Illinois Compiled Statutes
735 ILCS 5/9-104 (2026)
Demand - Notice - Return
✓ current as of May 2026
Find cases:
SyfertCases citing this section
IL-ILGAilga.gov
JustiaChapter on Justia
CornellLII Search
CasesGoogle Scholar
(735 ILCS 5/9-104)
(from Ch. 110, par. 9-104)
Sec. 9-104.
Demand - Notice - Return.
The demand required by Section
9-102 of this Act may be made by delivering a copy
thereof to the tenant, or by leaving such a copy with some person of the
age of 13 years or upwards, residing on, or being in charge of, the premises;
or in case no one is in the actual possession of the premises, then by
posting the same on the premises; or if those in possession are unknown
occupants who are not parties to any written lease, rental agreement, or right
to possession agreement for the premises, then by delivering a copy of the
notice, directed to "unknown occupants", to the occupant or by leaving a copy
of the notice with some person of the age of 13 years or upwards
occupying the premises, or by posting a copy of the notice on the premises
directed to "unknown occupants". When such demand is made by
an officer authorized to serve process, his or her return is prima facie
evidence of the facts therein stated, and if such demand is made by any
person not an officer, the return may be sworn to by the person serving
the same, and is then prima facie evidence of the facts therein
stated. The demand for possession may be in the following form:
To ....
I hereby demand immediate possession of the following | described premises: (describing the same.) |
The demand shall be signed by the person claiming such possession,
his or her agent, or attorney.
(Source: P.A. 92-823, eff. 8-21-02.)
Notes of Decisions
Cited in 9
cases (7 in the last 5 years), 2018–2025 · leading case: Pennymac Corp. v. Jenkins, 2018 IL App (1st) 171191 (Ill. App. Ct. 2018).
Pennymac Corp. v. Jenkins, 2018 IL App (1st) 171191 (Ill. App. Ct. 2018). “Plaintiff and Defendant present, the court finding that any issue regarding the notice served on September 17, 2016 that included the name of the plaintiff in the first complaint filed October 31, 2016 was cured by the filing of the amended complaint on December 20, 2016, as…”
Pennymac Corp. v. Jenkins, 2018 IL App (1st) 171191 (Ill. App. Ct. 2018). “Plaintiff and Defendant present, the court finding that any issue regarding the notice served on September 17, 2016 that included the name of the plaintiff in the first complaint filed October 31, 2016 was cured by the filing of the amended complaint on December 20, 2016, as…”
Ebulon Fin. Grp., LLC v. Politanska, 2025 IL App (1st) 240948 (Ill. App. Ct. 2025). “) 735 ILCS 5/9-104 (West 2022). This section appears to contemplate two relevant possibilities: (1) the individuals in question are tenants or (2) the individuals in question are “unknown occupants who are not parties to any written lease, rental agreement, or right to…”
Fed. Nat'l Mortg. Ass'n v. Reynolds, 2024 IL App (1st) 231665-U (Ill. App. Ct. 2024). “1-23-1665 Code (735 ILCS 5/9-104, 15-1508.5 (West 2022), or the Protecting Tenants at Foreclosure Act of 2009, P.”
Gu v. Neely, 2023 IL App (3d) 220316-U (Ill. App. Ct. 2023). “” In that motion, he asserted that he had provided Neely with proper notice under section 9-104 of the Illinois Code of Civil Procedure (Code) (735 ILCS 5/9-104 (West 2022)). He added that any error in providing notice could be excused under the bona fide error defense in the…”
Kamil v. Jareou, 2022 IL App (2d) 210603-U (Ill. App. Ct. 2022). “First, the trial court erred in entering an order of possession against Al-Saadi as the pre-lawsuit notice and demand were not served in accordance with section 9-104 of the Forcible Entry and Detainer Act (735 ILCS 5/9-104 (West 2018)). Second, Al-Saadi argues that the trial…”
U.S. Bank, As Tr. for LSF9 Master Participation Trust v. Unknown Occupants (Ill. App. Ct. 2023). “Bank served a demand for immediate possession of any unknown occupants pursuant to the Forcible Entry and Detainer Act (Act) (735 ILCS 5/9-104 (West 2020)). The demand letter further stated: “If you believe that you are legally entitled to occupy the premises, or if you have a…”
Deutsche Bank Nat'l Trust Co. v. Laz, 2023 IL App (3d) 220454-U (Ill. App. Ct. 2023). “Thus, Benedict was not entitled to written demand pursuant to section 9- 104 of the Code (735 ILCS 5/9-104 (West 2020)). ¶ 22 Lack of written demand was the only argument Benedict raised to contest the circuit court’s order in this case.”
Devon Realty, Inc. v. 7124 North Clark, Inc., 2024 IL App (1st) 231457-U (Ill. App. Ct. 2024). “The notice complied with the terms of the lease agreement and section 9-104 of the Code of Civil Procedure (735 ILCS 5/9-104 (West 2022)), and North Clark failed to raise any affirmative defenses to the five-day notice, which results in waiver of those defenses (see 735 ILCS…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.
|