HomeRocketRent Logo

Illinois Eviction Notice

An Illinois eviction notice is a formal document issued by a landlord to inform a tenant of a breach of lease terms, such as unpaid rent or illegal activities on the property. This notice serves as the first legal step in the eviction process, detailing the violation, required corrective actions, and a deadline for compliance or vacating the premises.

Illinois Eviction Notice

Illinois Eviction Notice

Types of Illinois Eviction Notices

In Illinois, the type of eviction notice issued depends on the reason for the eviction. The main types include:

5-Day Notice to Quit

  • Purpose: For tenants who fail to pay rent.
  • Notice Period: 5 days to pay the past due rent or vacate the premises.
  • Legal Reference: 735 ILCS 5/9-209.

5-Day Notice to Quit (Unlawful Activity)

  • Purpose: For tenants involved in illegal activities on the premises.
  • Notice Period: 5 days to vacate.
  • Legal Reference: 735 ILCS 5/9-120.

10-Day Notice to Comply or Vacate

  • Purpose: For tenants who violate lease terms that are curable.
  • Notice Period: 10 days to correct the violation or vacate.
  • Legal Reference: 735 ILCS 5/9-210.

30-Day Notice to Quit

  • Purpose: To terminate a month-to-month tenancy.
  • Notice Period: 30 days to vacate.
  • Legal Reference: 735 ILCS 5/9-207.

Eviction Laws and Requirements

Landlords must adhere to specific laws and requirements when issuing eviction notices. The grounds for eviction in Illinois include:

  • Non-Payment of Rent: If rent is not paid within the specified timeframe.
  • Lease Violations: If the tenant violates the terms of the lease.
  • Illegal Activity: If the tenant engages in illegal activities on the property.
  • Termination of Tenancy: For month-to-month tenancies, landlords must provide a 30-day notice.

Grace Period for Rent Payment

If the lease does not specify a grace period, Illinois law provides a 5-day grace period for late rent payments before a late fee may be charged. If rent remains unpaid after this period, the landlord may issue a 5-day eviction notice for non-payment.

Eviction Process in Illinois

The eviction process in Illinois involves several steps:

Step 1: Provide Written Notice

Landlords must serve the appropriate eviction notice to the tenant, detailing the reason for eviction and the time frame for compliance.

Step 2: File for Eviction

If the tenant does not comply with the notice, the landlord may file a Forcible Entry and Detainer Action (eviction) with the Local Circuit Court. The landlord must provide a filing fee and copies of the Complaint and Summons.

Step 3: Serve the Tenant

The landlord must deliver the court documents to the tenant, typically through the sheriff’s department, which incurs an additional fee.

Step 4: Attend the Eviction Hearing

A court date will be scheduled for the landlord and tenant to present their cases. If the judge rules in favor of the landlord, an Eviction Order will be issued.

Step 5: Enforce the Eviction Order

If the tenant does not vacate by the specified date in the Eviction Order, the landlord may enlist the sheriff to enforce the order and remove the tenant from the property.

How to Write an Eviction Notice

When drafting an eviction notice, landlords should include the following information:

  1. Tenant’s full name and address.
  2. Specific lease violation or balance due.
  3. Date of termination.
  4. Landlord’s printed name, signature, and address.
  5. Date and method of notice delivery.

Serving an Eviction Notice

Landlords can serve eviction notices using the following methods:

  1. Hand delivery to the tenant.
  2. Hand delivery to a person aged 13 or older at the property.
  3. Delivery by registered or certified mail with return receipt requested.
  4. Posting at a conspicuous place on the premises if abandoned.

Statutes

FAQs

In Illinois, there are several types of eviction notices, including the 5-Day Notice to Quit for non-payment of rent, the 10-Day Notice to Comply or Vacate for lease violations, the 14-Day Notice to Comply specifically for Chicago, the 5-Day Notice to Vacate for illegal activities, the 10-Day Notice to Vacate for incurable lease violations, and the 30-Day Notice to Vacate for month-to-month tenancies.

The response time for a tenant in Illinois varies based on the type of eviction notice. For a 5-Day Notice to Quit, the tenant has 5 days to pay rent or vacate. For a 10-Day Notice to Comply, the tenant has 10 days to correct the lease violation, and for a 30-Day Notice to Vacate, the tenant has 30 days to move out.

To evict a tenant in Illinois, a landlord must first provide a written eviction notice. If the tenant does not comply, the landlord can file a complaint with the local circuit court, serve the tenant with a summons, and attend a court hearing. If the court rules in favor of the landlord, an eviction order will be issued.

Yes, a landlord can evict a tenant for lease violations in Illinois. Depending on the severity of the violation, the landlord may issue a 10-Day Notice to Comply or Vacate, allowing the tenant time to correct the issue, or a 10-Day Notice to Vacate for incurable violations.

In Illinois, an eviction notice can be served through hand delivery to the tenant, delivery to a person at least 13 years old at the property, or by registered or certified mail with return receipt requested. If the premises are abandoned, the notice can be posted at a conspicuous place on the property.

If a tenant does not comply with an eviction notice in Illinois, the landlord can file an eviction lawsuit in the local circuit court. The court will schedule a hearing, and if the judge rules in favor of the landlord, an eviction order will be issued, allowing the sheriff to enforce the eviction.

Yes, Illinois law provides a 5-day grace period for rent payment if not specified in the lease. If rent is not paid within this period, the landlord may issue a 5-Day Notice to Quit for non-payment.

An Illinois eviction notice must include the tenant’s full name and address, the specific lease violation or reason for eviction, the date of termination, the landlord’s printed name and signature, and the date and method of delivery.