9-118.Emergency housing eviction proceedings.
Article IX. Eviction · Part 1. In General · Last amended 2018 · Last verified July 20, 2026
Full Text of 735 ILCS 5/9-118
Plain-English Summary
It applies to housing owned or managed by a housing authority, or privately owned and managed, where a verified complaint alleges direct evidence of unlawful drug activity -- possessing, storing, manufacturing, using, selling, or trafficking cannabis, methamphetamine, narcotics, or controlled substances -- an otherwise-prohibited firearm, or a specific list of violent and sexual felonies, all on the premises, committed by, with the knowledge and consent of, or in concert with the person named in the complaint.
Instead of the predicate notice of termination or Section 9-104 demand normally required before filing, the verified complaint itself, served on the tenant or occupant at least 14 days before the hearing, does that job. The hearing is set for any day after that 14-day period runs from filing, and the summons must tell the defendant to be ready with evidence.
A defendant who doesn't appear gets a default eviction order. One who appears gets an immediate trial, which can't be continued more than 7 days past the original hearing date without both sides agreeing, decided under the ordinary preponderance-of-the-evidence standard. If drugs are found or used anywhere on the premises, there's a rebuttable presumption that a tenant or occupant used or possessed them, or knew or should have known about it. A public housing authority plaintiff who accepts rent after filing isn't barred from proceeding on that account.
Any court stay is capped at 7 days, after which the plaintiff can re-enter immediately, and the sheriff must give this kind of order priority over other possession orders. The section doesn't reach cannabis, methamphetamine, narcotics, or a controlled substance lawfully possessed under a valid prescription for a lawful occupant's personal use.
Frequently Asked Questions
What kind of conduct triggers this emergency eviction procedure?
Direct evidence of unlawful drug activity, an otherwise-prohibited firearm, or a specific list of violent and sexual felonies -- including murder, kidnapping, arson, and criminal sexual assault -- on the premises, tied to the person named in the complaint.
Does the landlord still need to send a separate notice to quit before filing this kind of eviction?
No -- subsection (b-5) says no predicate notice of termination or demand for possession is required to initiate an action under this section; the verified complaint, served at least 14 days before the hearing, takes that place.
How fast does an emergency housing eviction case move?
The hearing is set for any day after 14 days from filing, and once a trial starts, it can't be continued more than 7 days past the first hearing date without agreement from both sides.
What happens if drugs are found somewhere on the premises but not tied to a specific tenant?
There's a rebuttable presumption that a tenant or occupant used or possessed them, or knew or should have known about that use or possession.
Does this section reach someone with a valid prescription for a controlled substance?
No, it doesn't apply to cannabis, methamphetamine, narcotics, or a controlled substance legally obtained under a valid prescription for a lawful occupant's personal use.
Amendment History
(Source: P.A. 100-173, eff. 1-1-18.)