Illinois eviction laws
Notices, deadlines, court and tenant rights in Illinois — in plain English.
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Overview
- The court case
- Eviction action (formerly forcible entry and detainer)
- Court
- Circuit Court of the county where the property is located
- Main laws
- Eviction Act, 735 ILCS 5/9-101 et seq. (notices: 9-205 to 9-213; illegal use 9-120)
Just-cause protection
No statewide law
Illinois has no statewide just-cause rule. A landlord can end a month-to-month tenancy or decline to renew a lease without giving a reason, as long as it is not retaliation or discrimination. Some cities (Chicago, Evanston, Cook County) add longer notice periods. (735 ILCS 5/9-207; Landlord Retaliation Act, 765 ILCS 720)
Notices before filing, by reason
What a landlord must serve before filing — and what a tenant should expect to receive.
Unpaid rent — Landlord's 5-Day Notice (Notice of Termination for Non-Payment of Rent)
The landlord must serve a written 5-day notice demanding the rent. If the tenant pays the full amount demanded within the 5 days, the eviction cannot go forward on that notice.
Landlord's 5-Day Notice (Notice of Termination for Non-Payment of Rent)
- Notice period
- 5 days
- Counting
- Do not count the day the notice is served. Count every calendar day. If the last day falls on a Saturday, Sunday or court holiday, the deadline moves to the next business day. File only after the notice period has fully run.
- Tenant can fix it?
- Yes, within the notice period
- Must include
- Tenant name(s) and full property address, including unit number
- The exact amount of rent due (rent only; do not add late fees, utilities or other charges unless the lease defines them as rent)
- Statement that unless payment is made within not less than 5 days after service, the lease will be terminated
- Required statement in prominent type: "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."
- Who is authorized to receive payment and how/where to pay
- Landlord or agent signature and date
- Affidavit/certificate of service showing how and when it was served
- How to serve
- Hand it to the tenant in person; Leave it with an adult who lives there (and mail a copy if required); Certified mail (return receipt); Registered mail; Post it on the door. Hand the notice to the tenant; or leave it with a person 13 or older who lives at or is in charge of the unit; or send it by certified or registered mail with a return receipt from the addressee. Posting on the door is allowed only if no one is actually living in the unit. Keep a record of how and when it was served.
- Official form
- Illinois Supreme Court approved form: Notice of Termination for Non-Payment of Rent (5-Day Notice)
- Law
- 735 ILCS 5/9-209
- If the landlord accepts partial payment after serving the notice, the notice stays valid only if the landlord does not agree in writing to continue the lease; accepting full payment of the amount demanded cancels the notice.
- A notice that demands more than the rent actually owed can be found defective and the case dismissed.
- Double-check with the court: Chicago and Cook County tenants can stop a nonpayment eviction by paying all back rent plus the landlord's court filing fees before the order of possession is entered.
The tenant broke the lease or rules — 10-Day Notice (Notice of Termination for Lease Violation)
For breaking a lease term (other than rent), the landlord must serve a written 10-day notice. Illinois law does not give the tenant a statutory right to fix the problem, but the Illinois court form and Chicago rules do allow a cure in some cases.
10-Day Notice (Notice of Termination for Lease Violation)
- Notice period
- 10 days
- Counting
- Do not count the day the notice is served. Count every calendar day. If the last day falls on a Saturday, Sunday or court holiday, the deadline moves to the next business day. File only after the notice period has fully run.
- Tenant can fix it?
- No
- Must include
- Tenant name(s) and property address
- The specific lease term broken and what the tenant did or failed to do
- Statement that the lease/tenancy is terminated and the tenant must give up possession within 10 days after service
- Landlord or agent signature and date
- Affidavit/certificate of service
- How to serve
- Hand it to the tenant in person; Leave it with an adult who lives there (and mail a copy if required); Certified mail (return receipt); Registered mail; Post it on the door. Hand the notice to the tenant; or leave it with a person 13 or older who lives at or is in charge of the unit; or send it by certified or registered mail with a return receipt from the addressee. Posting on the door is allowed only if no one is actually living in the unit. Keep a record of how and when it was served.
- Official form
- Illinois Supreme Court approved form: Notice of Termination for Lease Violation (Other than Non-Payment of Rent)
- Law
- 735 ILCS 5/9-210
- In Chicago (RLTO 5-12-130), the 10-day notice must give the tenant the chance to cure a violation that can be fixed; if the tenant fixes it within the 10 days, the lease is not terminated.
- Accepting rent for a period after the notice expires may waive the violation.
The lease ended and the tenant stayed — no notice required
When a fixed-term lease ends on its own date, Illinois law does not require a notice before filing. Many landlords still send a written demand for possession to show the tenant knew the lease was over.
- If the landlord accepts rent after the lease ends, a new month-to-month (or year-to-year) tenancy may be created, which then needs a termination notice.
- Chicago: the Fair Notice Ordinance requires written notice before not renewing a lease: 30 days if the tenant has lived there less than 6 months, 60 days for 6 months to 3 years, 120 days for more than 3 years. Cook County has similar rules.
Ending a month-to-month tenancy (no fault) — Notice of Termination of Tenancy (30-Day Notice)
A periodic tenancy can be ended without a reason by a written notice: 7 days for week-to-week, 30 days for month-to-month, and 60 days (ending within the last 4 months of the year) for year-to-year.
Notice of Termination of Tenancy (30-Day Notice)
- Notice period
- 30 days (week-to-week: 7 days, month-to-month: 30 days, year-to-year: 60 days)
- Longer notice
- Chicago: 60 days if the tenant has lived there 6 months to 3 years, 120 days if more than 3 years (Fair Notice Ordinance).
- Counting
- Do not count the day the notice is served. Count every calendar day. If the last day falls on a Saturday, Sunday or court holiday, the deadline moves to the next business day. File only after the notice period has fully run. For month-to-month, give at least 30 days and end on the last day of a rental period.
- Tenant can fix it?
- No
- Must include
- Tenant name(s) and property address
- Statement that the tenancy is terminated and the date possession must be returned
- For month-to-month, the termination date should be the end of a rental period (the day before rent is due)
- Landlord or agent signature and date
- Affidavit/certificate of service
- How to serve
- Hand it to the tenant in person; Leave it with an adult who lives there (and mail a copy if required); Certified mail (return receipt); Registered mail; Post it on the door. Hand the notice to the tenant; or leave it with a person 13 or older who lives at or is in charge of the unit; or send it by certified or registered mail with a return receipt from the addressee. Posting on the door is allowed only if no one is actually living in the unit. Keep a record of how and when it was served.
- Official form
- Illinois Supreme Court approved form: Notice of Non-Renewal of Lease or Termination of Tenancy
- Law
- 735 ILCS 5/9-205, 9-207
- Double-check with the court: for year-to-year tenancies the 60-day notice must be given within the 4 months before the end of the lease year (9-205).
Illegal activity, violence or serious damage — 5-Day Notice to Quit (Criminal Activity / 9-120 Notice)
If the tenant or a guest uses the unit for criminal activity (for example drug dealing), the lease becomes voidable and the landlord can serve a 5-day notice to quit. There is no chance to cure.
5-Day Notice to Quit (Criminal Activity / 9-120 Notice)
- Notice period
- 5 days
- Counting
- Do not count the day the notice is served. Count every calendar day. If the last day falls on a Saturday, Sunday or court holiday, the deadline moves to the next business day. File only after the notice period has fully run.
- Tenant can fix it?
- No
- Must include
- Tenant name(s) and property address
- Description of the criminal activity, date and location (the conduct must have occurred on or at the premises)
- Statement that the lease is void under 735 ILCS 5/9-120 and the tenant must leave within 5 days
- Landlord or agent signature and date
- How to serve
- Hand it to the tenant in person; Leave it with an adult who lives there (and mail a copy if required); Certified mail (return receipt); Registered mail; Post it on the door. Hand the notice to the tenant; or leave it with a person 13 or older who lives at or is in charge of the unit; or send it by certified or registered mail with a return receipt from the addressee. Posting on the door is allowed only if no one is actually living in the unit. Keep a record of how and when it was served.
- Law
- 735 ILCS 5/9-120
- The landlord must prove the illegal activity by a preponderance of the evidence; an arrest alone may not be enough.
- Double-check with the court: some local ordinances and the Illinois Human Rights Act (arrest/conviction record protections in some counties) limit evictions based on criminal history rather than current conduct.
How a tenant responds
The summons gives a court date (usually 7 to 40 days after it is issued). By that date the tenant should file an Appearance (and may file a written Answer) with the circuit clerk, and must attend the hearing. Missing the court date can result in an eviction order by default.
Deadline: at the hearing (no fixed written-answer deadline) · Form: Illinois Supreme Court approved forms: Appearance; Eviction Answer, Defenses and Counterclaims; Jury Demand · 735 ILCS 5/9-106, 9-107; Ill. S. Ct. R. 101(b), 181(b)
City and local rules
- Chicago (Residential Landlord and Tenant Ordinance, Mun. Code 5-12): 5-day notice for rent, 10-day notice with a right to cure for lease violations; Fair Notice Ordinance requires 30/60/120 days' notice to end or not renew a tenancy depending on length of stay, and lets tenants stop a nonpayment case by paying back rent plus filing fees before the order of possession. RLTO does not cover owner-occupied buildings with 6 or fewer units.
- Cook County (Residential Tenant Landlord Ordinance, suburban Cook County): similar tenant protections and longer non-renewal notices. VERIFY exact periods before relying on them.
- Evanston and Mount Prospect have their own landlord-tenant ordinances. VERIFY local rules before serving notice.
Official court forms
Landlords
- EVC Non-Payment Notice — Notice of Termination for Non-Payment of Rent
- EVC Lease Violation — Notice of Termination for Lease Violation
- EVC Complaint — Eviction Complaint
- EVC Summons — Eviction Summons
Tenants
- REC Answer — Eviction Answer, Defenses, and Counterclaims
Sources
- 735 ILCS 5/9-209 (Demand for rent)
- Illinois Courts - Eviction standardized forms
- Illinois Eviction Act, Article IX (ILGA)
- City of Chicago - Fair Notice Ordinance
Checked 2026-09. General information, not legal advice; laws change and courts differ. We strive for accuracy but don’t guarantee it.