An Illinois eviction notice is a formal letter from a landlord to a tenant indicating a breach of lease terms, such as unpaid rent or illegal activities on the property. For legality, it details the violation, remedy steps, and a deadline for action or vacating. Failure to comply allows the landlord to start court eviction proceedings. According to 735 ILCS Article IX: Eviction, this notice is the first legal step in ensuring compliance or reclaiming the property.
By Type
5-Day Eviction Notice for Non-Payment
Use this notice to inform tenants of rent arrears and give them five days to pay before termination.
10-Day Eviction Notice for Non-Compliance
Use this notice to inform tenants of lease violations, giving 10 days to vacate before eviction.
7-Day Notice Lease Termination
Use this notice to formally terminate week-to-week lease agreements, ensuring legal compliance.
30-Day Notice Lease Termination
Use this letter to inform monthly or quarterly tenants of lease termination, requiring 30-day notice before eviction.
60-Day Notice Lease Termination
Use this letter to formally end year-to-year tenancies or notify non-renewal of leases.
Eviction Laws and Requirements
- Eviction Lawsuit: 735 ILCS Article IX: Eviction.
- Grace Period for Rent Payment: If it’s not specified in the lease, Illinois law provides a 5-day grace period for late payment before a fee may be charged. If rent is not paid within that period, a late fee of $20 or 20% of rent/month (whichever is greater) may be due, as long as the amount and conditions of late fees are specified in the lease. If rent has not been paid after the 5 days, the landlord may also give the tenant an eviction notice for non-payment (770 ILCS 95/7.10(a)).
- Late or Non-Rent Payment Notice: 5 days (735 ILCS 5/9-209).
- Notice of Non-Compliance (Illegal Activity): 5 days (735 ILCS 5/9-120).
- Notice of Non-Compliance: 10 days (735 ILCS 5/2-210).
- Lease Termination (Month-to-Month): 30 days (735 ILCS 5/9-207).
How to Evict a Tenant in Illinois
In Illinois, the law that governs eviction procedures is also known as the Forcible Entry and Detainer Act, 735 ILCS 5/9.
Step 1: Provide Written Notice
To evict a tenant in Illinois, the landlord must first provide written notice to the tenant, which should state the potential reason(s) for eviction based on non-payment of rent, non-compliance, or termination of a month-to-month tenancy.
Step 2: File for Eviction
If the tenant fails to respond by the required time and remains at the premises in breach of the lease, the landlord will file a Forcible Entry and Detainer Action (eviction) with the Local Circuit Court in the county where the property is located.
Step 3: Send Court Summons
The landlord will then provide a filing fee of $234 and three copies of the Complaint and Summons (available through the county court): one for the court clerk, one for their records, and one for the sheriff to serve on the tenant.
In Illinois, electronic filing is the standard method of filing for civil cases. Unless the landlord has received an exemption to file in person, these forms must be e-filed. Forms may be e-filed at the courthouse for anyone who doesn’t have access to a computer.
Step 4: Contact the Sheriff
Once the Complaint and Summons have been filed with the court, the landlord will provide a copy to the sheriff, who will serve the documents on the tenant. The sheriff charges an additional fee of $60 for the service, which the landlord is also responsible for. Once the tenant has been served, they should respond to the landlord’s claims with the Answer form.
Step 5: Attend the Eviction Hearing
The court will then schedule a date for the landlord and tenant to appear. If the tenant doesn’t appear, or if the judge rules in favor of the landlord, the judge will issue an Eviction Order that requires the tenant to move out by a certain date. If the tenant still fails to leave the property, the landlord should give the Eviction Order to the sheriff, who will enforce the order and complete the eviction.
Related Illinois Court Forms
- Eviction Summons: A Summons notifies the tenant that they are being sued and provides them with information on a response deadline and how to plead their case in court.
- Eviction Complaint: An Eviction Complaint begins the eviction process and is filed with the Court to start the case. It is also served on the tenant with the Summons to explain why they are being sued for eviction.
- Answer/Response to Complaint: The tenant responds with this form by the date set in the summons and must agree to or deny the statements made in the complaint.
- Eviction Order: The judge uses this form to grant an eviction order. After the judge grants an eviction, the landlord can take the Eviction Order to the Sheriff’s Department to remove the tenants from the property.
