ILCS » Chapter 735 · Act 5
Illinois Compiled Statutes

735 ILCS 5/9-202 (2026)

Wilfully holding over

✓ current as of May 2026
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(735 ILCS 5/9-202) (from Ch. 110, par. 9-202)
    Sec. 9-202. Wilfully holding over. If any tenant or any person who is in or comes into possession of any lands, tenements or hereditaments, by, from or under, or by collusion with the tenant, wilfully holds over any lands, tenements or hereditaments, after the expiration of his or her term or terms, and after demand made in writing, for the possession thereof, by his or her landlord, or the person to whom the remainder or reversion of such lands, tenements or hereditaments belongs, the person so holding over, shall, for the time the landlord or rightful owner is so kept out of possession, pay to the person so kept out of possession, or his or her legal representatives, at the rate of double the yearly value of the lands, tenements or hereditaments so detained to be recovered by a civil action.
(Source: P.A. 83-707.)

    
Notes of Decisions
Cited in 9 cases (3 in the last 5 years), 2013–2026 · leading case: Crystal Lake Ltd. P'ship v. Baird & Warner Residential Sales, Inc., 2018 IL App (2d) 170714 (Ill. App. Ct. 2018).
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Crystal Lake Ltd. P'ship v. Baird & Warner Residential Sales, Inc., 2018 IL App (2d) 170714 (Ill. App. Ct. 2018). “Count V was brought in the alternative to count IV, alleging that B&W willfully deprived CLLP of access to the premises and seeking relief pursuant to section 9-202 of the Code of Civil Procedure (Code) (735 ILCS 5/9-202 (West 2010) (providing that a person who willfully holds…”
Wendy & William Spatz Charitable Found. v. 2263 North Lincoln Corp., 2013 IL App (1st) 122076 (Ill. App. Ct. 2013). · cites it 3× “In count II, plaintiff sought holdover tenancy, pursuant to section 9-202 of the Illinois Code of Civil Procedure (Code) (735 ILCS 5/9-202 (West 2008)), which allows a landlord to recover double the yearly rent from a tenant who willfully holds over the property after the…”
Wendy & William Spatz Charitable Found. v. 2263 North Lincoln Corp., 2013 IL App (1st) 122076 (Ill. App. Ct. 2013). · cites it 2× “In count II, plaintiff sought holdover tenancy, pursuant to section 9-202 of the Illinois Code of Civil Procedure (Code) (735 ILCS 5/9-202 (West 2008)), which allows a landlord to recover double the yearly rent from a tenant who willfully holds over the property after the…”
Schroeder v. Post, 2019 IL App (3d) 180040 (Ill. App. Ct. 2019). · cites it 2× “The 2017 award includes holdover damages pursuant to section 9-202 of the Code of Civil Procedure (Code) (735 ILCS 5/9-202 (West 2016)). ¶7 Thereafter, defendant filed a motion to reconsider, asserting that the court erred in awarding plaintiff (1) possession of the land that…”
Schroeder v. Post, 2019 IL App (3d) 180040 (Ill. App. Ct. 2019). · cites it 2× “¶ 6 Following the parties' arguments, the trial court awarded plaintiff possession of the premises and ordered defendant to pay damages in the amount of $62,726 plus costs ($6866 for 2016 rent and $55,860 for 2017 rent).”
Fam. Props. of Chicago, LLC v. Ring, 2024 IL App (1st) 231861-U (Ill. App. Ct. 2024). · cites it 2× “” 1 ¶7 Section 9-202 of the Code of Civil Procedure (Code) (735 ILCS 5/9-202 (West 2022)), provides that when a tenant willfully holds over the premises after the expiration of his lease, the landlord may make a written demand for possession and receive double rent for as long…”
Schroeder v. Post, 2019 IL App (3d) 180040 (Ill. App. Ct. 2019). “The 2017 award includes holdover damages pursuant to section 9-202 of the Code of Civil Procedure (Code) (735 ILCS 5/9-202 (West 2016)). ¶7 Thereafter, defendant filed a motion to reconsider, asserting that the court erred in awarding plaintiff (1) possession of the land that…”
Bd. of Educ. of River Trails Sch. Dist. 26 v. Park View Montessori Sch., 2022 IL App (1st) 192495-U (Ill. App. Ct. 2022). “” 735 ILCS 5/9-202 (West 2018). Plaintiff contends that it can raise such a claim on remand so that a decision of this court on plaintiff’s contention of error would affect the outcome of litigation between the parties concerning the premises insofar as it would determine…”
Jordan v. Mazza, 2026 IL App (1st) 250123-U (Ill. App. Ct. 2026). “Ring, 2024 IL App (1st) 231861-U, ¶ 17 (citing 735 ILCS 5/9-202 (West 2022)). When plaintiffs filed their second amended complaint, they acknowledged that a month-to-month tenancy had arisen after the expiration of the original lease when they accepted defendant’s monthly rent…”
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