Illinois Compiled Statutes
735 ILCS 5/9-109.5 (2026)
Standard of proof
✓ current as of May 2026
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(735 ILCS 5/9-109.5)
Sec. 9-109.5. Standard of proof. After a trial, if the court finds, by a
preponderance of the evidence,
that the allegations in the complaint have been proven, the court
shall enter an eviction order in favor of the
plaintiff.
(Source: P.A. 100-173, eff. 1-1-18.)
Notes of Decisions
Cited in 10
cases (8 in the last 5 years), 2007–2026 · leading case: Chicago Hous. Auth. v. Santiago, 2024 IL App (1st) 221252-U (Ill. App. Ct. 2024).
Chicago Hous. Auth. v. Santiago, 2024 IL App (1st) 221252-U (Ill. App. Ct. 2024). “1-22-1252 735 ILCS 5/9-109.5 (West 2022) (“After a trial, if the court finds, by a preponderance of the evidence, that the allegations in the complaint have been proven, the court shall enter an eviction order in favor of the plaintiff.”
Bd. of Directors of Winnitt Park Condo. Ass'n v. Bourdage, 2021 IL App (1st) 192536 (Ill. App. Ct. 2021). “3d 601, 609 (2007); 735 ILCS 5/9-109.5 (West 2018). In a bench trial, as occurred in the case at bar, the trial court has the opportunity to weigh the evidence and make findings of fact, and a reviewing court will defer to the findings of the trial court unless they are against…”
Bd. of Directors of Winnitt Park Condo. Ass'n v. Bourdage, 2021 IL App (1st) 192536 (Ill. App. Ct. 2021). “3d 601, 609 (2007); 735 ILCS 5/9-109.5 (West 2018). In a bench trial, as occurred in the case at bar, the trial court has the opportunity to weigh the evidence and make findings of fact, and a reviewing court will defer to the findings of the trial court unless they are against…”
Devon Realty, Inc. v. 7124 North Clark, Inc., 2024 IL App (1st) 231457-U (Ill. App. Ct. 2024). “735 ILCS 5/9-109.5 (West 2022). ¶ 21 This court has consistently held that where the parties dispute the possession of real property, once the defendant has been evicted from the property and the plaintiff takes possession, the issue of possession becomes moot.”
Renaissance Ctr., LP v. Ellis, 2023 IL App (1st) 221535-U (Ill. App. Ct. 2023). “” 735 ILCS 5/9-109.5 (West 2022). ¶ 20 Here, plaintiff represents that defendant has already vacated the unit.”
Lake Suzanne MHP, LLC v. Gavins, 2025 IL App (5th) 240848-U (Ill. App. Ct. 2025). “Bourdage, 2021 IL App (1st) 192536 , ¶ 33; 735 ILCS 5/9-109.5 (West 2022). Here, the trial court had the opportunity to weigh the evidence and make findings of fact, and we will defer to the trial court’s findings unless they are against the manifest weight of the evidence.”
Spirit Mgmt. Servs. v. Martin, 2026 IL App (1st) 242032-U (Ill. App. Ct. 2026). “See 735 ILCS 5/9-109.5 (West 2020) (“After a trial, if the court finds, by a preponderance of the evidence, that the allegations in the complaint have been proven, the court shall enter an eviction order in favor of the plaintiff.”
Corinthian Condo. Ass'n v. Rao (Ill. App. Ct. 2026). “735 ILCS 5/9-109.5 (West 2024). Thus, the plaintiff cannot recover any figure in the 30-day notice; it may recover only the amount proved at trial.”
Circle Mgmt., LLC. v. Olivier (Ill. App. Ct. 2007). “735 ILCS 5/9-109.5 (West 2004). If the plaintiff fails to meet this burden, the Act provides that “judgment for costs shall be entered in favor of the defendant.”
Rotheimer v. Arana (Ill. App. Ct. 2008). “735 ILCS 5/9-109.5 (West 2004). If the plaintiff fails to meet this burden, the Act provides that ‘judgment for costs shall be entered in favor of the defendant.”
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