House & Apartment

The Illinois courts provide Agreed Order forms for eviction cases. These forms help landlords and tenants resolve eviction cases.

What is an Agreed Order?

An Agreed Order is a decision made by a judge based on the agreement of two parties in a lawsuit. The parties present the agreement to the judge. If the judge signs off on the agreement, it becomes an Agreed Order.

How can an Agreed Order help renters and landlords?

Both parties benefit from using an Agreed Order. 

Eviction cases can be confusing and stressful. With an Agreed Order, the tenant A person who rents a space and landlord An owner of property who rents it out to a tenant know exactly what the eviction court outcome will be. 

Using an Agreed Order can help tenants who hold a Housing Choice Voucher (HCV) keep receiving assistance. If the tenant can stay in the unit, this means the housing authority can continue paying the landlord. When the outcome requires the tenant to move, protecting the tenant's access to voucher programs helps the tenant have resources to move.

Benefits of using an Agreed Order for landlords

For landlords, settlement can help reduce the burden of going to eviction court. 

The rules for eviction are very important. The judge will want to know if the landlord provided notice correctly. 

Eviction cases are civil litigation, and parties have a right to pre-trial When the issues of a case are heard in court and decided by a judge or jury discovery When parties exchange and gather information about each other's cases before the case goes to trial and a trial by jury. During the court process, the tenant can stay in the unit. 

Even if the court enters a judgment An official decision by a court that ends the dispute between parties against the tenant, the landlord must pay a fee to the sheriff A county officer who can serve people with summons. They can evict someone with a court order. and then wait a number of days or weeks for the sheriff to evict the renter. 

Benefits of using an Agreed Order for tenants

Renters who settle To resolve a case before finishing a trial their case without a trial may be able to negotiate:

• Time to move (if they must move),
• Reduced rent due (if any), 
• Reduced court costs The fees for going to court, including filing, serving, and getting transcripts and attorney’s fees that may be assessed against them (if any), 
• An agreement to seal the case, and
• A court outcome that isn't a judgment against the renter.

Once an eviction case is filed, it becomes part of the public record, even if the renter wins or has the case dismissed Cases dismissed with no further action anticipated. . 

Eviction judgments can result in a tenant losing their housing voucher. Solving issues with an Agreed Order can help the tenant keep their assistance even if they have to move.

What are the Agreed Order forms?

Agreed Order forms in eviction cases can help landlords and tenants come to agreements in eviction cases.

The forms are written in plain language and include instructions. They are designed for use by people without lawyers. All Illinois courts are required to accept these forms.

How do the Agreed Order forms work?

An Agreed Order should include every detail of the agreement between the landlord and tenant. Anything that isn't included in the order isn't part of the agreement.

Read the agreement carefully before giving it to the judge. If you don't understand an Agreed Order, you can ask for an explanation or get legal help. If you think you're being pressured to sign something, remember that either side always has the right to stop negotiating and have a trial. 

Tenant agrees to move

The form to use when the tenant agrees to move is called Agreed Settlement Order with Status Date (Defendants Will Move). This type of Agreed Order sets a move-out date and follow-up court date.

If the renter moves out on time:

• The case will be dismissed,
• There won't be an eviction judgment against the tenant,
• The tenant can honestly say they weren't "evicted," and
• The order can ask the judge to seal the court file, keeping the eviction from being seen by future landlords or jobs.

Picking a realistic move-out date is important. If the renter doesn't move out on time, the court will enter an Eviction Order, and the public record will show a judgment against the tenant. The landlord will still have to pay the sheriff and set an eviction date to complete moving the tenant out.

Pay and stay

The form to use when the tenant will stay in the unit and pay over time is called Agreed Settlement Order with Status Date (Defendants Will Pay & Stay). This type of Agreed Order allows the tenant to keep living in the unit and sets up a payment plan for overdue rent.

If the tenant pays according to the agreement:

• The case will be dismissed,
• There won't be an eviction judgment against the tenant,
• The tenant can honestly say they weren't "evicted," and
• The order can ask the judge to seal the court file, keeping the eviction from being seen by future landlords or jobs.

Choosing a manageable payment plan is important. If the renter doesn't pay according to the plan, the court will enter an Eviction Order, and the public record will show a judgment against the tenant. The landlord will still have to pay the sheriff and set an eviction date to complete moving the tenant out.

Case dismissed for now

The form to use when the parties agree the case can be dismissed for now is called Agreed Dismissal Order (Case May Be Reinstated if Defendants Violate Agreement). This type of Agreed Order ends the court case and protects both parties.

If this form is used:

• The case will be dismissed,
• There won't be an eviction judgment against the tenant,
• The tenant can honestly say they weren't "evicted," and
• The order can ask the judge to seal the court file, keeping the eviction from being seen by future landlords or jobs.

Renters should be careful not to waive To give up a legal right or pardon a fee or give up any rights to present defenses in court if the case is reinstated. 

Other eviction orders

There may be other eviction orders that apply in your case. For a list of all available eviction orders and information about how to use them, visit the Illinois Courts Statewide Approved Eviction Court Forms.