Cal. Civ. Code § 9-107.10
Military personnel in military service; eviction action
Operative Text
Military personnel in military service; eviction action. (a) In this Section: "Military service" means any full-time training or duty, no matter how described under federal or State law, for which a service member is ordered to report by the President, Governor of a state, commonwealth, or territory of the United States, or other appropriate military authority. "Service member" means a resident of Illinois who is a member of any component of the U.S. Armed Forces or the National Guard of any state, the District of Columbia, a commonwealth, or a territory of the United States. (b) In a residential eviction action, including eviction of a tenant who is a resident of a mobile home park, who is a service member that has entered military service, or of any member of the tenant's family who resides with the tenant, if the tenant entered into the rental agreement on or after the effective date of this amendatory Act of the 94th General Assembly, the court may, on its own motion, and shall, upon motion made by or on behalf of the tenant, do either of the following if the tenant's ability to pay the agreed rent is materially affected by the tenant's military service: (1) Stay the proceedings for a period of 90 days, unless, in the opinion of the court, justice and equity require a longer or shorter period of time.(2) Adjust the obligation under the rental agreement to preserve the interest of all parties to it.(c) In order to be eligible for the benefits granted to service members under this Section, a service member or a member of the service member's family who resides with the service member must provide the landlord or mobile home park operator with a copy of the orders calling the service member to military service in excess of 29 consecutive days and of any orders further extending the period of service. (d) If a stay is granted under this Section, the court may grant the landlord or mobile home park operator such relief as equity may require. (e) A violation of this Section constitutes a civil rights violation under the Illinois Human Rights Act. All proceeds from the collection of any civil penalty imposed pursuant to the Illinois Human Rights Act under this subsection shall be deposited into the Illinois Military Family Relief Fund.
Under 735 Ill. Comp. Stat. 5 § 9-107.10, Illinois courts have specific authority in residential eviction cases involving active-duty service members whose ability to pay rent has been materially affected by their military service. A court may pause eviction proceedings for at least 90 days or adjust the rental obligation to protect the interests of both parties. Violations of this provision are treated as civil rights violations under the Illinois Human Rights Act, with any resulting civil penalties directed to the Illinois Military Family Relief Fund.
Plain English — not legal advice.
Operators subject to 735 Ill. Comp. Stat. 5 § 9-107.10 generally ensure that eviction proceedings involving tenants who are service members account for the possibility of a court-ordered stay or adjustment of rental obligations. Compliant operators typically accept and retain copies of military orders when provided by a tenant or family member, as the statute requires such documentation for a service member to be eligible for its protections. Because a violation of this section constitutes a civil rights violation under the Illinois Human Rights Act, property managers commonly review their eviction procedures to reflect the statute's requirements when a tenant's military status is known or disclosed.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 735 Ill. Comp. Stat. 5 § 9-107.10, a tenant who is an Illinois-resident service member — or a family member residing with that service member — may request that a court stay an eviction proceeding for 90 days or more, or ask the court to adjust the rental obligation, if military service has materially affected the ability to pay rent. To access these protections, the tenant or a family member must provide the landlord with a copy of the military orders calling the service member to duty for more than 29 consecutive days. Because a violation of this section is treated as a civil rights violation under the Illinois Human Rights Act, tenants may also explore filing a complaint through that Act's enforcement process or consult a tenant-rights organization for guidance on available options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 18, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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