Illinois Eviction Notice

Landlords issue an Illinois eviction notice as a formal document to inform tenants of a breach of lease terms, such as unpaid rent or illegal activities on the property. Furthermore, 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.

Types of Illinois Eviction Notices

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

Short-Term Notices (5 Days)

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

Standard Notices (10 Days)

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

Long-Term Notices (30 Days)

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

Grounds for Eviction

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

Non-Payment of Rent: If rent is not paid within the specified timeframe
Lease Violations: If tenants violate the terms of the lease
Illegal Activity: If tenants engage 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 landlords may charge a late fee. Furthermore, if rent remains unpaid after this period, landlords 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 tenants, detailing the reason for eviction and the time frame for compliance.

Step 2: File for Eviction

If tenants do not comply with the notice, landlords may file a Forcible Entry and Detainer Action (eviction) with the Local Circuit Court. Additionally, landlords must provide a filing fee and copies of the Complaint and Summons.

Step 3: Serve the Tenant

Landlords must deliver the court documents to tenants, typically through the sheriff’s department. Furthermore, this process incurs an additional fee.

Step 4: Attend the Eviction Hearing

Courts will schedule a court date for landlords and tenants to present their cases. Moreover, if judges rule in favor of landlords, they will issue an Eviction Order.

Step 5: Enforce the Eviction Order

If tenants do not vacate by the specified date in the Eviction Order, landlords may enlist the sheriff to enforce the order. Consequently, this removes tenants from the property.

How to Write an Eviction Notice

Required Information

When drafting eviction notices, landlords should include the following information:

Tenant’s full name and address
Specific lease violation or balance due
Date of termination
Landlord’s printed name, signature, and address
Date and method of notice delivery

Legal Compliance Standards

Additionally, eviction notices must comply with Illinois statutes. Therefore, landlords should ensure all required elements are present and accurate. Furthermore, notices should use clear, understandable language that tenants can easily comprehend.

Serving an Eviction Notice

Acceptable Service Methods

Landlords can serve eviction notices using the following methods:

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

Service Documentation

Moreover, landlords must document the service method used. Therefore, proper documentation includes the date, time, and method of delivery. Additionally, landlords should keep copies of all return receipts or proof of service for their records.

Important Considerations

Legal Compliance Requirements

Landlords cannot forcibly remove tenants without following proper legal procedures. Additionally, all eviction notices must comply with Illinois state laws and local ordinances. Furthermore, landlords should consult with legal professionals to ensure compliance with current regulations.

Timeline Expectations

The eviction process typically takes several weeks to complete. Moreover, court schedules and tenant responses can affect the timeline. Therefore, landlords should plan accordingly and maintain patience throughout the process.

Statutes

765 ILCS 710/1 – Statement of damage
765 ILCS 710(c) – Statement of damage
765 ILCS 715/1
765 ILCS 715/2
735 ILCS 5/9-102 – When action may be maintained
735 ILCS 5/9-205 – Notice to terminate tenancy from year to year
735 ILCS 5/9-207(a) – Notice to Terminate a Week-to-Week Lease
735 ILCS 5/9-207(b) – Notice to Terminate a Month-to-Month Lease
735 ILCS 5/9-207.5 – Termination of bona fide leases in residential real estate in foreclosure
735 ILCS 5/9-209 – Demand for rent – eviction action
735 ILCS 5/9-210 – Notice to quit
735 ILCS 5/9-213.1 – Duty of landlord to mitigate damages
735 ILCS 5/9-318 – Seizure of Crops for Unpaid Rent
765 ILCS 705/25 – (Text of Section from P.A. 103-840) Disclosure of potential flooding in rental and lease agreements
765 ILCS 735/1.4 – Prohibition on termination of utility service by landlord
765 ILCS 750/1 – Short Title
765 ILCS 750/5 – Purpose
765 ILCS 740/5 – Disclosure of utility payments included in rent
765 ILCS 742/5 – Repair; deduction from rent
765 ILCS 750/20 – Change of Locks
765 ILCS 750/27 – Nondisclosure, Confidentiality, and Privilege
765 ILCS 720/1 – [Repealed Effective 1/1/2025]
770 ILCS 95/7.10 – Late Fees
420 ILCS 46/26 – Disclosure of radon hazard to current and prospective tenants
810 ILCS 5/3-806
765 ILCS 705/25(b) – Application Fees
765 ILCS 710/1.2 –
765 ILCS 750/15 – Domestic Violence Situations
765 ILCS 735/1.1 – Lanlord’s Duties
Chicago Municipal Code 5-12-070 – Landlord’s responsibility to maintain
760 ILCS 735/1.2 – Tenant’s Duties
765 ILCS 720 – Retaliation

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.