An Illinois (IL) eviction notice is a document a landlord sends to their tenant to notify them that they may face eviction for violating the terms of the lease. Such violations include failure to pay rent on time and performing illegal activities on the premises.
If the tenant fails to comply with the eviction notice, the landlord may file a complaint with their local Circuit Court Clerk in the county where the property is located to begin eviction proceedings. In Illinois, an eviction proceeding is known as a Forcible Entry and Detainer Action.
For reference, an Illinois Eviction Notice may also be referred to as:
- Illinois Notice to Quit
- Illinois Notice to Pay Rent or Quit
- Illinois Notice to Vacate
- Illinois Lease Termination
Illinois Eviction Notice Types
5-Day Eviction Notice (Non-Payment): This eviction notice, also known as a 5 day notice to pay rent or quit, must be given to a tenant five days before proceeding with eviction in Illinois. 735 ILCS 5/9-209
Download: Word (.docx)
5-Day Eviction Notice for Non-Compliance (Incurable): This eviction notice, also known as a notice to vacate, is issued by the landlord to let the tenant know that they have breached the lease by engaging in illegal activity. This behavior is known as an incurable violation of the lease, and a landlord may give five days’ notice to vacate the premises. 735 ILCS 5/9-120
Download: Word (.docx)
10-Day Eviction Notice for Non-Compliance (Curable): This eviction notice, also known as a notice to vacate, is issued by the landlord to let the tenant know that they have breached the lease, and will be evicted unless the breach is rectified within 10 days. A lease violation that can be corrected is known as a curable lease violation, and the tenant must be given 10 days to fix the problem before the landlord can legally evict them. 735 ILCS 5/9-210
Download: Word (.docx)
7-Day Eviction Notice (Weekly Rent): This eviction notice, also known as a lease termination letter, is used by Illinois landlords to let their tenants know that they intend to terminate the lease agreement at the end of seven days. This notice must be given when terminating a lease where rent is paid each week. 735 ILCS 5/9-207
Download: Word (.docx)
30-Day Eviction Notice (Monthly or Quarterly Rent): This eviction notice, also known as a month-to-month lease termination letter, is used by Illinois landlords to let their tenants know that they intend to terminate the lease agreement at the end of 30 days. This notice must be given when terminating a lease where rent is paid month-to-month or quarterly (every three months). 735 ILCS 5/9-207
Download: Word (.docx)
60-Day Eviction Notice (Yearly Rent): This eviction notice, also known as a lease termination letter, is used by Illinois landlords that they intend to terminate a lease agreement at the end of 60 days. This notice must be given when terminating a lease where rent is paid on a yearly basis. 735 ILCS 5/9-205
Download: Word (.docx)
Illinois Eviction Laws and Requirements
- Eviction Lawsuit: 735 ILCS Article IX: Eviction
- Grace Period for Rent Payment: In Illinois, rent is due on the agreed upon date in the lease. If it’s not specified, Illinois law provides a 5-day grace period for late payment before a late fee may be charged. If rent is not paid within that period, a late fee of $20 or 20% of rent per 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 still not been paid after the 5-day period has passed, the landlord may also give tenant an eviction notice for non-payment. 770 ILCS 95/7.10(a)
- Late or Non-Rent Payment Notice: 5-day 735 ILCS 5/9-209
- Notice of Non-Compliance (Illegal Activity): 5-day 735 ILCS 5/9-120
- Notice of Non-Compliance: 10-day 735 ILCS 5/2-210
- Lease Termination (Month-to-Month): 30-day 735 ILCS 5/9-207
What is the Eviction Process in Illinois?
Step 1: Provide written notice
If a landlord wants to evict a tenant in Illinois, they must first provide written notice to the tenant, which states 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 (eviction) action 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 personal 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 along 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: This form is used by the judge to grant an eviction order. After the judge grants an eviction, the landlord can then take the Eviction Order to the Sheriff’s Department to remove the tenants from the property.
Eviction Information for Illinois Landlords and Tenants
Landlords
For landlords, Illinois Legal Aid Online is a good resource for filing an eviction case and general information on evicting a tenant.
The Illinois Attorney General has further provided a document of landlord and tenant rights that a landlord may reference.
Tenants
For tenants, Illinois Legal Aid Online is also helpful for eviction information and general responsibilities of a landlord.
U.S. Department of Housing and Urban Development has listed extensive resources for tenants facing eviction.
