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Illinois Eviction Notice basics

Eviction Notices start the legal eviction process in Illinois. In most cases, you need to properly deliver an Eviction Notice before you can file with the local courts. We provide Eviction Notices for cause and no cause evictions.

Use the Illinois Eviction Notice document if:

  • Your tenant has failed to pay the rent.
  • Your tenant has violated any provision of the lease or rental agreement.
  • The lease or rental agreement has expired and the tenant has remained on the property.
  • You want to terminate a month-to-month tenancy.

We provide five different types of Illinois Eviction Notices. These notices can help you start the legal eviction process. We also provide a Proof of Service letter required to document the delivery of the notice for the courts.

Other names for this document:

5-Day Notice to Pay Rent, 10-Day Notice to Terminate Tenancy for Breach of Lease Provision, 30-Day Notice to Terminate a Month-To-Month Tenancy, 5-Day Notice to Terminate Tenancy

Eviction Notices

An Eviction Notice is the first step in ending a tenancy agreement. If the tenant doesn't comply with the terms of the notice you can file with the local courts to start the legal eviction process. In Illinois, you can evict tenants for a variety of reasons including damage to the property, lease violations or criminal activity. You can also evict renters if their lease is ending and you choose not to renew the lease.

What is needed to make an Eviction Notice?

It is simple to create the appropriate Illinois Eviction Notice to suit your specific situation. We can help you make Eviction Notices suitable for cause and no-cause situations.

To quickly make an Eviction Notice, submit the following details:

  • Address of the property and of the landlord or property management company.
  • Names of everyone listed in the lease agreement.
  • Whether a lease exists or not.
  • Why the notice is being served: Failure to pay rent, lease violation, to end a month-to-month tenancy, expired lease (holdover), or criminal activity.
  • The amount of the overdue rent, if any.
  • A description of the lease violation, if applicable.
  • Whether a Proof of Service is also needed.

After you enter the required information, the document will automatically generate for you with the required legal language needed in Illinois. You can download the document in Word or PDF format. You can log in to your account and edit your document if needed.

If you need a different type of property management document, see our essential landlord documents.

How do I serve an Eviction Notice?

You can deliver an Eviction Notice in person, by certified mail or you can post it to their door. If you post it to the door, take a picture of it posted for your record. If you deliver the notice in person, you must leave it with a resident who is 13 years of age or older. You must deliver this notice in order to pursue the case in court. You should have a Proof of Service documenting the delivery to support your case, as well.

How do I file for a court-ordered eviction?

If your tenant does not comply with the terms of the notice, you can start the legal eviction process by filing a lawsuit in the courthouse in the county where the rental property is located. You can obtain the proper forms from the local clerk or you may be required to file online. You will need to take a copy of the complaint and summons to the sheriff's office, so they can deliver notice to your tenants. You also have the choice of hiring a professional process server.

Avoid "self-help" eviction tactics

You may be tempted to try to evict your tenants on your own. Don't try to vacate tenants on your own. If the eviction process is not carried out properly, you can lose your case. You can negotiate with your tenants and make payment agreements, but you cannot force them to move without going through the legal process.

When dealing with tenants, you cannot use strongarm eviction strategies such as changing the locks, blocking entryways or shutting off services in an attempt to get tenants to move. You also cannot harass them or evict them for discriminatory reasons. If you are not sure what best practices might be, ask a lawyer.

Illinois Evictions: Tenant Rights

Facing an eviction can be incredibly stressful. Learning more about the eviction process can help. You may also benefit from contacting local, low-cost legal and/or mediation services to help you understand what your rights might be.

Here are some answers to some common Illinois eviction questions:

How long do I have to pay rent?
You have five days to pay your late rent in Illinois before your landlord can file with the courts. If you pay your rent within the five days or you pay before your court date and your landlord accepts the money, the eviction process will be stopped. In Evanston, you have ten days to pay rent. If you do not pay rent, your landlord can start the formal eviction process with the courts.

Should I contest the eviction?
You'll need to decide if it financially makes sense for you to fight your eviction. If the case is straightforward and you cannot afford to catch up on your rent, you may want to try to negotiate an out-of-court agreement. If you contest an eviction and lose your case, you may be liable to pay the past rent due as well as the landlord's legal fees.

What are "protected classes?"
In Illinois, landlords are prohibited from discriminating against certain protected classes. Some renters are protected by federal law and others by Illinois law. You cannot be discriminated against based on race, religion, gender, national origin, sexual orientation, familial status (including pregnancy) or disability. If you have been a good renter and feel you are being evicted for discriminatory reasons, you may benefit from hiring a lawyer.

What happens if I get evicted?
If you are evicted and do not move, a sheriff may force you to vacate from the premises. If you do not move your things, the landlord may place your items outside. What your landlord can do with your belongings may vary by county. You can contact the local sheriff's office to find out what the procedure is for your area. In some cases, if the weather is extremely cold, the sheriff may decide to delay the eviction. If you are evicted, you will have an eviction added to your public record and may find it more difficult to rent in the future.

For more information about basic tenant rights, see our tenant's legal help center.

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Sample Illinois Eviction Notice

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