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Illinois Compiled Statutes

735 ILCS 5/9-201 (2026)

Recovery of rent

✓ current as of May 2026
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(735 ILCS 5/9-201) (from Ch. 110, par. 9-201)
    Sec. 9-201. Recovery of rent. The owner of lands, his or her executors or administrators, may sue for and recover rent therefor, or a fair and reasonable satisfaction for the use and occupation thereof, by a civil action in any of the following instances:
    1. When rent is due and in arrears on a lease for life or lives.
    2. When lands are held and occupied by any person without any special agreement for rent.
    3. When possession is obtained under an agreement, written or verbal, for the purchase of the premises, and before a deed is given the right to possession is terminated by forfeiture or non-compliance with the agreement, and possession is wrongfully refused or neglected to be given upon demand, made in writing, by the party entitled thereto. All payments made by the vendee, or his or her representatives or assigns, may be set off against such rent.
    4. When land has been sold upon a judgment of court, when the party to such judgment or person holding under him or her, wrongfully refuses or neglects to surrender possession of the same, after demand, in writing, by the person entitled to the possession.
    5. When the lands have been sold upon a mortgage or trust deed, and the mortgagor or grantor, or person holding under him or her, wrongfully refuses or neglects to surrender possession of the same, after demand, in writing, by the person entitled to the possession.
(Source: P.A. 83-707.)

    
Notes of Decisions
Cited in 10 cases (4 in the last 5 years), 2007–2024 · leading case: Villa DuBois, LLC v. El, 2020 IL App (1st) 190182 (Ill. App. Ct. 2020).
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Villa DuBois, LLC v. El, 2020 IL App (1st) 190182 (Ill. App. Ct. 2020). “The complaint further alleged that on or about August 24, 2018, plaintiff “caused a proper notice of termination, in accordance with 735 ILCS 5/9-201 et seq., to be served on [defendant],” based on a failure to pay rent.”
Villa DuBois, LLC v. El, 2020 IL App (1st) 190182 (Ill. App. Ct. 2020). “The complaint further alleged that on or about August 24, 2018, plaintiff “caused a proper notice of termination, in accordance with 735 ILCS 5/9-201 et seq., to be served on [defendant],” based on a failure to pay rent.”
Kamil v. Jareou, 2022 IL App (2d) 210603-U (Ill. App. Ct. 2022). · cites it 4× “-7- 2022 IL App (2d) 210603-U ¶ 26 We agree that the use and occupancy provisions of the Forcible Entry and Detainer Act (735 ILCS 5/9-201 (West 2018)) are in derogation of the common law and those provisions should be strictly construed.”
Warren Blvd. Condo. Ass'n v. Milton, 927 N.E.2d 176 (Ill. App. Ct. 2010). “735 ILCS 5/9-201 (West 2008). Defendant argues that section 9-201 applies only to the landlord-tenant relationship and because the board of the condominium association is not the "owner" of the condominium unit in question, plaintiff had no standing to seek use and occupancy.”
Nare Meacham Square, LLC v. Falafill SC, 2022 IL App (1st) 210874-U (Ill. App. Ct. 2022). · cites it 2× “¶ 47 Use and Occupancy ¶ 48 Defendant argues that the trial court erred in ordering defendant to pay use and occupancy under section 201 of the Eviction Act (735 ILCS 5/9-201 (West 2018)), which permits a party who brings an eviction action to recover “a fair and reasonable…”
Hill Co. v. Airy's Inc., 2020 IL App (1st) 191994-U (Ill. App. Ct. 2020). · cites it 2× “735 ILCS 5/9-201 (West 2018). ¶ 15 In issuing the order now in dispute, the trial court was ruling upon Airys’ motion to dismiss pursuant to sections 2-615 and 2-619 of the Code, which sought a stay as alternative relief to dismissal.”
Rotheimer v. Arana (Ill. App. Ct. 2008). · cites it 2× “735 ILCS 5/9-201 (West 2004). Use and occupancy awards are authorized under the Act because ‘[a] lessee’s obligation to pay rent continues as a matter of law, even though the lessee may ultimately establish a right to rescind the lease, vacate the premises, or obtain other…”
John Hancock Life Ins. Co. v. Barinholtz, 2023 IL App (1st) 220772-U (Ill. App. Ct. 2023). “¶ 19 In Illinois, a landlord’s right to receive use and occupancy payments during the pendency of a forcible entry and detainer action is codified in section 9-201 of the Forcible Entry and Detainer Act (Eviction Act) (735 ILCS 5/9-201 (West 2018)).1 See Rotheimer v.”
3850 W. Cortland, LLC. v. Amyriad, Inc., 2024 IL App (1st) 230132-U (Ill. App. Ct. 2024). “3d 175 , 179 (1995) (quoting 735 ILCS 5/9-201(2) (West 1992)). The Eviction Act authorizes use and occupancy payments “because ‘[a] lessee’s obligation to pay rent continues as a matter of law, even though the lessee may ultimately establish a right to rescind the lease, vacate…”
Circle Mgmt., LLC. v. Olivier (Ill. App. Ct. 2007). “735 ILCS 5/9-201 (West 2004). Use and occupancy awards are authorized under the Act because “[a] lessee’s obligation to pay rent continues as a matter of law, even though the lessee may ultimately establish a right to rescind the lease, vacate the premises, or obtain other…”
— 735 ILCS 5/9-201(2) — 3 cases
Hill Co. v. Airy's Inc., 2020 IL App (1st) 191994-U (Ill. App. Ct. 2020). “735 ILCS 5/9-201 (West 2018). ¶ 15 In issuing the order now in dispute, the trial court was ruling upon Airys’ motion to dismiss pursuant to sections 2-615 and 2-619 of the Code, which sought a stay as alternative relief to dismissal.”
3850 W. Cortland, LLC. v. Amyriad, Inc., 2024 IL App (1st) 230132-U (Ill. App. Ct. 2024). “3d 175 , 179 (1995) (quoting 735 ILCS 5/9-201(2) (West 1992)). The Eviction Act authorizes use and occupancy payments “because ‘[a] lessee’s obligation to pay rent continues as a matter of law, even though the lessee may ultimately establish a right to rescind the lease, vacate…”
Rotheimer v. Arana (Ill. App. Ct. 2008). “735 ILCS 5/9-201 (West 2004). Use and occupancy awards are authorized under the Act because ‘[a] lessee’s obligation to pay rent continues as a matter of law, even though the lessee may ultimately establish a right to rescind the lease, vacate the premises, or obtain other…”
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