The Illinois eviction notice is a letter the landlord issues to the tenant to inform them to leave the property before the deadline provided in the notice. The landlord should also inform the tenant of the reasons for the eviction and optionally give them instructions for curing the violation and stopping the eviction.
If the tenant doesn’t fix the violation and leaves the property, the landlord can move on and initiate the official eviction procedure before the Illinois court.
Types of Eviction Notices in Illinois
The landlord should choose the appropriate type of eviction notice depending on the type of lease and the reasons for the eviction.
Notice to Pay Rent or Quit
In Illinois, the tenant can be evicted for not paying the rent. The landlord must first issue the eviction notice, giving them at least 5 days to pay the default rent or vacate the property. If the tenant does neither, the landlord can file an eviction lawsuit.
Notice for Non-Compliance
If the tenant violates any of the terms of the lease agreement or the Illinois landlord-tenant laws, the landlord can use it as a reason to evict the tenant. However, the landlord must give the tenant at least 10 days to remedy the violation or leave the property.
Notice for Illegal Activity
In case the tenant commits any illegal activity on the premises, such as possessing or selling illegal substances or prostitution, the landlord can issue an eviction notice. The landlord must give them at least 5 days to vacate the rental unit without the possibility of remedy.
Notice for Ending the Month-to-Month Lease
The landlord can send an eviction notice to end the holdover tenancy or the periodic tenancy (e.g., week-to-week, month-to-month, etc.). The landlord must give the tenant at least 30 days to leave the property. Moreover, the landlord doesn’t need a specific reason for ending the lease since there is no lease term set.
Eviction Laws and Requirements in Illinois
Laws & Requirements
Rent Payment Grace Period. Not provided. 5 days for the late fee charge. (770 ILCS 95/7.10(a))
Eviction notice for rent non-payment. 5 days (735 ILCS 5/9-209)
Eviction notice for non-compliance. 10 days (735 ILCS 5/2-210)
Eviction notice for illegal activity. 5 days (735 ILCS 5/9-120(d))
Periodic (Month-to-Month) lease termination. 30 days (735 ILCS 5/9-207(b))
Eviction procedure. Eviction Article IX – Eviction
When is Rent Late in Illinois?
The Illinois Statute provides that the rent is late as soon as the due date is over. According to state law, there is no legal grace period. Therefore, it is important that the parties precisely determine the rent payment due date and, optionally, the grace period.
In practice, that means that if the due date is determined to be the first day of each month, the rent is considered late as of the second day of the month unless the lease agreement provides otherwise.
Grounds for Eviction in Illinois
There are a few reasons the landlord can use to evict the tenant in Illinois, namely:
Grounds for Eviction
When the tenant is late with their rent payment
If the tenant violates any of the terms of the lease agreement or the Illinois landlord-tenant laws
If the tenant uses the leased unit for illegal activities, such as drug trafficking or prostitution
In the event that the tenant continues to lease the property after the lease term is over (tenancy at will) or if the tenant resides at the property based on the month-to-month lease, the landlord can issue the eviction notice to the tenant and terminate the lease without providing any reasons.
Eviction Process in Illinois
Below are the steps of the eviction process in Illinois, from the moment the landlord issues the notice to the tenant until the tenant gets evicted.
#1. Write a Notice
Before starting the eviction process before the court, the landlord must issue the eviction notice to the tenant. They must inform the tenant about the reasons for the eviction, give them the deadline to leave the property, and in some cases, give them the option to remedy the violation and stop the eviction.
#2. File the Complaint
If the tenant remains at the property after the deadline provided in the eviction notice, the landlord can file a lawsuit before the Illinois court. The landlord files the complaint with the Local Circuit Court, according to the location of the leased property. When filing the complaint, the landlord must also attach the summons and pay the filing fee.
#3. Serve the Tenant
The court then serves the complaint and the summons to the tenant, informing them that there is an eviction lawsuit filed against them. The tenant will then have the opportunity to counter the landlord’s claims by filing the answer form with the court.
#4. The Court Holds a Hearing and Issues the Judgment
If the tenant doesn’t contest the landlord’s claims by submitting the answer form, they will have another opportunity to fight the eviction at the court hearing.
However, if the tenant fails to show up for the court hearing, the court will issue a default judgment in the landlord’s favor. If the tenant shows up for the court hearing, both parties will have the opportunity to raise their arguments, based on which the court will make a final decision.
#5 The Court Issues an Eviction Order
After the judgment, the court will issue the Eviction Order, which serves as a final notice to the tenant to leave the property and gives the sheriff the authority to forcefully evict the tenant from the property.
Other Eviction-Related Forms in Illinois
Other Eviction-Related Forms
Eviction Complaint. The landlord uses this document to initiate the eviction process before the court. It contains all the necessary information the court needs to start the proceedings.
Eviction Summons. This document is forwarded to the tenant to inform them that there is an eviction process initiated against them. It contains all the details about the process, and it gives instructions to the tenant on what actions they can take in the process.
Answer Form. The tenant uses this form to provide arguments against the landlord's claims in the eviction process. They must file them back with the court before the deadline provided in the summons.
Eviction Order. The court issues this document after they’ve made a judgment. It gives authority to the sheriff's office to forcefully remove the tenant from the property.
Eviction Information for Landlords in Illinois
The landlord is not allowed to use self-help eviction methods to remove the tenant from the rental unit. These include:
Eviction Information for Landlords
Shutting off the essential utilities for the tenant
Changing the locks on the property
Remove the tenant’s personal property from the rental unit
Forcefully removing the tenant from the rental unit without the sheriff’s office and the Eviction Order
If the landlord commits any of the following violations, they will be obliged to pay damages of up to $300 or a sum of $5,000, divided among all of the tenants, whichever is less.
Eviction Information for Tenants in Illinois
The tenant can use one of the following arguments to fight the eviction, namely that
Eviction Information for Tenants
They have already remedied the violation that was the reason for the eviction
The eviction is part of the retaliatory or discriminatory actions against the tenant
The landlord used illegal methods to evict the tenant
The tenants facing eviction can find additional information about ways to protect their interests through Illinois Legal Aid Online.
How to Write an Eviction Notice in Illinois
Illinois Eviction Notice Checklist
Illinois Eviction Notice FAQ
You can file an eviction notice in the following cases:
When the tenant is late with the rent payment
If the tenant violates the lease rules
In case the tenant uses the rental property for illegal activities
To terminate the month-to-month lease
The landlord must issue the eviction notice to the tenant before starting the eviction process in Illinois court. The court will decline the complaint from the landlord if they fail to attach a copy of the eviction notice when filing the eviction lawsuit.
The eviction process in Illinois can last from 2 weeks to 5 months, depending on the:
Type of the lease
Reasons for the eviction
Tenant’s willingness to oppose the eviction process
No, the minimum deadline the landlord must give the tenant to leave the leased property is 5 days.