🏙️ Illinois Eviction Notice Laws
Complete Landlord Guide to Illinois Eviction Requirements
📋 Updated for • State & Local Law CompliantLast reviewed: January
Illinois eviction law varies dramatically depending on where your property is located. The state Forcible Entry and Detainer Act (735 ILCS 5/9) provides baseline rules, but Chicago properties must also comply with the Residential Landlord and Tenant Ordinance (RLTO), and Cook County properties outside Chicago must follow the Residential Tenant and Landlord Ordinance (RTLO). This comprehensive guide covers all requirements at each level to help you navigate Illinois eviction law successfully.
📑 Table of Contents
📝 Illinois Eviction Notice Types
Illinois eviction law is governed by the Forcible Entry and Detainer Act (735 ILCS 5/9), which establishes the notice requirements landlords must follow before filing for eviction. The type and length of notice required depends on the reason for eviction and, critically, the location of your property. Chicago and Cook County have additional local ordinances that impose different (usually longer) notice requirements.
For properties outside Chicago and Cook County, the state law requirements apply. This section covers the baseline state requirements; Chicago and Cook County specifics are addressed in subsequent sections.
5-Day Notice to Pay Rent or Quit
735 ILCS 5/9-209
The 5-day notice is Illinois’s standard notice for non-payment of rent under state law. This notice demands that the tenant pay all rent due within five days or vacate the premises. If the tenant pays in full within the five-day period, the landlord must accept payment and the eviction cannot proceed based on that notice.
Under state law, the 5-day notice does not need to give the tenant the option to cure—it can be an unconditional demand for payment or possession. However, most landlords use a notice that provides the pay-or-quit option, which is sufficient for either outcome.
Critical Requirements for :
- ✅ Must be in writing
- ✅ Must demand payment of rent or possession
- ✅ Must give at least 5 days to pay or vacate
- ✅ Must be properly served on the tenant
- ✅ Should identify the amount of rent owed
- ❌ Cannot be served until rent is actually past due
This 5-day notice applies to properties outside Chicago and suburban Cook County. Chicago requires a specific RLTO-compliant notice, and Cook County requires a 10-day notice under the RTLO. Using the wrong notice for your jurisdiction will result in dismissal of your eviction case. See the Chicago and Cook County sections below for their specific requirements.
10-Day Notice to Cure or Quit (Lease Violation)
735 ILCS 5/9-210
When a tenant violates lease terms other than non-payment of rent, Illinois requires landlords to provide a 10-day notice under 735 ILCS 5/9-210. This notice must specify the nature of the breach and inform the tenant they have 10 days to cure (fix) the violation or face eviction proceedings.
If the tenant cures the violation within the 10-day period, the landlord cannot proceed with eviction based on that violation. If the violation continues or recurs, the landlord must serve a new notice.
Requirements for 10-Day Notice to Cure:
- ✅ Must specifically describe the lease violation
- ✅ Must state that tenant has 10 days to cure
- ✅ Must warn of eviction if not cured
- ✅ Must be in writing and properly served
5-Day Notice to Quit (Unlawful Activity)
735 ILCS 5/9-120
Illinois allows expedited eviction for certain illegal activities on the premises. Under 735 ILCS 5/9-120, landlords can serve a 5-day unconditional notice to quit for unlawful drug activity, unlawful use of weapons, or other specified criminal activity. This notice does not give the tenant an opportunity to cure—it’s an unconditional demand to vacate.
When to Use the 5-Day Unconditional Notice:
- 🔴 Drug activity: Manufacturing, delivery, or possession with intent to deliver controlled substances
- 🔴 Weapons violations: Unlawful use or possession of firearms
- 🔴 Gang activity: Criminal street gang activity on the premises
- 🔴 Prostitution: Operating premises for prostitution
Periodic Tenancy Termination Notices
735 ILCS 5/9-207
To terminate a periodic tenancy (one without a fixed end date), Illinois requires notice based on the type of tenancy. The notice must be given before the start of the last rental period.
Illinois Notice Periods for Periodic Tenancies (735 ILCS 5/9-207):
- 📅 Year-to-year: 60 days before the end of the year
- 📅 Month-to-month: 30 days before the end of the month
- 📅 Week-to-week: 7 days before the end of the week
Under state law, landlords do not need to provide a reason to terminate a periodic tenancy—proper notice is sufficient. However, Chicago and Cook County have “just cause” eviction requirements that limit when landlords can non-renew tenants. Know your jurisdiction’s rules.
90-Day Notice (Foreclosure)
735 ILCS 5/9-207.5
When a property is acquired through foreclosure, the new owner must provide tenants with a 90-day notice before filing for eviction. This protection under 735 ILCS 5/9-207.5 gives tenants in foreclosed properties additional time to find new housing.
This notice applies to bona fide tenants who were not the mortgagor (the person who took out the mortgage) and who have been paying rent at market rate.
📄 Get Free IL 90-Day Foreclosure Notice🏙️ Chicago RLTO: Special Requirements for City Properties
Chicago’s Residential Landlord and Tenant Ordinance (RLTO) imposes significant additional requirements on landlords of most residential properties within Chicago city limits. The RLTO is one of the most tenant-protective local ordinances in the country, with strict notice requirements, mandatory disclosures, security deposit rules, and penalties for non-compliance.
Properties Covered by Chicago RLTO
The RLTO applies to most rental units within Chicago, including apartments, single-family homes, and condos. However, certain properties are exempt, including owner-occupied buildings with 6 or fewer units (where the owner lives in one unit), hotels, hospitals, and certain other institutional housing.
Chicago RLTO Notice Requirements
| Situation | State Law | Chicago RLTO |
|---|---|---|
| 💵 Non-payment of rent | 5 days | 5 days (with specific language) |
| 📝 Lease violation | 10 days | 10 days |
| 📅 End of lease (termination) | Per lease | 30/60/120 days based on length of tenancy |
| 💰 Rent increase | No requirement | 30/60/120 days written notice |
Chicago Termination Notice Periods
Chicago RLTO requires extended notice periods for lease terminations and non-renewals based on how long the tenant has lived in the unit:
- 📅 Less than 6 months: 30 days’ notice
- 📅 6 months to 3 years: 60 days’ notice
- 📅 More than 3 years: 120 days’ notice
Required RLTO Disclosures
Chicago landlords must provide tenants with the complete RLTO summary at lease signing. Failure to provide this disclosure can result in damages of one month’s rent plus attorney fees.
RLTO Summary
Required disclosure
Deposit Interest
Annual rate notice
Move-In Checklist
Required documentation
Landlords who violate the RLTO can face penalties of one to two months’ rent, actual damages, and attorney fees. Common violations include failing to provide the RLTO summary, not paying interest on security deposits, not using RLTO-compliant notices, and improper security deposit handling. Ensure your forms and procedures comply with RLTO requirements.
🏛️ Cook County RTLO: Suburban Requirements
Cook County’s Residential Tenant and Landlord Ordinance (RTLO) applies to rental properties in suburban Cook County (outside of Chicago city limits). The RTLO, which became fully effective in 2021, provides tenants with protections similar to but distinct from Chicago’s RLTO.
Properties Covered by Cook County RTLO
The RTLO applies to most residential rental properties in unincorporated Cook County and participating municipalities. Exemptions include owner-occupied buildings with 4 or fewer units, some subsidized housing, and certain other categories. Check whether your specific municipality has opted in or out of the RTLO.
Cook County RTLO Notice Requirements
- 💵 Non-payment of rent: 10-day notice (extended from state law’s 5 days)
- 📝 Lease violation: 10-day notice to cure
- 📅 Non-renewal: 60-day notice for tenancies over 1 year
Required RTLO Disclosures
Like Chicago’s RLTO, Cook County requires landlords to provide tenants with a summary of the RTLO at lease signing.
📄 Get Free Cook County RTLO Summary FormIndividual municipalities within Cook County can opt out of the RTLO. Before assuming RTLO applies to your property, verify whether your specific city or village has opted out. Some municipalities have their own landlord-tenant ordinances that may impose different requirements.
📬 How to Properly Serve Eviction Notices in Illinois
Illinois law specifies how eviction notices must be served on tenants. Using improper service methods can result in your eviction case being dismissed, requiring you to start over with a new notice and waiting period.
Illinois Approved Service Methods
Personal Delivery (Preferred)
Hand the notice directly to the tenant in person. This provides the strongest proof of service and is always acceptable. Service can occur anywhere—at the property, workplace, or any location where you find the tenant.
Delivery to Family Member 13+ at Residence
If the tenant is not available, leave the notice with any family member who is 13 years of age or older and resides at the premises. Inform them of the contents and request they deliver it to the tenant.
Posting and Mailing
If no one is available, you may: (1) Post the notice on the main door of the unit, AND (2) Mail a copy to the tenant at the premises address. Both steps are required when using this method.
Counting Notice Days in Illinois
- 📅 Day 1 is the day AFTER service (service day doesn’t count)
- 📅 Include Saturdays and Sundays unless the final day falls on a weekend or holiday
- 📅 If the last day is a weekend or holiday, extend to the next business day
- 📅 For posting and mailing, the notice period begins when the notice is posted
Keep detailed records of how and when you served each notice. Note the date, time, method of service, and name of any person who received the notice. If using posting and mailing, keep a copy of the posted notice and proof of mailing (certified mail receipt or affidavit). This documentation will be essential if the tenant challenges service.
⚖️ The Illinois Forcible Entry and Detainer Court Process
Illinois eviction lawsuits are called “Forcible Entry and Detainer” (FED) actions. These cases are heard in the Circuit Court, usually in a special eviction or landlord-tenant courtroom. Here’s a walkthrough of the Illinois eviction court process in .
Verify Notice Period Has Expired
Count the notice days carefully according to Illinois rules. You cannot file your eviction complaint until the notice period has fully expired. Filing too early results in dismissal.
File Forcible Entry and Detainer Complaint
File your complaint with the Circuit Court clerk in the county where the property is located. In Cook County, FED cases are filed in the First Municipal District (Daley Center) or suburban courthouses. Filing fees vary but typically range from $200-$400.
Summons Issued and Served
The court issues a summons that must be served on the tenant. In Illinois, the summons must be served at least 7 days before the first court date. Service is typically done by the sheriff or a licensed private process server.
Court Hearing
Both parties appear at the scheduled hearing. In Cook County, many cases are first sent to mediation. If the case doesn’t settle, it proceeds to trial where both parties present evidence. Uncontested cases (tenant doesn’t appear) typically result in immediate judgment.
Judgment for Possession
If you prevail, the court enters an order for possession. The judge may also award back rent, costs, and attorney fees if your lease provides for them. There is typically a stay period before the order can be enforced.
Order of Possession Enforced by Sheriff
After any stay period expires, you can request the sheriff enforce the order of possession. The sheriff posts a notice (typically 24-48 hours) and then returns to physically remove the tenant if they haven’t vacated. Sheriff fees vary by county.
⏱️ Illinois Eviction Timeline: Realistic Expectations for
Illinois eviction timelines vary significantly depending on location. Cook County (including Chicago) tends to have longer timelines due to court backlogs and mandatory mediation programs. Downstate counties are generally faster. Here’s what to expect:
| Stage | Timeline | Notes |
|---|---|---|
| 📝 Notice period | 5-30+ days | Varies by notice type and jurisdiction |
| 📋 File complaint | 1-3 days | After notice period expires |
| 📬 Summons served | 3-10 days | Must be at least 7 days before court date |
| ⚖️ Court date/hearing | 14-45 days | Longer in Cook County; may have multiple appearances |
| ⏳ Stay period | 7-30 days | Judge’s discretion; varies by circumstances |
| 🚔 Sheriff enforcement | 7-21 days | Depends on sheriff backlog |
Total Realistic Timeline: Downstate Illinois evictions typically complete in 30-60 days from notice service. Cook County (including Chicago) evictions commonly take 45-90 days for uncontested cases and 90-120+ days for contested cases. Complex cases or appeals can extend timelines further.
🛡️ Common Tenant Defenses to Illinois Evictions
Illinois tenants have various defenses available in eviction proceedings. Understanding these defenses helps landlords build stronger cases and avoid common pitfalls.
Defective Notice / Improper Service
The most common defense. If your notice didn’t comply with Illinois law or local ordinance requirements—wrong notice period, improper service, using state law notice when Chicago RLTO applies—the eviction will be dismissed. Always verify your notice complies with all applicable laws.
Breach of Implied Warranty of Habitability
Illinois recognizes an implied warranty of habitability. Tenants may defend against eviction by claiming the landlord failed to maintain the premises in habitable condition. This defense is particularly strong in Chicago under the RLTO, which provides specific remedies for habitability violations.
Retaliation
Illinois law prohibits retaliatory evictions. If eviction follows a tenant’s complaint to a government agency, exercise of legal rights, or organizing activities, the tenant may claim retaliation. The burden shifts to the landlord to prove legitimate, non-retaliatory reasons.
RLTO/RTLO Violations (Chicago/Cook County)
In Chicago and Cook County, tenants can raise landlord violations of the RLTO or RTLO as defenses or counterclaims. Failure to provide required disclosures, improper security deposit handling, or other ordinance violations can result in damages to the tenant that offset or exceed rent owed.
💰 Illinois Security Deposit Rules
Illinois security deposit rules vary by jurisdiction. State law provides baseline requirements, but Chicago and Cook County have additional rules with stricter requirements and penalties.
State Law Requirements (765 ILCS 710)
- Maximum (Properties with 5+ units): 1.5 months’ rent
- Return Timeline: 30 days if no deductions; 30 days for itemized statement if deductions claimed
- Interest: Required for properties with 25+ units
Chicago RLTO Security Deposit Rules
- Maximum: 1.5 months’ rent
- Interest: Must pay interest annually at city-published rate
- Receipt Required: Must provide receipt within 14 days
- Bank Disclosure: Must disclose name and address of bank holding deposit
- Move-In Checklist: Required within 3 days of move-in
- Penalty: Two times deposit plus interest for violations
🔍 Eviction Prevention: Screen Tenants Before Problems Start
Given Illinois’s lengthy eviction process (especially in Cook County), prevention is far more valuable than cure. Thorough tenant screening at the application stage is your best defense against future evictions.
Essential Screening Steps
- ✅ Credit Check: Review credit history, payment patterns, and outstanding debts
- ✅ Criminal Background Check: Screen for relevant criminal history (note Chicago restrictions)
- ✅ Eviction History: Check for prior eviction filings and judgments
- ✅ Income Verification: Confirm income is at least 2.5-3x the monthly rent
- ✅ Rental History: Contact previous landlords for payment history and lease compliance
- ✅ Employment Verification: Confirm current employment and job stability
Rental Application
Comprehensive form
Employment Verification
Verify income
Landlord Reference
Rental history
Chicago restricts the use of criminal history in tenant screening under the “Ban the Box” ordinance. Landlords cannot ask about or consider criminal history until after a conditional offer is made. Even then, consideration is limited to certain convictions. Consult an attorney familiar with Chicago’s Just Housing Ordinance before denying an applicant based on criminal history.
❓ Illinois Eviction FAQ
🔍 Avoid Costly Illinois Evictions with Better Screening
With Cook County’s lengthy eviction process, a bad tenant can cost you months of rent and thousands in legal fees. Comprehensive tenant screening helps you find reliable tenants from the start.
📚 Related Illinois Landlord Resources
⚖️ Legal Disclaimer
This guide provides general information about Illinois eviction laws and is not legal advice. Illinois landlord-tenant law involves multiple layers including state law (735 ILCS 5/9), Chicago’s RLTO, Cook County’s RTLO, and other local ordinances. Requirements vary significantly by jurisdiction and may change over time. This guide reflects requirements as of and may not include the most recent changes. Always consult with a qualified Illinois attorney before proceeding with an eviction, especially for Chicago properties. For current information, refer to the Illinois Compiled Statutes and applicable local ordinances.
