Notify tenant of intent to evict in Illinois: Illinois Eviction Notice
What we’ll cover
What is an Illinois Eviction Notice or Notice to Quit?
If you own or manage residential property in Illinois, you can create an Illinois Eviction Notice to notify renters of impending legal action if they do not comply with the terms of the lease agreement or leave the property when lawfully asked to do so.
With Illinois Eviction Notices, you can enforce your terms, while still giving your tenant(s) time to address the issue before a specific deadline. That said, in some instances, there won't be any resolution, and going to court is inevitable.
Our Eviction Notice for Illinois can be used for residential property within the Prairie State. If rent control or local laws complicate your tenant eviction, you may want to consult a Rocket Legal Pro™.
When to use an Illinois Eviction Notice:
- Your tenant has failed to pay the rent.
- Your tenant has violated a provision of the lease or rental agreement.
- Your tenant materially damaged the property.
- Your tenant is a nuisance or has caused trouble among other tenants.
- Your tenant has used the property for illegal activity.
- You wish to end a periodic tenancy (such as month-to-month).
- The lease has expired and the tenant has remained on the property.
Please note: you may never forcibly evict a tenant without going through the formal tenant eviction process.
Sample Illinois Eviction Notice
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Complies with relevant laws
10 DAY NOTICE TO TERMINATE TENANCY FOR BREACH OF LEASE PROVISION30 DAY NOTICE TO TERMINATE A MONTH-TO-MONTH TENANCY5 DAY NOTICE TO TERMINATE TENANCY5 10 DAY NOTICE TO PAY RENT
, Illinois
TO TENANT(S) AND ALL OTHERS IN POSSESSION OF THE PREMISES LOCATED AT:
, in the City of , in the County of and State of Illinois.
PLEASE TAKE NOTICE that the tenancy pursuant to the lease and/or rental agreement dated under which you hold the possession of the herein described premises there is now due, unpaid and delinquent rent in the total sum of , representing rent due for the period from to .
PLEASE TAKE FURTHER NOTICE that within FIVE (5) days after service of this notice, you are hereby required to pay the above-listed amount in full OR quit the subject premises, move out, and deliver up possession of the same to . Failure to pay the rent in full OR vacate the premises WITHIN FIVE (5) days as required by this notice will result in forfeiture of the lease and/or rental agreement and will institute a Forcible Entry and Detainer Action against you to recover rent, damages and possession of said premises. Only FULL PAYMENT of the rent demanded in this notice will waive the landlord's right to terminate the lease under this notice, unless the landlord agrees in writing to continue the lease in exchange for receiving partial payment.
PLEASE TAKE NOTICE that you have violated the following term(s) in your lease and/or rental agreement dated : .
PLEASE TAKE FURTHER NOTICE that within TEN (10) days after service of this notice, you are hereby required to perform the aforesaid covenant(s) OR quit the subject premises, move out, and deliver up possession of the same to . Failure to perform aforesaid covenant(s) OR vacate the premises WITHIN TEN (10) days as required by this notice will result in forfeiture of the lease and/or rental agreement and will institute a Forcible Entry and Detainer Action against you to recover rent, damages and possession of said premises.
PLEASE TAKE NOTICE that your month-to-month tenancy under which you hold the possession of the herein described premises is hereby terminated as of the date THIRTY (30) days after the service of this NOTICE upon you. YOU ARE HEREBY required to quit and surrender possession thereof to on or before the date THIRTY (30) days after service of the NOTICE upon you. Failure to do so will result in forfeiture of the lease and/or rental agreement and will institute a Forcible Entry and Detainer Action against you to recover rent, damages and possession of said premises.
PLEASE TAKE NOTICE that the lease and/or rental agreement under which you hold the possession of the herein described premises has expired as of .
PLEASE TAKE FURTHER NOTICE that within FIVE (5) days after service of this notice, you are required to quit and deliver up possession of the premises to on or before that date. Failure to do so will result in forfeiture of the lease and/or rental agreement and will institute a Forcible Entry and Detainer Action against you to recover rent, damages and possession of said premises.
PLEASE TAKE NOTICE that the tenancy under which you hold the possession of the herein described premises shall end FIVE (5) days after service of this notice, and you are required to quit and deliver up possession of the premises to on or before that date. Failure to do so will result in forfeiture of the lease and/or rental agreement and will institute a Forcible Entry and Detainer Action against you to recover rent, damages and possession of said premises.
THE REASON THIS NOTICE IS BEING SERVED IS:
THIS IS INTENDED AS A TEN (10) DAY LEGAL NOTICE FOR THE PURPOSE OF DEMANDING COMPLIANCE. THIS NOTICE IS IN ACCORDANCE WITH ILLINOIS CODE OF CIVIL PROCEDURE 735 ILCS 5 § 9-210.
THIS IS INTENDED AS A THIRTY (30) DAY LEGAL NOTICE FOR THE PURPOSE OF TERMINATING YOUR TENANCY. THIS NOTICE IS IN ACCORDANCE WITH ILLINOIS CODE OF CIVIL PROCEDURE 735 ILCS 5 § 9-207.
THIS IS INTENDED AS A FIVE (5) DAY LEGAL NOTICE FOR THE PURPOSE OF TERMINATING YOUR TENANCY. THIS TERMINATION OF TENANCY IS IN ACCORDANCE WITH THE ILLINOIS LANDLORD AND TENANT ACT.
Dated:
| By: | ______________________________ |
| , |
AFFIDAVIT OF SERVICE
| STATE OF ILLINOIS | ) |
| ) SS. |
| COUNTY OF | ) |
I, the undersigned, being duly sworn, on oath depose and say that on the ____ day of _________, 20___, served the above notice on the tenant named above as follows:
| ____1. | By delivering a copy thereof to the above named tenant. |
| ____2. | By delivering a copy thereof to a person above the age of 13 years, residing on or in charge of the above described premises. |
| ____3. | By sending a copy thereof to said tenant by certified mail, with request for return of receipt from the addresses. |
| ____4. | By posting a copy thereof on the main door of the above described premises, no one being in actual possession thereof. |
| Executed on: | _______________________ |
| Date |
| Served by: | _______________________ |
| Signature |
________________________
Notary Public
Illinois Eviction Notice Checklist
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___Sign this document. This document needs to be signed by:
___Everyone gets a copy. Each tenant named in the document should receive an individual copy of the signed notice.
___Serve the document. Deliver a copy of the notice or hire a certified process server to legally serve the tenant(s). Make sure the service of the notice complies with Illinois state law. If you have chosen to serve on your own behalf, create an Affidavit of Service at RocketLawyer.com upon completion of service.
Important Details
You may never forcibly evict a tenant without going through the formal tenant eviction process.
Once notice is given to the tenant, you must wait until the notice period is up to see if the tenant does what the notice asks within the time allowed. If the tenant does not comply, you can file an eviction lawsuit to formally evict the tenant. If the tenant does what the notice requires (like pay past due rent in full), then you cannot file an eviction proceeding.
If you end up having to file a formal eviction case, make sure you file your eviction case in the right court. Illinois law requires you to file your eviction lawsuit in the county where the property is located.
Go to the Circuit Clerks office at the courthouse in your county and ask the Clerk for an eviction lawsuit form.
About Eviction Notices in Illinois
Learn about how to notify tenant of intent to evict in Illinois
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Different types and reasons for evictions in Illinois
REASON FOR EVICTION
TYPE OF NOTICE
NUMBER OF DAYS FOR NOTICE
LAWS
Nonpayment of rent
“Illinois 5-Day Notice to Pay Rent”
5 days’ notice
Illinois Statutes 735 5 §§ 9-207, 9-209, 9-210
Violation of lease or rental agreement
“Illinois 10-Day Notice to Terminate Tenancy for Breach of Lease Provision”
10 days’ notice
Illinois Statutes 735 5 §§ 9-207, 9-209, 9-210
Termination of monthly periodic tenancy
“Illinois 30-Day Notice to Terminate a Month-to-Month Tenancy”
30 days’ notice
Illinois Statutes 735 5 §§ 9-207, 9-209, 9-210
Illegal activity
“Illinois 5-Day Notice to Terminate Tenancy”
5 days’ notice
Illinois Statutes 735 5 §§ 9-207, 9-209, 9-210
Lease holdover of week-to-week tenancy
“Illinois 7-Day Notice to Terminate Tenancy”
7 days’ notice
Illinois Statutes 735 5 §§ 9-207, 9-209, 9-210
Lease holdover (not week-to-week) of tenancy less than one year
“Illinois 30-Day Notice to Terminate Tenancy”
30 days’ notice
Illinois Statutes 735 5 §§ 9-207, 9-209, 9-210
Regardless of the type of notice you need, we can help you build it. Get started now!
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Requirements, liabilities, and tenant protection for evictions in Illinois
EVICTION NOTICE REQUIREMENTS IN THE CASE OF: NONPAYMENT OF RENT
A landlord may demand payment of rent any time after it's due and tell the tenant to pay within the time specified in the notice - no less than five days. If the tenant doesn't pay within that time, the landlord can end the lease and start an eviction process without giving any more notice. (735 ILCS 5/9-209)
EVICTION NOTICE REQUIREMENTS IN THE CASE OF: NONCOMPLIANCE
When a lease is broken, only 10 days' notice to leave or end the tenancy is needed. (735 ILCS 5/9-210)
NOTICE REQUIREMENTS AND LANDLORD LIABILITY REGARDING PERSONAL PROPERTY
No statute.
TENANT PROTECTION REGARDING FORECLOSURES
The buyer or holder of the sale certificate or deed must notify all known occupants of the property that they have acquired it in no later than 21 days after the sale is confirmed. (735 ILCS 5/15-1508.5(a)(2))
If a receiver is appointed, they must accept rent payments during the foreclosure process and cannot increase the rent without court permission. (735 ILCS 5/15-1704)
MORE RELEVANT LAWS
735 ILCS 5/9-101 through 5/9-321; 735 ILCS 5/15-1508.5; 735 ILCS 5/15-1704; 765 ILCS 720/0.01 through 720/1; 765 ILCS 742/20.
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How to write an Illinois Eviction Notice
Below is a list of details you may need when preparing an Illinois Eviction Notice. Not all items will apply to every situation. Any documents related to the rental agreement, lease violation, including any late rent notices or proof of lease violation, will also be helpful.
1. Start with the rental addresses
Addresses of the rental property and landlord or property management company.
2. List all tenant names
Every tenant listed on the Lease Agreement, pays rent, or lives there must be included in the notice.
3. Include the status and date of the Lease Agreement
Whether the lease is still active or not, or if there is a lease at all.
4. Detail the reason that the notice is being served
Landlords should always refer to state laws regarding evictions to make sure they have a legally valid reason to evict a tenant. The reason for the eviction will determine the type of notice being delivered.
Review each provision in the lease or rental agreement. If you are evicting tenants for unpaid rent, determine the amount of unpaid rent, if any. If you are evicting tenants for lease violations, determine violations of the lease or rental agreement, if any. Including documentation and the original lease agreement is also a good idea.
Remember, you will need to confirm that any policies and terms referred to in the Eviction Notice are actually present in the fully executed rental contract or lease agreement.
5. Provide the number of days for the notice period
The Eviction Notice should clearly spell out how much time the tenant has to resolve the situation before further legal action is taken. Rocket Lawyer can help you determine how much notice is required for your state and situation and build the right type of Eviction Notice.
6. Attach the proof of service
When using a proof of service to document the delivery of an Eviction Notice, the serving party should sign the document at the time of delivery. In Illinois, this is often called an Affidavit of Service.
Luckily, you don't need to start from scratch when making an Illinois Eviction Notice with Rocket Lawyer. Just answer a few simple questions and we’ll build the right eviction notice for the situation, as well as help with next steps on how to serve your Eviction Notice.
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The eviction process in Illinois: what happens after making an Eviction Notice?
Now that you have made your Illinois Eviction Notice with Rocket Lawyer, you might be wondering: what now?
The next step is to serve it. You must sign the notice before serving it on the tenant(s) – and there are a few methods for serving the notice:
- Deliver it in person.
- Hire a professional process server.
- Send the notice via certified mail.
Please remember that "self-help" or "DIY" evictions are illegal in Illinois. Landlords shouldn't throw out belongings, shut off utilities, change the locks, or in any way attempt to intimidate tenants in an effort to force them to move. Taking the appropriate lawful actions before and throughout the eviction process is critical to removing tenants successfully under a court order.
What happens after the notice period?
If a tenant does not pay rent or move out after the notice period, the landlord can choose to file an eviction lawsuit.
What are some essentials throughout the eviction process?
As you prepare to file for an eviction, it is always a good idea to work with a lawyer. An attorney with experience in evictions can answer your questions and help make sure you follow local laws and processes. Also, outside of reviewing your Eviction Notice document, your lawyer can help you prepare and argue your case once it goes in front of a judge.
In order to assemble all of your records for your lawyer, you may want to fill out an Eviction Process Worksheet. This document provides basic information about your tenant and their violation(s) of your rental agreement. You can also attach documentation, including a copy of the lease, photographs of the damage, repair estimates, written statements of witnesses, police reports, and other records to support your case.
If you need to move forward with legal action after delivering the Eviction Notice, you will need to file your lawsuit properly with the local courts. The Illinois website can tell you which documents you will need to file and what the fees might be – or you can ask a lawyer to get started and find an attorney in your state. A local lawyer with experience in evictions can help you navigate the process efficiently.
Illinois Eviction Notice FAQs
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Do I need an Eviction Notice in Illinois?
Generally speaking, yes, if you wish to remove a tenant from your Illinois rental property, you must always provide them with a Notice of Eviction first to start the process.
Some of the most common situations in which you might need one include:
- The tenant is habitually late to pay their rent or they are behind on payments.
- The tenant has caused substantial damage.
- The tenant harasses or disturbs the quiet enjoyment of their neighbors.
- The tenant is using your property for an illegal business.
- The tenant gets a dog or cat and the rental contract forbids pets.
- The tenant sublets their unit in breach of the agreement.
Outside of these violations, a renter may also be evicted for reasons unrelated to anything they’ve done wrong – like when the property owner needs to move back in.
Please note that the list above isn't exhaustive and that the acceptable reasons for evicting a tenant may be a little different from place to place. If you've got any concerns about Illinois eviction laws, reach out to a Rocket Legal Pro™.
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Do I need a lawyer if I am evicting someone in Illinois?
While you can choose to make an Illinois Eviction Notice without support from a lawyer, many landlords find having a lawyer available for questions and consultations extremely helpful.
A Rocket Legal Pro™ with experience in landlord-tenant matters can help you with evictions, or any other issues that may arise. A Rocket Legal+ membership provides significant discounts on Pro Services, including attorney consultations, and unlimited customizable and e-signable rental documents, at an incredibly low price.
As a property owner or manager, you can be confident that Rocket Lawyer is by your side.
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How do Illinois eviction laws affect me as a rental property owner?
Laws change depending on where you (and your property) are. The notice periods in Illinois, for example, might be different from the ones in other states – in fact, there might even be differences between counties and cities. All the ways the document may be served to the tenant also vary.
This is all to say that the eviction process and restrictions can be complicated to navigate, particularly when keeping in mind state-specific requirements. As a result, it is strongly recommended that every property owner connect with a lawyer when making a Notice of Eviction in Illinois - or anywhere else - to any tenant.
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How do I create an Illinois Eviction Notice template for free?
Don’t worry – you don’t have to make it all on your own: you can use the document tools on Rocket Lawyer to make an Illinois Eviction Notice for free. All you have to do is answer a few simple questions and we will put together a customized notice for you, piece by piece, and with all the details customized to your situation. This is often much less time-consuming than other solutions.
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How is an Illinois Notice to Vacate structured?
That might change a little depending on the type of Eviction Notice you may need. However, some information must always be provided. Before getting started, you might want to gather the following critical details:
- The address and description of the property.
- The renter's contact information.
- How many past due rent payments should be made (if any) to bring the tenant into compliance with the lease or rental agreement.
- Which of the lease clauses have been violated (and a copy of the Lease Agreement, in this case).
- How much time the tenant has to resolve the situation.
In the event that the tenant isn't at fault, you may want to provide more context. Further customization is permitted as well. You'll need to confirm that all of the policies and terms mentioned in the Illinois Eviction Notice are present in the fully executed rental contract.
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How much might it normally cost to evict a tenant in Illinois?
The cost of an eviction varies widely depending on your location and the specifics of the situation. Some things to consider are the cost of filing court documents, legal fees, the value of unrecovered payments, storage or cleaning fees, as well as the money and time spent finding a replacement tenant.
A Rocket Legal+ membership provides savings for some of these expenses, including unlimited customizable and e-signable rental documents, significant discounts on Pro Services, and ongoing support for your rental property business.
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How long does it take to complete the Illinois eviction process from beginning to end?
The duration of the eviction process for Illinois tenants will usually depend on the notice period required, as well as the lawsuit period if you proceed with one.
Below, you'll find a basic explanation of Illinois notice periods to get you started:
- Non-payment of rent: 5-day notice.
- Non-compliance with lease: 10-day notice.
- No cause: 30-day notice.
If the tenant decides to leave before the notice period ends - which is common - the process actually becomes a lot shorter.
If that doesn’t happen, when your notice period is over, the actual eviction may take anywhere from 2 weeks to 5 months. Please note that with certain kinds of housing, for instance where rent is subsidized, the mandated notice period is often even longer.
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What are my next steps after I have made an Eviction Notice/Notice to Quit in Illinois?
After making an Illinois Eviction Notice, the next step is to serve it. You may read more about the eviction process in Illinois and everything that follows here.
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What happens after the given notice period is over in Illinois?
If a tenant does not pay rent after being given a notice, the landlord can choose to file an Eviction Lawsuit.
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