Cal. Civ. Code § 9-120
Leased premises used in furtherance of a criminal offense; lease void at option of lessor or assignee
Operative Text
Leased premises used in furtherance of a criminal offense; lease void at option of lessor or assignee. (a) If any lessee or occupant, on one or more occasions, uses or permits the use of leased premises for the commission of any act that would constitute a felony or a Class A misdemeanor under the laws of this State, the lease or rental agreement shall, at the option of the lessor or the lessor's assignee become void, and the owner or lessor shall be entitled to recover possession of the leased premises as against a tenant holding over after the expiration of his or her term. A written lease shall notify the lessee that if any lessee or occupant, on one or more occasions, uses or permits the use of the leased premises for the commission of a felony or Class A misdemeanor under the laws of this State, the lessor shall have the right to void the lease and recover the leased premises. Failure to include this language in a written lease or the use of an oral lease shall not waive or impair the rights of the lessor or lessor's assignee under this Section or the lease. This Section shall not be construed so as to diminish the rights of a lessor, if any, to terminate a lease for other reasons permitted under law or pursuant to the lease agreement. (b) The owner or lessor may bring an eviction action, or, if the State's Attorney of the county in which the real property is located or the corporation counsel of the municipality in which the real property is located agrees, assign to that State's Attorney or corporation counsel the right to bring an eviction action on behalf of the owner or lessor, against the lessee and all occupants of the leased premises. The assignment must be in writing on a form prepared by the State's Attorney of the county in which the real property is located or the corporation counsel of the municipality in which the real property is located, as applicable. If the owner or lessor assigns the right to bring an eviction action, the assignment shall be limited to those rights and duties up to and including delivery of the order of eviction to the sheriff for execution. The owner or lessor shall remain liable for the cost of the eviction whether or not the right to bring the eviction action has been assigned. (c) A person does not forfeit any part of his or her security deposit due solely to an eviction under the provisions of this Section, except that a security deposit may be used to pay fees charged by the sheriff for carrying out an eviction. (d) If a lessor or the lessor's assignee voids a lease or contract under the provisions of this Section and the tenant or occupant has not vacated the premises within 5 days after receipt of a written notice to vacate the premises, the lessor or lessor's assignee may seek relief under this Article IX. Notwithstanding Sections 9-112, 9-113, and 9-114 of this Code, judgment for costs against a plaintiff seeking possession of the premises under this Section shall not be awarded to the defendant unless the action was brought by the plaintiff in bad faith. An action to possess premises under this Section shall not be deemed to be in bad faith when the plaintiff based his or her cause of action on information provided to him or her by a law enforcement agency, the State's Attorney, or the municipality. (e) 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 and the court shall order that the plaintiff shall be entitled to re-enter the premises immediately. (f) An eviction order entered in an action brought by a lessor or lessor's assignee, if the action was brought as a result of a lessor or lessor's assignee declaring a lease void pursuant to this Section, may not be stayed for any period in excess of 7 days by the court unless all parties agree to a longer period. Thereafter the plaintiff shall be entitled to re-enter the premises immediately. The sheriff or other lawfully deputized officers shall execute an order entered pursuant to this Section within 7 days of its entry, or within 7 days of the expiration of a stay of judgment, if one is entered. (g) Nothing in this Section shall limit the rights of an owner or lessor to bring an eviction action on the basis of other applicable law.
Under 735 Ill. Comp. Stat. 5 § 9-120, when a tenant or occupant uses leased premises to commit a felony or Class A misdemeanor under Illinois law, the landlord gains the option to declare the lease void. Once the lease is voided and the tenant receives written notice, the tenant has five days to vacate before the landlord may pursue formal eviction proceedings. If a court finds the allegations proven by a preponderance of the evidence, it must enter an eviction order and limit any stay of that order to no more than seven days, absent agreement of all parties.
Plain English — not legal advice.
Under 735 Ill. Comp. Stat. 5 § 9-120, compliant operators generally include written lease language notifying tenants that criminal use of the premises—specifically a felony or Class A misdemeanor—gives the landlord the right to void the lease and reclaim the property. When invoking this provision, landlords typically serve a written notice to vacate and, if the tenant does not leave within five days, file an eviction action; alternatively, the right to bring that action may be assigned in writing to the local State's Attorney or corporation counsel. Landlords should be aware that they remain financially responsible for eviction costs regardless of whether the eviction action is assigned, and that security deposits cannot be withheld solely because of an eviction under this section, except to cover sheriff's fees.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 9-120 of 735 Ill. Comp. Stat. 5 preserves certain tenant protections even when a landlord invokes this provision: a tenant does not automatically forfeit their security deposit solely because of an eviction brought under this section, except for sheriff's fees associated with carrying out the eviction. Tenants who receive a written notice to vacate under this provision have at least five days before a landlord may seek court relief, and any resulting eviction order can generally be stayed no longer than seven days. Tenants who believe an eviction action under this section was brought in bad faith, or who have questions about their rights, may wish to consult a tenant-rights organization or legal aid service familiar with Illinois eviction law.
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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