What is an Illinois Eviction Notice or Notice to Quit?
When to use an Illinois Eviction Notice:
- 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.
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
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.
AFFIDAVIT OF SERVICE
|STATE OF ILLINOIS||)|
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.|
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.
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.
Illinois Eviction Notice FAQs
Can I evict my tenants for nonpayment of rent in Illinois?
Generally speaking, the answer is yes, and you may draft an Illinois Eviction Notice (more specifically known as a 5-Day Notice to Pay Rent) to start the process. However, as a result of the COVID-19 pandemic, several protections and limitations have been put in place for tenants who have not been able to pay rent. Although the ban on eviction has been blocked by the U.S. Supreme Court at the federal level, the state and municipal governments in Illinois have the authority to maintain their own standards for evictions. Stay up-to-date with the talk to a local lawyer , if you are uncertain.
Does a landlord have to use an Eviction Notice in Illinois?
If you would like to evict a tenant from a rental property, you should always deliver them a Notice of Eviction. Here are a few common reasons behind why you may need one:
- The tenant is habitually late to pay rent or payments have fallen behind schedule
- The tenant violates the no-pets clause in your lease
- The tenant gets a subletter in breach of the rental terms
- The tenant has caused unreasonable damage to the property
- The tenant harasses or disturbs the quiet enjoyment of the other renters
- The tenant is using the property for an illegal business
Outside of lease violations, a renter generally can be evicted by a property owner for other reasons that are not related to their conduct. For instance, if the landlord plans to move back in. Keep in mind that the list shown above is not totally exhaustive and the lawfully accepted reasons for eviction may change based on your particular city, among other considerations. If you have any concerns or questions related to Illinois eviction laws, you can talk to an attorney.
What information is commonly required in an Illinois Notice to Vacate?
You can tap or click on the button labeled "Make document" to check out our Illinois Eviction Notice sample. In order to make an IL Notice to Vacate online, you generally will need:
- The address and description of your property
- The renter's contact information
- How long the notice period will last
- Which of the lease clauses have not been upheld
- How much of the rent is late (if relevant)
If the tenant isn't at fault for the eviction, you are able to add more context. More custom alterations are allowed, as needed. You will want to make sure that the policies and terms noted in the Eviction Notice are actually present in the fully signed lease.
How will Illinois eviction laws impact me as a residential property owner?
The law is continually evolving and the eviction procedure can be somewhat nuanced for a first-timer. In some instances, there may be varying requirements depending on the reason for evicting the tenant and the length of their occupancy. With that in mind, it's highly recommended that all property owners talk to a local eviction attorney when drafting a Notice of Eviction.
How do I create an Illinois Eviction Notice template online?
Each Rocket Lawyer document template is vetted with care by attorneys and legal staff, so you are able to feel confident when using them. Simply tell us a bit more about the situation through our step-by-step interview process, and we'll handle the rest. This method, in many cases, will be notably less expensive and less time-consuming than hiring the average attorney.
What would it normally cost to get an attorney's help with evicting a tenant in Illinois?
If you want to know the complete cost of eviction, you will need to consider the fees associated with filing court documents, legal fees, the value of unrecovered rent payments, storage or cleaning fees, and the money and time you will spend looking for replacement tenants. Luckily, you will not need to pay hundreds of dollars in fees to draft a Notice of Eviction. When using Rocket Lawyer, you aren't just filling out an eviction form template. In case you ever need assistance from a lawyer, your Rocket Lawyer membership offers up to 40% in savings when you hire an Rocket Lawyer network attorney.
How long does it take to go through the Illinois eviction process from start to finish?
The length of the eviction process for Illinois tenants is partially determined by the amount of notice required, along with the overall volume of lawsuits happening at the same time. Below, you will find a generalized explanation of Illinois notice periods:
- Non-payment of rent: 5-day notice
- Non-compliance with lease: 10-day notice
- No cause: 30-day notice
After the notice period is over, an eviction can take from 2 weeks to 5 months. It is important to note that in particular kinds of housing, for instance where rent payments are subsidized, the notice period is often longer.
Do I need a lawyer if I am evicting someone in Illinois?
While you can opt to make an Eviction Notice on your own, most landlords who take tenants to court will have an attorney represent them. Finding a legal professional to proofread your IL Eviction Notice can take a long time on your own. An alternate approach might be via Rocket Lawyer attorney services. Premium members can request guidance from an attorney with experience in landlord-tenant matters or ask additional questions. As a property owner, you can Work Confidently® knowing that Rocket Lawyer is by your side.
Are there any additional actions that I will need to take after I make a Notice of Eviction/Notice to Quit in Illinois?
Upon completing your Illinois Eviction Notice, you'll be able to view it anytime, on any device. With a membership, you may edit, copy, save it as a Word document or PDF file, or print it out as necessary. You must sign and date the notice before serving it on the tenant. This Illinois Eviction Notice includes an affidavit of service so that you will have a record of the delivery. There are different methods available for serving the notice:
- Deliver it in person
- Hire a professional process server
- Send the notice via certified mail
It is important to remember that "self-help" or "DIY" evictions are not legal in Illinois. You must not shut off utilities and services, change locks, move property, or in any way harass the tenant in order to force them to move. Acting lawfully before and throughout the eviction proceedings will put you in the best position to remove tenants successfully under a court order.