Cal. Civ. Code § 9-114
Judgment against plaintiff. If the plaintiff voluntarily dismisses the action, or fails to prove the plaintiff's right to the possession, judgment for costs shall be entered in favor of the defendant
Operative Text
Judgment against plaintiff. If the plaintiff voluntarily dismisses the action, or fails to prove the plaintiff's right to the possession, judgment for costs shall be entered in favor of the defendant.
Under 735 Ill. Comp. Stat. 5 § 9-114, when a plaintiff in an eviction or possession action either voluntarily drops the case or is unable to establish a legal right to possession, the court must enter a judgment for costs in favor of the defendant. This rule shifts the financial burden of litigation costs onto the party who brought the action but did not prevail. It applies regardless of whether the case ends by the plaintiff's own choice or by a failure of proof at hearing.
Plain English — not legal advice.
Property owners and managers pursuing possession actions in Illinois should be aware that under 735 Ill. Comp. Stat. 5 § 9-114, voluntarily dismissing a case or failing to establish the right to possession at hearing results in a court-ordered judgment for costs against the plaintiff. Compliant operators generally ensure that the factual and legal basis for a possession claim is well-documented before filing, and that any decision to dismiss is made with an understanding of the cost consequences. Maintaining thorough records of lease terms, notices, and communications supports a stronger evidentiary foundation if the matter proceeds to hearing.
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 § 9-114, a tenant who successfully defends a possession action—whether because the landlord voluntarily dismisses or fails to prove the right to possession—is entitled to a judgment for costs in their favor. This provision can be raised as part of a defense in eviction proceedings, and tenants who believe a landlord has failed to meet the burden of proof may find this statute relevant to any cost award at the conclusion of the case. Tenant-rights organizations and legal aid offices in Illinois can help explain how this provision may apply in a given court proceeding.
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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