What Is an Illinois Eviction Notice?
An Illinois eviction notice is a written notice from a landlord to a tenant to address a problem with the tenancy. It tells the tenant what issue needs to be fixed. This could be unpaid rent or a violation of a lease agreement. The notice also sets a deadline and gives the tenant a chance to fix the issue or move out before the landlord files a forcible entry and detainer case.
In Illinois, landlords must serve this notice before they can officially file an eviction case in court. The notice must clearly explain the reason for eviction and how long the tenant has to respond. The exact notice that is required depends on the situation and the type of lease. You can use Legal Templates’s free Illinois eviction notice to create a notice that fits your situation.
To reduce the risk of future eviction issues, landlords in Illinois can screen tenants with a rental application before approving a lease.
Types of Illinois Eviction Notice Forms
Landlords in Illinois must choose the correct notice based on the issue with the tenancy. Some notices are used when a tenant violates the lease, while others are used to end a rental agreement without a violation.
Each notice, however, gives the tenant a set amount of time to respond before the landlord can take the next step. Choosing the right notice is very important, as selecting the wrong one may delay the eviction process in Illinois.
5-Day Eviction Notice in Illinois (For Nonpayment of Rent)
A 5-day notice to pay rent or quit is used when a tenant does not pay rent. Illinois law requires landlords to give tenants 5 days to pay the full rent owed or move out (735 ILCS 5/9-209).
Your 5-day eviction notice in Illinois must include the exact amount of rent owed. Before serving the notice, landlords may provide a notice of the current rent balance to document the amount owed. If the tenant pays within five days, the lease continues. However, if they fail to pay, the landlord may file for eviction.
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 in Illinois (For Noncompliance)
A 10-day notice to quit for noncompliance applies when a tenant violates the lease for reasons other than unpaid rent, such as:
- Property damage
- Unauthorized occupants
- Illegal activities
Landlords must include a clear explanation of the lease violation within the notice. Note that Illinois does not always require landlords to let tenants fix lease violations before ending the tenancy under 735 ILCS 5/9-210.
10-Day Eviction Notice for Non-Compliance
Use this notice to inform tenants of lease violations, giving ten days to vacate before eviction.
What If You Need to Terminate a Lease Instead?
If you need to end a tenancy without claiming a lease violation, Illinois requires different notice periods depending on the rental agreement. Use the appropriate termination notice below:
- 7-day notice for ending a week-to-week tenancy
- 30-day notice for ending a month-to-month or quarter-to-quarter tenancy
- 60-day notice for ending a year-to-year tenancy
How to Evict Tenants in Illinois
You need to follow the proper legal process for evicting a tenant under 735 ILCS 5/9. Landlords must complete each of the following steps in order. If you skip a step or use the wrong notice, the court may dismiss your case. Note that the eviction process in Illinois may take anywhere from several weeks to several months.
Step 1 – Send the Tenant a Notice
Start by giving the tenant a written eviction notice that matches the situation:
- A 5-day eviction notice in Illinois if the tenant has not paid rent
- A 10-day eviction notice in Illinois if they violate the lease in any other way
You must make sure the tenant receives the notice. Landlords in Illinois can usually serve this notice by personal delivery, certified mail, or by posting it at the rental property. The notice period usually begins the day after the tenant receives the notice.
Step 2 – Wait for the Tenant’s Response
After serving the notice, you must wait until the notice period ends. During this time, the tenant may choose to pay the rent, fix the issue, or move out voluntarily. If the tenant resolves the issue within the deadline, the eviction process may stop. If they do not respond or refuse to leave, you can move forward with filing an eviction case.
Step 3 – File for Eviction
If the tenant does not comply, you can file an eviction case, called a Forcible Entry and Detainer action, in the circuit court where the property is located. To start this case in Illinois, you will need to complete and file an eviction complaint and pay a filing fee. Note that the filing requirements and fees may vary by county. Be sure to check with your local circuit court clerk for exact instructions.
Illinois courts generally require landlords to file documents electronically unless you qualify for an exemption. If you do not have access to a computer, many courthouses offer public terminals for e-filing.
Step 4 – Send a Court Summons
After you file your case, you will need to notify the tenant officially. This can be done via the delivery of a summons and complaint, which tells the tenant about the lawsuit and when to appear in court.
You’ll need to prepare copies of these documents for the court, your records, and for delivery to the tenant. The courts may also charge fees for filing and service. In Illinois, you cannot deliver these papers yourself. A county sheriff, a court-approved process server,or a process server will handle delivery to make sure it is done correctly under the law.
Step 5 – Receive an Eviction Order
After the tenant is served, the court will review the case and decide the outcome. The tenant may also file an answer to the complaint to respond to the case and present a defense. If they present a defense, the court may schedule additional hearings before making a final decision.
If the tenant does not appear in court, the judge may issue a default judgment in favor of the landlord. If the tenant does appear, the court may schedule a hearing or trial before making a decision.
If the court rules in favor of the landlord, they will issue an eviction order. This order sets a final deadline for the tenant to move out. If the tenant does not leave on time, the landlord can request enforcement. The sheriff may then carry out the eviction by removing the tenant from the property.
Only law enforcement can perform a physical eviction (forcible removal). Landlords in the state of Illinois cannot remove tenants themselves.
In some cases, landlords and tenants may agree that the tenant will move out voluntarily in exchange for payment, often called a cash-for-keys agreement.
Sample Illinois Eviction Notice Form
View a sample Illinois eviction notice form below to see how to list the reason for eviction and include other required details. Once you’re ready, use our step-by-step questionnaire to create and download yours in PDF or Word format.