Vivienda y Apartamento

Yes, many eviction cases end with an agreement. This usually requires three steps:

• The housing provider and the person at risk of eviction agree on the terms, 
• The parties write down their agreement on an agreed order form, and
• The parties ask the judge to enter the order.

An agreed order is a decision made by a judge based on the parties' agreement. The parties present their written agreement to the judge. If the judge signs it, the agreement becomes a court order that both sides must follow.

An agreed order in an eviction case means that a judge or jury did not decide whether the landlord had the right to evict the tenant. The parties reached their own agreement to settle the case. With an agreed order:

• The tenant can honestly say they have not been evicted and do not have an eviction on their record,
• The landlord can honestly say that all issues were resolved to their satisfaction, and
• The parties can request that the case be sealed immediately.

An eviction order is a judgment against the defendant. The eviction judgment may appear on a background or credit check and impact the defendant's ability to rent housing. Once an eviction order has been entered against a defendant, they may become ineligible for certain housing programs. This includes losing a housing choice voucher (HCV) if they have one. 

Do not use the Eviction Order form to write down an agreement. Use one of the statewide agreed order forms instead.

An agreed order may allow a housing provider to:

• Achieve their goal in the eviction case, whether that is possession of the property or getting paid overdue amounts while the tenant stays,
• Reduce time and cost spent in court,
• Avoid presenting documents or witness testimony at a trial,
• Prevent legal disputes about notice, service, or other legal requirements, and
• Resolve the problems giving rise to the eviction case without burdening the tenant with an eviction record.

An agreed order may allow a person at risk of eviction to:

• Achieve their goal in the eviction case, whether that is more time to move or to stay in the unit,
• Reduce the amount they owe, including any money they owe the housing provider, 
• Avoid having an eviction order entered against them if they comply with the agreement, and 
• Ask the judge to seal the case right away, without additional paperwork.

An eviction order affects eligibility for some housing programs. This can include losing a housing choice voucher (HCV). Resolving issues with an agreed order can limit long-term consequences from being a defendant in an eviction case.

Illinois courts have statewide order forms for eviction cases. These forms are written in plain language and include instructions.

The agreed order forms available in Illinois eviction cases are:

• Agreed Dismissal Order (Case May be Reinstated if Defendants Violate Agreement),
• Agreed Settlement Order with Status Date (Defendants Will Move), and
• Agreed Settlement Order with Status Date (Defendants Will Pay & Stay).

If the plaintiff chooses to dismiss the case without requiring further commitments from the defendant, there is an Order Granting Plaintiff’s Motion to Dismiss.

Yes, the statewide agreed order forms can be used in all residential eviction cases. This includes situations where one party has a history of domestic violence, dating violence, stalking, or sexual assault against another party. 

For survivors who are tenants, housing protections and emergency housing resources may be available. Landlords or property owners who are targeted by a tenant may be able to get a Stalking No Contact Order (SNCO).

Yes, reviewing an agreed order before it is entered is very important. Once the judge enters the order, it becomes a court order. Not following it may allow the other party to return to court and ask the judge to enforce it. Do not agree to any terms that are unrealistic.

When reviewing a completed agreed order, pay close attention to:

• The move-out date, if any, and any agreements about keys, belongings, inspections, or other move-out details,
• Any amount claimed as owed, the payment schedule, and what happens if a payment is missed,
• Whether the agreement includes dismissal or sealing of the case, and
• What events allow the housing provider to ask the judge to enter an eviction order.

Judges decide whether to enter and enforce agreed orders based only on what is filed and presented in court. If a party does not attend a court date, the judge may rule without hearing that party’s side. 

No, a judge hearing an eviction case is not required to accept the parties’ agreement. The judge may:

• Review the terms before signing,
• Ask the parties questions, and
• Make changes.

Once a judge signs an agreed order, it becomes a court order. The parties must follow the order. If they do not do so, there may be additional legal consequences.

Sometimes the parties resolve the dispute outside of court and do not need the judge to enter an order. In that situation, they may ask the judge to dismiss the case because there is no longer an issue for the court to decide.

The Agreed Settlement Order with Status Date (Defendants Will Move) and Agreed Settlement Order with Status Date (Defendants Will Pay & Stay) set a follow-up hearing. This follow-up hearing is also called a status or compliance date. Compliance means figuring out whether the people at risk of eviction did what they agreed to do. 

At a compliance hearing, a judge can:

• Use the statewide form for Dismissal After Compliance with Agreement (Compliance Order) to permanently dismiss an eviction case,
• Enter an Eviction Order, 
• Enter a Judgment for Money Only in Eviction Case, or 
• Continue the hearing to another date.

First, rank priorities in practical terms, for example:

• Moving out at a specific time,
• Staying and paying overdue amounts, 
• Ending the case without a payment agreement, or
• Dismissing and sealing the case.

Write down these details. Then, figure out which statewide agreed order form best fits the potential agreement. Work through all sections of the form carefully before meeting with the other side to discuss the case.

Before negotiating, also consider what will likely happen if no agreement is reached. Take another look at the proposed settlement terms and decide whether being more flexible about the outcome is worth it. If there is a clear point at which continuing with the case makes more sense than reaching an agreement, write that down as well.

When the parties have agreed to dismiss the case, use the statewide form called Agreed Dismissal Order (Case May be Reinstated if Defendants Violate Agreement). This type of agreed order dismisses the case and explains what the parties have agreed to do. The judge will not schedule a follow-up court date.

If the Agreed Dismissal Order (Case May be Reinstated if Defendants Violate Agreement) is used:

• The case will be dismissed,
• There will not be an eviction judgment against the tenant,
• The tenant can honestly say they were not evicted, and
• The order can ask the judge to seal the court file.

If the defendant fails to follow through on what they said they would do in an Agreed Dismissal Order (Case May be Reinstated if Defendants Violate Agreement), the landlord can file a motion to reinstate the case. 

Read the Agreed Dismissal Order (Case May be Reinstated if Defendants Violate Agreement) carefully to find:

• The deadline for the landlord to file a motion to reinstate the case (Section 7), and 
• What may happen if the landlord shows the tenant failed to follow through (Section 8).

If the case returns to court, the tenant can raise defenses to the landlord’s motion based on events that occurred after the agreed order was entered. 

When a person at risk of eviction agrees to move, use the statewide form called Agreed Settlement Order with Status Date (Defendants Will Move). This order sets a move-out date and a follow-up court date. It may also include a request to seal the court file.

The Agreed Settlement Order with Status Date (Defendants Will Move) can be used for agreements where, if the tenant moves out by the stated date:

• The case will be dismissed and sealed,
• No eviction judgment will be entered, and
• Any personal property the defendant leaves behind after the move-out date will be considered abandoned, and the landlord can dispose of it without further notice. 

The form includes room for agreeing on what happens if the tenant does not move out by the agreed date, such as:

• The housing provider will have an opportunity to let the judge know about the problem at the follow-up court date, and
• The judge may then enter an eviction order and a money judgment against the defendant.

When a tenant will stay and pay over time, use the statewide form called Agreed Settlement Order with Status Date (Defendants Will Pay & Stay).  This type of agreed order allows the tenant to remain in the unit while paying what they owe under a payment plan.

The Agreed Settlement Order with Status Date (Defendants Will Pay & Stay) can be used for agreements where, if the tenant pays as agreed:

• The case will be dismissed and sealed, and
• No eviction judgment will be entered.

The form includes room for agreeing on what happens if the tenant does not follow the payment plan, such as:

• The housing provider can tell the judge about the problem, and
• The judge may then enter an eviction order and a money judgment against the defendant.

Learn more about Dealing with unpaid rent.

No, the landlord has the right to ask the judge to dismiss their case. This is called a voluntary dismissal. Use the statewide form called Order Granting Plaintiff’s Motion to Dismiss.

Yes, Cook County requires specific statements on agreed orders in eviction cases if any party does not have a lawyer. The statements required for Cook County cases are on the statewide agreed order forms for eviction cases. These statements are:

• The defendant was given the Notice of Early Resolution Program (ERP), 
• The defendant understands they can speak to a free lawyer about the agreement before signing it,
• The defendant spoke with a lawyer and wants to sign the agreement, or chose not to speak with a lawyer and wants to sign the agreement anyway, and
• The defendant understands that a lawyer may not be able to help them after they have signed the agreement.

For help with legal questions about eviction, use Get Legal Help to find local resources.

When safety is a concern in shared living situations, including roommates, romantic partners, and adult family members who are part of the same household, contact:

• The Illinois Domestic Violence Hotline at (877) 863-6338, or
• The National Domestic Violence Hotline at (800) 799-7233.