possession and costs enters. But where the action is based on a breach of a contract for the purchase of the premises entered on or after July 1, 1962, the court may stay enforcement up to 60 days, and must stay it 180 days if the unpaid contract balance is less than 75% of the original purchase price. That 180-day stay can be shortened, though never below 60 days, if the plaintiff had already granted the defendant earlier extensions before filing, or for other good cause.

Curing the default during the stay requires paying the entire amount then due and payable -- not the whole remaining principal, only what's due absent default -- along with costs and, if the contract provides for them, reasonable attorney's fees, and curing every other default. Doing so keeps the contract in force as though no default had occurred.

This relief isn't a one-time-only benefit, but it can't be used again on the same contract within 5 years of a judgment. The defendant can move to vacate the judgment within the stay period once the default is cured; without that motion, or another stay, enforcement proceeds once the stay expires and the defendant's rights in the premises and the contract terminate. None of this cuts off the seller's other lawful remedies outside this Part.

Frequently Asked Questions

How long does a land-contract buyer get to cure a default before eviction is enforced in Illinois?

The court may stay enforcement for up to 60 days at its discretion, or must stay it 180 days if the unpaid balance is less than 75% of the original purchase price (that 180-day stay can be shortened to as little as 60 days for good cause shown).

What has to be paid to cure the default and keep the contract alive?

The entire amount then due (not the whole outstanding principal), costs, reasonable attorney's fees if the contract calls for them, and curing all other defaults.

Can a court shorten the 180-day stay?

Yes, down to as little as 60 days, if the plaintiff had already given the defendant earlier extensions before filing, or for other good cause.

How often can a land-contract buyer use this stay-and-cure protection?

It isn't limited to one use, but it can't be used again on the same contract within 5 years of a judgment.

What happens if the defendant doesn't cure the default or move to vacate during the stay?

Enforcement of the judgment can proceed once the stay expires, and the defendant's rights in the premises and under the contract are terminated.

Amendment History

(Source: P.A. 85-907.)

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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