What Should Landlords Do if a Tenant Appeals an Eviction Order?

 Posted on September 26, 2026 in Civil law

When a tenant appeals an eviction order in Illinois, the landlord's first job is to find out whether the tenant also obtained a stay preventing enforcement. The second is protecting the deadline on the eviction order, which stays in place while the tenant appeal is in process. If a tenant has appealed your eviction order in 2026, a Naperville, IL landlord eviction lawyer can help you figure out what you need to do next. 

Does an Appeal Stop an Eviction in Illinois?

An appeal by itself does not stop an eviction in Illinois. Filing a notice of appeal starts a review of the judge's decision to evict. It does not undo the eviction order or tell the sheriff to stand down.

To actually stop an eviction order, the tenant has to ask for a stay. That request usually goes to the trial judge first. If the judge says no, the tenant can ask the appellate court. Even if a stay is granted, judges often attach conditions to it. A common condition is requiring the tenant to keep paying the monthly rent or to post a bond covering what the landlord loses while the appeal moves forward.

How Long Does a Landlord Have to Enforce an Eviction Order?

You have 120 days to enforce an eviction order. Under 735 ILCS 5/9-117, no eviction order may be enforced more than 120 days after it is entered, unless you file a motion asking the court to extend that period and the judge grants it. The motion has to include a specific written notice to the tenant.

An appeal can easily eat through 120 days. If the clock runs out and the landlord doesn’t ask for an extension, the order becomes unenforceable. At that point, you will need to start the eviction case over from the beginning.

What Should a Landlord Do After a Tenant Files an Eviction Appeal?

A few steps protect your position without requiring you to respond to the appeal itself:

• Pull the docket and check whether a stay was entered, then read its exact conditions.

• Put the 120-day enforcement deadline on your calendar and set a reminder well before it.

• Confirm the sheriff still has the order and ask where it sits in the queue.

• Ask the court to set an amount the tenant must pay to remain in the unit during the appeal.

• Keep a written record of every payment received and what it was applied to.

• Continue routine maintenance and handle repair requests in writing.

An attorney can read the stay order, confirm what it actually requires, and move fast if the tenant stops meeting its terms.

Can a Landlord Accept Rent While an Appeal Is Pending?

Accepting a full monthly rent payment after a judgment can be argued as reinstating the tenancy and giving up the eviction order. The safer approach is to treat incoming money as use and occupancy rather than rent. Say so in writing when you receive it. Better still, ask the court to set the amount and the terms, so the payment happens under a court order instead of a private arrangement the tenant can later characterize differently.

Handling Partial Payments

Partial payments carry the same risk with less upside. If a partial payment arrives, document the date, the amount, and what it was applied to. Do not issue a receipt that labels it rent, and do not let further payments be made without a written agreement.

Schedule a Free Consultation With Our DuPage County, IL Landlord Eviction Attorneys

At Appelman Law LLC, we can check whether a stay was really entered, protect the 120-day enforcement window, and ask the court to set payment terms so money coming in does not undercut your judgment. 

Contact us at 630-717-7801 to schedule your free consultation with our Naperville, IL landlord eviction lawyers today. Our attorneys are available by phone 24 hours a day, seven days a week.