Updated August 30, 2022
An Illinois eviction notice is a letter for landlords to use when seeking to inform their tenants that they have violated their lease agreement. The reason must be included in the notice to quit along with the number (#) of days the tenant has to correct the issue. If the tenant does not adhere to the terms of the notice to quit, the landlord can seek eviction by filing a Forcible Entry and Detainer lawsuit in the Local Circuit Court .
By Type (4)
5-Day Notice to Quit (
Non-Payment of Rent
)
– In accordance with
735 ILCS 5/9-209
, a landlord may provide written notice that the tenant is behind in his or her rental payment and will have to vacate the premises if the rent is not brought up to date. The landlord must give the tenant five (5) days to pay.
Download: Adobe PDF , MS Word , OpenDocument
5-Day Notice to Quit (
Unlawful Activity
)
– In accordance with
735 ILCS 5/9-120
, a landlord may give 5 days’ notice to vacate to a tenant who is engaged in illegal activity.
Download: Adobe PDF , MS Word , OpenDocument
10-Day Notice to Quit (
Non-Compliance
)
– In accordance with
735 ILCS 5/9-210
, a landlord may provide notice to the tenant to vacate for not complying with the terms of the lease.
Download: Adobe PDF
30-Day Notice to Quit (
Month-to-Month Tenancy
)
– In accordance with
735 ILCS 5/9-207
, a landlord may provide notice to a tenant that he or she does not intend to renew a month-to-month tenancy and that the tenant must vacate by the end of the 30 days.
Download: Adobe PDF , MS Word (.docx) , OpenDocument
Table of Contents |
Eviction Laws
- Rent Grace Period: 5 days to charge late fees (outside of Chicago). 770 ILCS 95/7.10(a)
- Non-Payment of Rent: 5 days. 735 ILCS 5/9-209
- Non-Compliance: 10 days. 735 ILCS 5/2-210
- Termination (Month-to-Month Lease): 30 days. 735 ILCS 5/9-207
- Eviction Lawsuit: Eviction. Article IX – Eviction
Court Forms
Eviction Summons – The Summons is used to relay to the tenant (the defendant) that they are being sued. It will also provide the individual with the necessary information regarding how to plead their case in court.
Eviction Complaint (Sample) – The Eviction Complaint begins the eviction process by providing the Court with the necessary information to start a case. It is also served on the tenant in conjunction with the Summons to inform them of the reasons for which they are being sued.
Answer to Complaint – The tenant must file an Answer to the complaint denying or admitting to the claims against them. This must be completed by the date indicated in the Summons.
Eviction Order – This document is used by the judge to grant an eviction order. It can be used by the plaintiff to get the Sheriff’s Department to remove the tenants from the property.
When is Rent Late?
In Illinois, rent is due on the date agreed to by the tenant and the landlord in the lease. If a tenant is late paying rent, the landlord must give written notice to the tenant and the tenant has five days to respond.
How to Evict (Process)
Step 1 – You must first provide one of the following types of written notice to your tenant about the potentiality of eviction depending on whether the tenant hasn’t paid rent or is in breach of the lease or you wish the tenant move out at the end of the tenancy:
- 5-Day Notice to Quit (Non-Payment of Rent)
- 5-Day Notice to Quit (Unlawful Activity)
- 10-Day Notice to Quit (Non-Compliance)
- 30-Day Notice to Quit (Month to Month Tenancy)
Step 2 – If the tenant fails to respond to the notice by remaining at the premises and continuing to be in breach of the lease, the landlord may commence proceedings in the Local Circuit Court . The first step is to file a summons and complaint with the clerk of the court. You will need to have three copies: one for the court, one for yourself, and one for the sheriff. The court will have the Summons and Complaint form for you to fill out. Here are samples of the Cook County forms: Complaint (Sample) . You will also need a filing fee of $234 .
Step 3 – After you have filed the documents with the clerk, you will have to get a copy and deliver them to the sheriff’s department to have them served on the tenant. The Sheriff also charges a fee of $60 . The tenant will then be able to counter the landlord’s claims by filing the Answer Form with the Circuit Court.
Step 4 – The next step is that the court will schedule a day in court. If the tenant doesn’t show up or the judge finds in your favor, he or she will issue an Eviction Order which will require the tenant to move out by a certain date. If the tenant does not move out, you will have to have the sheriff effect eviction by providing a copy of the Order.
Video
How To Write (Notice To Quit)
1 – Organize Your Paperwork
You may need several documents to properly issue the Notice you wish delivered, however, most will only require two documents: the Lease concerned and the Illinois Notice to Quit. You will be able to obtain the form by selecting and saving the file type using the buttons labeled “PDF,” “ODT,” and “Word.”
2 – Intended Recipient
The Name of the intended recipient of this document must appear on the first blank line at the top of this page. Ideally, you will present the exact spelling of the Tenant or Subtenant as it appears in the Lease.
3 – Physical Location of Premises
The Location of the Premises will need to be documented to solidify the Rental Property as that being Leased to the Tenant by the Landlord. The facts regarding this location should be identical to those in the Lease. The first statement will contain five blank spaces. In this order, report the Rental Property’s City, County, Zip Code, Building Number/Street, and Apartment Number (if applicable).
4 – Lease Date
This Lease will be identified by the facts regarding the Tenant(s), Landlord(s), Property, and Signature Date. This Signature Date is the Calendar Date the Signature Parties signed the Lease and should be located near the Signature area. Report the Signature Date utilizing the three blank spaces in the second statement. You will need to enter the Calendar Day (i.e. 1, 3, 15, etc.), the Month, and the Year contained in the Signature Date on the Lease. Make sure to enter these components in this order.
5 – Subject of Notice
The goal of this document will be to provide the Tenant (or Landlord) information regarding the Lease Status. Several statements, each with a checkbox, have been provided for this end. You must place a check mark in the statement that best applies to the Subject of this Notice.
The first checkbox, “Nonpayment,” will apply to Tenants who will be given five days to pay an Overdue Rent Amount. That is, if the amount listed in this statement is not paid, the Tenant will be expected to return possession of the Rental Property to the Landlord. Here, an alternate Agent authorized to receive such a payment should be listed on the first blank line. Then, the Total Amount of Money owed by the Tenant should be listed. Finally, make sure to list the Past Due Amount that must be paid (in Five Days) along with the time period this amount of money applies to is reported.
The second checkbox, “Noncompliance,” will apply to Tenants who will be given Ten Days to correct any damages or violations not allowed by the terms of the Lease he/she/they have Signed with the Landlord. Make sure to report the terms breached by the Tenant word for word as it appears in the Lease. Note: The Tenant will be expected to return possession of the Rental Property if the offenses have not been rectified to the satisfaction of the Landlord.
The third checkbox, “Illegal Activity,” will apply to Tenants who have broken a Local, City, bbin电竞官网官方永久 or Federal Law on the Rental Property. Marking this checkbox will require the Tenant(s) to return possession of the Rental Property to the Landlord in Five Days from his/her/their receipt of the Notice. You must list the Criminal Activity the intended Recipient participated in on the blank space provided.
The fourth checkbox, “Month to Month Tenancy,” will apply to Tenants who must be informed the Landlord wishes to end the Rental Agreement held. This will require that an exact Date of Termination be listed in the blank spaces provided. It should be kept in mind this end date must be at least thirty days after the Recipient has received this paperwork from the Landlord. This must be at least Thirty Days after the Monthly Rent Due Date.
The fifth checkbox, “Month to Month Tenancy,” will apply to Landlords who must be informed the Tenant wishes to end the Rental Agreement held. The end date of this Rental Agreement must be reported using the three blank spaces. In addition to any other restrictions that may be legally applied, the Tenant must list the end date as being at least thirty days after the Landlord’s receipt of this paperwork.
6 – Compliance Required
Landlords or Authorized Representatives must make sure to read the paragraph located near the bottom of the page. If applicable, the blank line below this paragraph must bear the Signature of the Landlord or Issuing Agent who is filing this paperwork with the Tenant.
7 – Reporting Delivery
The final section of this document has been provided so that a verification of delivery may be reported to the interested parties. The individual serving this paperwork will need to report the Date this document has been delivered, in the first statement below the subheading “Certificate of Service.” as well as the Name of the individual who received it. Delivery may be reported as having been made first hand to the intended recipient named above, to a second party who may be considered reliable (family member, co-worker), or as a First Class Mailing to the intended recipient with a check mark in the first, second, or third checkboxes (respectively).
