Cal. Civ. Code § 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
Operative Text
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.
Under 735 Ill. Comp. Stat. 5 § 9-109.5, Illinois courts apply the 'preponderance of the evidence' standard in eviction cases — meaning the party bringing the eviction must show that their version of events is more likely true than not. If the court concludes that standard has been met after a full trial, it is required to issue an eviction order for the plaintiff. This is a lower burden of proof than the 'beyond a reasonable doubt' standard used in criminal cases.
Plain English — not legal advice.
For property owners and managers pursuing an eviction in Illinois, 735 Ill. Comp. Stat. 5 § 9-109.5 establishes that winning at trial requires meeting the preponderance-of-the-evidence standard — not a higher bar. Compliant operators typically document lease violations, nonpayment, or other grounds thoroughly so that the evidence presented at trial clearly supports the allegations in the complaint. Maintaining organized records of notices, communications, and payment histories is a common practice among operators who pursue eviction proceedings.
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 § 9-109.5, a court can only enter an eviction order against a tenant after a trial where the landlord's allegations have been proven by a preponderance of the evidence — meaning tenants have the right to contest those allegations at trial. Presenting evidence, witnesses, or documentation that challenges the landlord's claims can be a meaningful part of the court process. Tenants facing eviction proceedings may benefit from consulting a tenant-rights organization or legal aid provider familiar with Illinois eviction procedure.
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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