Illinois Eviction Notice Requirements
Illinois eviction notices are set by the Eviction Act. Under 735 ILCS 5/9-209, a landlord gives a written demand for unpaid rent that allows at least five days after service to pay. For a default in other lease terms, § 9-210 allows a 10-day notice to quit. To end a month-to-month tenancy, the landlord gives 30 days' written notice under § 9-207. Chicago and suburban Cook County have their own ordinances that can add requirements.
A five-day notice must state the amount owed and that the lease will end unless it's paid. If the notice is to survive partial payments, it must prominently state that only full payment of the rent demanded waives the landlord's right to terminate, unless the landlord agrees in writing to accept partial payment. Under § 9-211, notice may be delivered to the tenant, left with a person 13 or older living at the home, or sent by certified or registered mail with a return receipt.
If the tenant doesn't pay, cure or leave, the landlord files an eviction case in circuit court. The state's official tenant rights guide warns that a landlord may not evict by locking a tenant out, changing the locks, removing belongings or turning off utilities. Only the sheriff, enforcing a court eviction order, can remove a tenant. Help with eviction cases is available through the Illinois courts and legal aid organizations.
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Illinois: common questions
How long does an Illinois tenant have to pay after a 5-day notice?
At least five days after the notice is served. If the tenant pays the full amount demanded within that time, the landlord cannot proceed on that notice. After the notice period ends without full payment, the landlord may file an eviction case. Accepting partial payment can undo the notice unless it carries the required full-payment statement.
What notice applies to a lease violation in Illinois?
A 10-day notice under 735 ILCS 5/9-210. It must describe the default and tell the tenant to deliver possession within 10 days. Illinois state law doesn't give a general right to cure, though suburban Cook County's ordinance gives tenants 10 days to fix the issue, and the lease may provide one.
How do I end a month-to-month tenancy in Illinois?
Give at least 30 days' written notice under § 9-207. In Chicago, the Fair Notice Ordinance requires 60 days' notice to end a tenancy for tenants who have lived there more than six months but less than three years, and 120 days for more than three years. It doesn't apply once an eviction for nonpayment or a lease violation has begun.
Can an Illinois landlord lock out a tenant who doesn't pay?
No. A landlord must file a lawsuit to evict, and the state's official tenant rights guide says it is illegal to evict by locking a tenant out, changing locks, removing belongings or shutting off utilities. Suburban Cook County's ordinance bans lockouts with no exceptions. File in circuit court and let the sheriff enforce the order.
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