Cal. Civ. Code § 9-116
Pending appeal. If the plaintiff appeals, then, during and notwithstanding the pendency of such appeal, the plaintiff is entitled to enforce, or accept from the defendant or from any person claiming under him or her, performance of all obligations imposed upon such defendant by the terms of any lease, contract, covenant or agreement under which the defendant claims the right to possession, or by law, as if such appeal has not been taken, without thereby affecting the appeal or the judgment appealed from, and without thereby creating or reinstating any tenancy or other relationship of the parties. However, if the result of the prosecution of such appeal and entry of final judgment is that the defendant was obligated to the plaintiff during the pendency thereof in a different form, manner or amount than that in which any payment or payments made under the provision of this Section was or were enforced or accepted, or in a different form, manner or amount than that adjudged in any judgment entered by any court in any other proceedings instituted by virtue of the provisions of this Section during the pendency of the appeal, such payment or payments shall be deemed to have been made to apply in the form, manner and amount resulting or arising from the prosecution of such appeal, on account of the defendant's obligation
Operative Text
Pending appeal. If the plaintiff appeals, then, during and notwithstanding the pendency of such appeal, the plaintiff is entitled to enforce, or accept from the defendant or from any person claiming under him or her, performance of all obligations imposed upon such defendant by the terms of any lease, contract, covenant or agreement under which the defendant claims the right to possession, or by law, as if such appeal has not been taken, without thereby affecting the appeal or the judgment appealed from, and without thereby creating or reinstating any tenancy or other relationship of the parties. However, if the result of the prosecution of such appeal and entry of final judgment is that the defendant was obligated to the plaintiff during the pendency thereof in a different form, manner or amount than that in which any payment or payments made under the provision of this Section was or were enforced or accepted, or in a different form, manner or amount than that adjudged in any judgment entered by any court in any other proceedings instituted by virtue of the provisions of this Section during the pendency of the appeal, such payment or payments shall be deemed to have been made to apply in the form, manner and amount resulting or arising from the prosecution of such appeal, on account of the defendant's obligation.
Under 735 Ill. Comp. Stat. 5 § 9-116, when a landlord (plaintiff) files an appeal in an eviction or possession case, the appeal does not freeze the tenant's (defendant's) ongoing obligations under the lease or by law. The landlord may continue to collect or enforce those obligations — such as rent payments — during the appeal without that collection being treated as a waiver of the appeal or as a restoration of the tenancy. If the final appellate judgment determines that the tenant's actual obligation during the appeal period differed in form, manner, or amount from what was collected, any payments already made are retroactively reapplied to match the obligation as ultimately determined.
Plain English — not legal advice.
Property owners and managers operating under 735 Ill. Comp. Stat. 5 § 9-116 generally continue to collect rent and enforce lease obligations from an occupant even while an appeal is pending, since the statute expressly permits this without jeopardizing the appeal. Compliant operators typically document all payments received during the appeal period carefully, because those amounts may need to be reconciled if the appellate court determines the obligation was different in form or amount. Accepting payments under this provision does not, by itself, create or reinstate a tenancy, but thorough recordkeeping helps ensure any retroactive reapplication of payments is handled accurately.
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 § 9-116, a tenant (defendant) should be aware that a landlord's decision to collect rent or enforce lease terms during a pending appeal does not automatically end the appeal or restore the tenancy. Importantly, if the final appellate ruling establishes that the tenant's obligation during the appeal period was different from what was actually collected, those payments are treated as having been applied according to the corrected obligation. Tenants navigating an active appeal may benefit from consulting a tenant-rights organization or legal aid provider to understand how payments made during this period could be affected by the ultimate outcome.
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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