Cal. Civ. Code § 9-204
Rent in arrears - Re-entry. In all cases between landlord and tenant, where one-half year's rent is in arrears and unpaid, and the landlord or lessor to whom such rent is due has the right by law to re-enter for non-payment thereof, such landlord or lessor may, without any formal demand or re-entry, commence an action of ejectment for the recovery of the demised premises. In case judgment is entered in favor of the plaintiff in the action of ejectment before the rent in arrearage and costs of the action are paid, then the lease of the lands shall cease and be determined, unless the lessee shall by appeal reverse the judgment, or by petition filed within 6 months after the entry of such judgment, obtain relief from the same. However, any tenant may, at any time before final judgment on the ejectment, pay or tender to the landlord or lessor of the premises the amount of rent in arrears and costs of the action, whereupon the action of ejectment shall be dismissed
Operative Text
Rent in arrears - Re-entry. In all cases between landlord and tenant, where one-half year's rent is in arrears and unpaid, and the landlord or lessor to whom such rent is due has the right by law to re-enter for non-payment thereof, such landlord or lessor may, without any formal demand or re-entry, commence an action of ejectment for the recovery of the demised premises. In case judgment is entered in favor of the plaintiff in the action of ejectment before the rent in arrearage and costs of the action are paid, then the lease of the lands shall cease and be determined, unless the lessee shall by appeal reverse the judgment, or by petition filed within 6 months after the entry of such judgment, obtain relief from the same. However, any tenant may, at any time before final judgment on the ejectment, pay or tender to the landlord or lessor of the premises the amount of rent in arrears and costs of the action, whereupon the action of ejectment shall be dismissed.
Under 735 Ill. Comp. Stat. 5 § 9-204, when at least six months' worth of rent has gone unpaid and the landlord holds a legal right to re-enter the property for nonpayment, the landlord may file an ejectment action to recover the premises without first making a formal demand or physically re-entering. If a court judgment is entered for the landlord before the overdue rent and court costs are paid, the lease automatically terminates — unless the tenant successfully appeals or files a petition for relief within six months of that judgment. Importantly, the tenant retains the ability to stop the ejectment by paying or tendering all rent owed plus court costs at any point before a final judgment is entered.
Plain English — not legal advice.
Under 735 Ill. Comp. Stat. 5 § 9-204, a landlord who holds a contractual or statutory right of re-entry and is owed at least a half-year's unpaid rent may initiate an ejectment action directly, without a prior formal demand. Operators who pursue this path generally document the full arrearage amount and associated costs carefully, since a tenant's payment or tender of those amounts before final judgment will result in dismissal of the action. If judgment is obtained, landlords should be aware that the lease is not automatically extinguished if the tenant pursues a timely appeal or files a petition for relief within the six-month window the statute provides.
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 § 9-204 preserves a meaningful right for tenants facing ejectment: at any point before a final judgment is entered, a tenant may pay or formally tender the full amount of rent in arrears plus the costs of the action, which requires the court to dismiss the ejectment proceeding. Even after a judgment has been entered against a tenant, the statute allows up to six months to seek relief through a petition, or the judgment may be challenged through an appeal. Tenants in this situation may benefit from contacting a local tenant-rights organization or legal aid office to understand the procedural options available under this provision.
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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