Cal. Civ. Code § 9-202
Wilfully holding over. If any tenant or any person who is in or comes into possession of any lands, tenements or hereditaments, by, from or under, or by collusion with the tenant, wilfully holds over any lands, tenements or hereditaments, after the expiration of his or her term or terms, and after demand made in writing, for the possession thereof, by his or her landlord, or the person to whom the remainder or reversion of such lands, tenements or hereditaments belongs, the person so holding over, shall, for the time the landlord or rightful owner is so kept out of possession, pay to the person so kept out of possession, or his or her legal representatives, at the rate of double the yearly value of the lands, tenements or hereditaments so detained to be recovered by a civil action
Operative Text
Wilfully holding over. If any tenant or any person who is in or comes into possession of any lands, tenements or hereditaments, by, from or under, or by collusion with the tenant, wilfully holds over any lands, tenements or hereditaments, after the expiration of his or her term or terms, and after demand made in writing, for the possession thereof, by his or her landlord, or the person to whom the remainder or reversion of such lands, tenements or hereditaments belongs, the person so holding over, shall, for the time the landlord or rightful owner is so kept out of possession, pay to the person so kept out of possession, or his or her legal representatives, at the rate of double the yearly value of the lands, tenements or hereditaments so detained to be recovered by a civil action.
Under 735 Ill. Comp. Stat. 5 § 9-202, when a tenant or anyone holding through a tenant willfully remains on a property after their lease term has ended and after the landlord has made a written demand for the property back, that holdover occupant can be required to pay double the annual fair value of the property for the entire period they wrongfully kept the owner out. The doubled-value remedy runs from the time of the written demand through the end of the unlawful holdover. This civil remedy is available to the landlord or whoever holds the ownership interest in the property.
Plain English — not legal advice.
Under 735 Ill. Comp. Stat. 5 § 9-202, operators who face a tenant remaining past the lease expiration generally document the end of the tenancy clearly and serve a written demand for possession, since that written demand is what triggers the double-value remedy. Compliant operators typically keep records of the lease term, the written demand, and the date it was delivered, as those facts establish the period for which doubled damages may be calculated. Pursuing the double-value remedy requires filing a civil action, so operators in this situation commonly work with legal counsel familiar with Illinois landlord-tenant litigation.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
735 Ill. Comp. Stat. 5 § 9-202 creates significant financial exposure for anyone who remains in a property after their lease term ends and after receiving a written demand for possession from the landlord or property owner. The statute allows the owner to seek double the annual fair value of the property for every day the holdover continues, which can accumulate quickly. Tenants who have received or anticipate receiving such a demand may want to consult a tenant-rights organization or attorney to understand how the written-demand requirement and the willfulness standard apply to their circumstances.
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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