I Need to Evict a Tenant for Drugs in My Unit. Where Do I Start?

Justin Abdilla Named Attorney, Abdilla and Associates · ARDC #6308444

700+ files across twelve years of practice. Handles closings, evictions, construction law, and zoning across 9 Illinois counties (Cook, DuPage, Kane, Will, Lake, Kendall, McHenry, McLean, Champaign). Last updated: September 2026.

In landlord-tenant matters I represent property owners only. I do not represent tenants. Tenants who need help can call Cook County Legal Aid for Housing and Debt at (855) 956-5763.

A detective calls you. The police think your tenant is selling drugs out of the unit. They tell you "you gotta get this person out of here before there's violence." You start noticing the property is getting patrolled and your occupants are dodging you. Maybe a neighbor warned you first. Cars stop at the back door all night, and each visit lasts two minutes. A new "boyfriend" moves in who is covered in ink and drives a G Wagon. Now you want the tenant out. You need the tenant out. You didn't sign up for someone to use your investment as a base of operations. You also want to do it right the first time.

I file more than 150 evictions each year. Drug cases do not quite follow the rules of a rent case. Illinois gives you a faster notice than the 10-day notice, and a stricter test at trial. This page explains both.

Why Is the 10-Day Notice the Wrong Tool in Chicago?

The 10-day notice is the standard notice for a lease violation. Statewide, it comes from 735 ILCS 5/9-210. In Chicago, the Residential Landlord and Tenant Ordinance (RLTO) adds a condition. Section 5-12-130(b) says the lease terminates on the stated date "unless the breach is remedied by the tenant within that period of time."

How does a tenant cure committing drug felonies? A cure right makes sense for a dog, a pile of trash or moving in another adult. It fits a drug operation badly. The tenant can say the dealing stopped on day three. Hooray? They still dealt drugs in your place. Crime cannot be remedied. Moral hazard is incurable for public policy reasons.

The RLTO does not cover every Chicago building. Section 5-12-020(a) excludes owner-occupied premises with six units or fewer. Only the notice rules in 5-12-130(j) and the lockout ban in 5-12-160 still apply there. In those buildings, the state 10-day notice under 9-210 carries no cure language. The 9-120 notice is still the stronger tool in both kinds of building. Basically, don't fall into the trap of calling it a lease violation. Felony conduct is a different beast.

Why use the 9-120 Criminal-Activity Notice

Section 9-120 is short. The operative sentence reads:

"If any lessee or occupant, on one or more occasions, uses or permits the use of leased premises for the commission of any act that would constitute a felony or a Class A misdemeanor under the laws of this State, the lease or rental agreement shall, at the option of the lessor or the lessor's assignee become void." 735 ILCS 5/9-120(a).

Drug dealing fits that sentence. Selling a controlled substance, or holding it for sale, is a felony at every quantity under 720 ILCS 570/401. Possessing a small amount of most controlled substances is also a felony, a Class 4 felony under 720 ILCS 570/402(c). Simple possession is a thinner case, but if the property is turning into a drug den, I doubt anyone there wants the heat.

There are only two limits. (1) The crime must happen on the premises, during the tenancy. Crimes committed before the lease or away from the unit do not trigger 9-120. (2) The tenant or another occupant has to be involved. If a guest deals, the tenant has to know about it. You can't evict a tenant just because a drug deal happened somewhere on the property.

You do not need special lease language. The statute says a written lease "shall notify" the tenant of this right. It then says the failure to include that language "shall not waive or impair the rights of the lessor." An oral lease works too. The state isn't doing favors to let people keep dealing drugs.

How to Serve the 9-120 Notice

1. Ask the detective what the police will give you in court. A named officer, a lab report, or nothing. Write the answer down.
2. Decide to void the lease. The statute makes that your option, not the court's.
3. Write the notice. Name every tenant and the unit. Describe the criminal acts, with dates. Cite 735 ILCS 5/9-120.
4. Give the tenant at least 5 days to vacate. We usually do just give 10 days because people agree to it.
5. Serve the notice under 735 ILCS 5/9-211. In Chicago, use personal service. Certified mail and posting invite problems.
6. Do not accept rent after you serve the notice.
7. If the tenant does not leave, file the eviction complaint under 9-120.

Section 9-120 carries two more benefits. First, the police can take the case off your desk. Section 9-120(b) lets you assign the eviction to a public office. The office must agree, and the assignment must be in writing. The offices are the Cook County State's Attorney and the City of Chicago's Corporation Counsel. You still pay the cost of the eviction. Ask the detective who called you whether that office takes these cases. I will be honest, I've never seen a public office take a case.

Second, the statute protects you if you lose. A court cannot award costs against you unless you sued in bad faith. Section 9-120(d) says a case is not in bad faith when you "based [your] cause of action on information provided to [you] by a law enforcement agency."

The Emergency Track Under 9-118

Illinois has a second track for drug cases. Section 9-118 needs no notice before you file. The court sets the hearing after 14 days. The court cannot continue the case more than 7 days past the first hearing date, unless both sides agree.

These are uphill. We file a verified complaint which you sign. It must allege "direct evidence" of drug activity in the unit. The activity must be by the people you sue, or with their knowledge and consent. I found no Illinois appellate decision that defines "direct evidence" under 9-118. A suspicion that a detective passed to you by phone is a weak foundation for a sworn complaint. But, your tenant being convicted of a felony for dealing cocaine or mob violence is pretty good evidence. You need the conviction in most cases.

9-118 is useful when you hold something concrete. A search that found drugs is concrete. An officer who watched sales is concrete. If drugs are found anywhere in the unit, 9-118(d-5) creates a rebuttable presumption. The law presumes that a tenant or occupant used or possessed the drugs. Or it presumes a tenant or occupant let the unit be used for them and knew or should have known. The tenant can cry about it to the judge.

A Police Tip Starts the Case but isn't the Evidence to Win It

A 9-120 case goes to trial like any other eviction. The judge decides by a preponderance of the evidence, under 9-120(e). That means more likely than not.

What the detective told you on the phone is hearsay. You cannot testify to it as proof. Police reports have the same problem. The Illinois Appellate Court put it this way in Camco, Inc. v. Lowery, 362 Ill. App. 3d 421 (2005): "Illinois courts have generally held that a police report is not admissible."

To carry a 9-120 trial you should look for the following evidence:

• The officer who saw it.
• The lab result if drugs were seized
• Your own observations in a journal
• Neighbors

You do not need a conviction. Convictions are proof beyond a reasonable doubt, not proof at a preponderance. The statute asks whether the act "would constitute a felony." It does not require an arrest, a charge, or a guilty plea.

Dropped charges do not end your case either. In U.S. Residential Management & Development, LLC v. Head, 397 Ill. App. 3d 156 (2009), the State dropped the criminal charges. A trial judge then threw out the eviction because the police search was illegal. The Appellate Court reversed. It held that the exclusionary rule does not apply in an eviction case. It sent the case back to the trial court. This is CIVIL procedure rather than CRIMINAL procedure.

Was It the Tenant or a Guest?

Section 9-120 reaches "any lessee or occupant" who "uses or permits the use" of the unit for a crime. If the tenant deals, the statute applies directly. If another occupant deals, it applies directly too. If a guest deals, you must show the tenant knew about it and permitted it.

Chicago landlords have often lost that fight. In Diversified Realty Group, Inc. v. Davis, 257 Ill. App. 3d 417 (1993), police found a drug grinder in a duffel bag. The evidence pointed to the tenant's older son, who did not live in the unit. The landlord served a 10-day notice under the RLTO. The court read the lease to require "some minimum connection with the unlawful conduct" by the tenant herself. The landlord lost because the adult son was probably hiding his use from his mom.

In American Apartment Management Co. v. Phillips, 274 Ill. App. 3d 556 (1995), police acted on an informant's tip. They found crack cocaine on the tenant's guest. The landlord served a 10-day notice and lost. The court found the lease's guest clause ambiguous and read it against the landlord who wrote it. How could the tenant have known what was in another guy's pocket?

Both tenants held federally subsidized leases. The federal rule for subsidized leases later changed, after Department of Housing and Urban Development v. Rucker, 535 U.S. 125 (2002). The lesson for a private lease still holds. Write the guest clause so a judge cannot call it ambiguous.

Five Traps That Sink a Drug Eviction

1. Accepting Rent After the Notice

Rent you accept after you learn of the breach can waive it (by ratification). The Illinois Supreme Court stated the rule in Midland Management Co. v. Helgason, 158 Ill. 2d 98, 102 (1994). Any act that "affirms the existence of a lease and recognizes a tenant as his lessee after the landlord has knowledge of a breach of lease results in the landlord's waiving his right to forfeiture of the lease." Everyone cites Helgason.

Do not accept rent after you serve the notice. Turn off automatic and online rent payments before you serve it. Turn off Zelle!

2. Building the Case on an Arrest

Illinois protects arrest records in housing. The Illinois Human Rights Act bars discrimination based on an arrest record in real estate transactions (775 ILCS 5/3-102). An "arrest record" includes an arrest that did not lead to a conviction. The same Act lets you prohibit tenants and guests "from engaging in unlawful activity on the premises" (775 ILCS 5/3-102.5). So write the notice about the conduct. Do not write "you were arrested." Be more detailed as to what occurred.

3. A Vague Notice

Describe the acts, the dates, and the unit. A notice that says only "illegal activity" invites a fight about what you meant. Lots of activity is illegal, for example, they could have been operating an unlicensed metal smelter in the property and making cast aluminum lampshades (an actual case I had in 2025).

4. Self-Help

Do not change the locks. Do not disable the garage door opener. Don't tow the car. Do not remove the tenant's property. Only a court order ends the tenant's possession, and only the Sheriff enforces it.

5. Section 8 Voucher Tenants

Federal rules apply on top of Illinois law. Under 24 C.F.R. 982.310(c)(3), you may evict for criminal activity "regardless of whether the covered person has been arrested or convicted." You must give the tenant written notice of the grounds. You must also send the housing authority a copy of any eviction notice (982.310(e)). My guide to evicting a Section 8 tenant covers the rest.

Legal Cannabis Is a Different Case

Adult-use cannabis is legal in Illinois, but is confusingly illegal federally. A tenant who smokes legal cannabis is not committing a felony. That is not a 9-120 case, and 9-118 reaches only unlawful cannabis activity.

Selling cannabis is a separate crime under the Cannabis Control Act. A small sale may be only a misdemeanor. It's more of a tax problem than a drug problem. This is more of a "smoking in the unit" violation, which is cured by the tenant no longer smoking in the unit and submitting professional cleaning receipts to deodorize the unit.

Your lease can still control it. Illinois law says "An owner or lessor of residential property may prohibit the cultivation of cannabis by a lessee" (410 ILCS 705/10-5). A lease ban on smoking in the unit is a lease term like any other. Enforce it with the 10-day notice, and expect a cure right in Chicago.

Frequently Asked Questions

Can I evict a tenant for dealing drugs in Illinois?

Yes. Under 735 ILCS 5/9-120, you may void the lease when a tenant or occupant uses the unit for a felony. Selling heroin, cocaine, or another controlled substance is a felony. Serve a written notice to vacate. If the tenant stays more than 5 days after receiving it, file the eviction. At trial, you must prove the drug activity by a preponderance of the evidence.

Is a call from the police enough to evict my tenant?

It is enough to serve the notice. It is not enough to win the trial. The officer's statement to you is hearsay. Subpoena the officer who saw the activity. Bring the lab report and your own dated observations. The statute does protect you from a bad-faith costs award when you rely on police information.

Does my tenant have to be convicted first?

No. Section 9-120 asks whether the act would constitute a felony. It does not require an arrest, a charge, or a conviction. Dropped charges do not end the eviction case. The eviction judge decides the facts.

Can my tenant stop dealing and keep the lease?

Section 9-120 gives the tenant no cure right. The lease becomes void at your option. The Chicago RLTO 10-day notice is different. It must give the tenant a chance to remedy the breach. That difference is the main reason to use the 9-120 notice in a drug case.

Can I evict my tenant for smoking marijuana?

Not under 9-120. Adult-use cannabis is legal in Illinois, so smoking it is not a felony. If your lease bans smoking in the unit, the smoking is a lease violation. Serve the 10-day notice for the lease violation. In Chicago, the tenant gets a chance to cure.

Related Reading

• My tenant used a fake identity, where 9-120 does not reach the application fraud
• Someone is living in my rental who is not on the lease
• How to evict a difficult tenant
• The Illinois eviction process, step by step
• Free eviction notices and landlord resources
• Chicago evictions at a $1,600 flat fee

Sources

• 735 ILCS 5/9-120, leased premises used in furtherance of a criminal offense
• 735 ILCS 5/9-118, emergency housing eviction proceedings
• 735 ILCS 5/9-210, notice to quit; 735 ILCS 5/9-211, service of notice
• 735 ILCS 5/9-106.2(f) and (g), barring persons from the property
• Chicago Municipal Code 5-12-020(a) and 5-12-130(b) (RLTO)
• 720 ILCS 570/401 and 570/402(c), Illinois Controlled Substances Act
• 775 ILCS 5/3-102 and 5/3-102.5, Illinois Human Rights Act
• 410 ILCS 705/10-5, Cannabis Regulation and Tax Act
• 24 C.F.R. 982.310, owner termination of tenancy (Housing Choice Voucher program)
• Midland Management Co. v. Helgason, 158 Ill. 2d 98 (1994)
• Camco, Inc. v. Lowery, 362 Ill. App. 3d 421 (2005)
• U.S. Residential Management & Development, LLC v. Head, 397 Ill. App. 3d 156 (2009)
• American Apartment Management Co. v. Phillips, 274 Ill. App. 3d 556 (1995)
• Diversified Realty Group, Inc. v. Davis, 257 Ill. App. 3d 417 (1993)
• Department of Housing and Urban Development v. Rucker, 535 U.S. 125 (2002)

Justin Abdilla Named Attorney, Abdilla and Associates · ARDC #6308444

700+ files across twelve years of practice. Handles closings, evictions, construction law, and zoning across 9 Illinois counties (Cook, DuPage, Kane, Will, Lake, Kendall, McHenry, McLean, Champaign). Last updated: September 2026.