Cal. Civ. Code § 9-110
Judgment for whole premises - Stay of enforcement. If it appears on the trial that the plaintiff is entitled to the possession of the whole of the premises claimed, judgment for the possession thereof and for costs shall be entered in favor of the plaintiff. However, if the action is brought under Article IX of this Code and is based upon a breach of a contract entered into on or after July 1, 1962 for the purchase of such premises, the court, by order, may stay the enforcement of the judgment for a period not to exceed 60 days from the date of the judgment, or if the court finds that the amount unpaid on the contract is less than 75% of the original purchase price, then the court shall stay the enforcement of the judgment for a period of 180 days from the date of the judgment. The court may order a stay of less than 180 days (but in no event less than 60 days) if it is shown that the plaintiff, prior to the filing of the action under Article IX of this Act, granted the defendant previous extensions of time to pay the amounts due under the contract, or for other good cause shown. If during such period of stay the defendant pays the entire amount then due and payable under the terms of the contract other than such portion of the principal balance due under the contract as would not be due had no default occurred and costs and, if the contract provides therefor, reasonable attorney's fees as fixed by the court, and cures all other defaults then existing, the contract shall remain in force the same as if no default had occurred. The relief granted to a defendant by this Section shall not be exhausted by a single use thereof but shall not be again available with respect to the same contract for a period of 5 years from the date of such judgment. Whenever defendant cures the default under the contract pursuant to this Section, the defendant may within the period of stay file a motion to vacate the judgment in the court in which the judgment was entered, and, if the court, upon the hearing of such motion, is satisfied that such default has been cured, such judgment shall be vacated. Unless defendant files such motion to vacate in the court or the judgment is otherwise stayed, enforcement of the judgment may proceed immediately upon the expiration of such period of stay and all rights of the defendant in and to the premises and in and to the real estate described in the contract are terminated. Nothing herein contained shall be construed as affecting the right of a seller of such premises to any lawful remedy or relief other than that provided by Part 1 of Article IX of this Act
Operative Text
Judgment for whole premises - Stay of enforcement. If it appears on the trial that the plaintiff is entitled to the possession of the whole of the premises claimed, judgment for the possession thereof and for costs shall be entered in favor of the plaintiff. However, if the action is brought under Article IX of this Code and is based upon a breach of a contract entered into on or after July 1, 1962 for the purchase of such premises, the court, by order, may stay the enforcement of the judgment for a period not to exceed 60 days from the date of the judgment, or if the court finds that the amount unpaid on the contract is less than 75% of the original purchase price, then the court shall stay the enforcement of the judgment for a period of 180 days from the date of the judgment. The court may order a stay of less than 180 days (but in no event less than 60 days) if it is shown that the plaintiff, prior to the filing of the action under Article IX of this Act, granted the defendant previous extensions of time to pay the amounts due under the contract, or for other good cause shown. If during such period of stay the defendant pays the entire amount then due and payable under the terms of the contract other than such portion of the principal balance due under the contract as would not be due had no default occurred and costs and, if the contract provides therefor, reasonable attorney's fees as fixed by the court, and cures all other defaults then existing, the contract shall remain in force the same as if no default had occurred. The relief granted to a defendant by this Section shall not be exhausted by a single use thereof but shall not be again available with respect to the same contract for a period of 5 years from the date of such judgment. Whenever defendant cures the default under the contract pursuant to this Section, the defendant may within the period of stay file a motion to vacate the judgment in the court in which the judgment was entered, and, if the court, upon the hearing of such motion, is satisfied that such default has been cured, such judgment shall be vacated. Unless defendant files such motion to vacate in the court or the judgment is otherwise stayed, enforcement of the judgment may proceed immediately upon the expiration of such period of stay and all rights of the defendant in and to the premises and in and to the real estate described in the contract are terminated. Nothing herein contained shall be construed as affecting the right of a seller of such premises to any lawful remedy or relief other than that provided by Part 1 of Article IX of this Act.
Under 735 Ill. Comp. Stat. 5 § 9-110, when a court finds a plaintiff entitled to possession of an entire property in an eviction or possession action, a judgment is entered accordingly. However, when the case involves a breach of a land installment contract entered into on or after July 1, 1962, the court has authority to pause enforcement of that judgment — for up to 60 days generally, or up to 180 days if the buyer has paid down more than 25% of the original purchase price. If the buyer in default fully catches up on all overdue amounts, costs, and any court-fixed attorney's fees within that pause period, the contract is treated as though no default ever occurred, and the buyer may ask the court to vacate the judgment entirely. This cure right cannot be used again on the same contract for five years after any judgment date.
Plain English — not legal advice.
As a seller or property owner pursuing a possession action under Article IX, 735 Ill. Comp. Stat. 5 § 9-110 means that even after winning a judgment, enforcement may be automatically paused for up to 180 days if the buyer has paid more than 25% of the original purchase price. Compliant operators typically document any prior payment extensions they granted to the buyer, since that history can support a request to shorten the mandatory stay to as few as 60 days for good cause. Sellers should also be aware that the provision preserves their right to pursue other lawful remedies outside of Part 1 of Article IX, so maintaining thorough contract and payment records supports any parallel or subsequent legal actions.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
For buyers under a land installment contract who face a possession judgment, 735 Ill. Comp. Stat. 5 § 9-110 provides a meaningful window — potentially 180 days — to cure the default and restore the contract to full standing. During the stay period, a buyer who pays all amounts currently due (excluding principal not yet matured), costs, and any court-approved attorney's fees, and who cures all other existing defaults, can file a motion to vacate the judgment in the same court. Buyers in this situation may benefit from consulting a tenant-rights organization or housing counselor familiar with Illinois installment contract law to understand the specific cure amounts and procedural steps available under this section.
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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