📋 Illinois 5-Day Notice to Pay Rent or Quit
Demand for Nonpayment of Rent – 735 ILCS 5/9-209
⚖️ 735 ILCS 5/9-209: “A landlord or his or her agent may, any time after rent is due, demand payment thereof and notify the tenant, in writing, that unless payment is made within a period of not less than 5 days after service of such notice, the lease will be terminated.”
📌 When to Use: This notice is served when a tenant fails to pay rent on time. It gives the tenant 5 days to pay all rent owed or vacate the property. If tenant fails to comply, landlord may file for eviction.
🏠 Property Information
👤 Tenant Information
🏢 Landlord / Property Manager
💰 Rent Demand Details
📅 5-Day Deadline Calculator
Enter the notice date to calculate the 5-day deadline.
💵 Total Amount Due
$0.00
📬 Method of Service
Illinois Service Requirements: Notice may be served by: (1) personal delivery, (2) leaving with family member 13+ years old, (3) sending by certified/registered mail, or (4) posting on premises if no one is home.
💳 Payment Instructions
✍️ Landlord Signature
📋 Certificate of Service
💡 Tip: Complete this section after serving the notice to document proper service for court.
I certify that on , I served this 5-Day Notice to Pay Rent or Quit on the above-named tenant(s) by the method indicated above.
Understanding the Illinois 5-Day Notice to Pay Rent or Quit
The Illinois 5-Day Notice to Pay Rent or Quit is the first step in the eviction process for nonpayment of rent. Under Illinois law (735 ILCS 5/9-209), landlords must serve this written notice before filing an eviction lawsuit in court.
When to Use This Notice
Serve this notice when:
- Rent payment is past due (even one day late)
- Tenant has not paid the full rent amount
- A rent check bounced or was returned NSF
- Tenant failed to pay agreed-upon late fees per lease terms
💡 Pro Tip: Many landlords wait until rent is 3-5 days late before serving notice to allow for mail delays and banking issues. However, Illinois law allows service any time after the due date.
How to Calculate the 5-Day Period
The 5-day period begins the day AFTER service of the notice:
| If Served On | Day 1 Begins | Day 5 Expires |
|---|---|---|
| Monday, January 6 | Tuesday, January 7 | Saturday, January 11 |
| Wednesday, January 15 | Thursday, January 16 | Monday, January 20 |
⚠️ Important: If the 5th day falls on a weekend or legal holiday, many courts extend the deadline to the next business day. However, to be safe, calculate conservatively.
Proper Service Methods in Illinois
📋 Acceptable Service Methods (in order of preference):
- Personal Delivery: Hand the notice directly to the tenant. This is the strongest method and easiest to prove in court.
- Substitute Service: If tenant is not home, leave with a family member who is 13 years or older residing at the property.
- Certified/Registered Mail: Send via USPS certified mail with return receipt requested. Keep the green card as proof.
- Posting: If no one is home and certified mail is impractical, post the notice on the main entrance door of the unit.
💡 Best Practice: Use “belt and suspenders” – serve personally AND send by certified mail. This provides multiple forms of documentation.
What Happens After the 5 Days
If Tenant Pays in Full
The matter is resolved. The tenant has “cured” the default and can remain in the property. You cannot proceed with eviction for this rent amount once payment is received.
If Tenant Does Not Pay
After the 5-day period expires, you may file a Forcible Entry and Detainer complaint in the Circuit Court for the county where the property is located.
If Tenant Makes Partial Payment
Accepting partial payment can be legally complicated:
- Accepting ANY rent after serving notice may waive your right to evict
- If you accept partial payment, you may need to serve a new 5-day notice
- Some landlords include language on receipts stating partial payment does not waive eviction rights
- Consult an attorney before accepting partial payments
Late Fees in Illinois
Illinois law (770 ILCS 95/7.10) limits late fees:
- Cannot charge late fee until rent is 5 days overdue
- Maximum late fee: $20 or 20% of rent, whichever is GREATER
- Chicago exception: $10 for first $500 of rent, plus 5% of rent over $500
- Cook County exception: $10 for first $1,000 of rent, plus 5% of rent over $1,000
What to Include in the Notice
A valid Illinois 5-Day Notice must include:
- ✅ Tenant name(s) – all adults on the lease
- ✅ Property address – complete with unit number
- ✅ Amount of rent due – specific dollar amount
- ✅ Period rent covers – which month(s)
- ✅ 5-day demand – clear statement of 5-day deadline
- ✅ Landlord name and contact information
- ✅ Date of notice
Common Mistakes to Avoid
❌ These errors can invalidate your notice:
- Wrong amount – always verify the exact amount owed
- Wrong address – include unit number if applicable
- Wrong tenant names – use legal names from the lease
- Less than 5 days – Illinois requires MINIMUM 5 full days
- No proof of service – always document how notice was served
- Serving before rent is due – wait until after the due date
Next Steps After 5 Days Expire
📋 Eviction Filing Process:
- Wait full 5 days – do not file early
- File complaint – submit Forcible Entry and Detainer complaint to Circuit Court
- Pay filing fee – varies by county (typically $150-$300)
- Serve summons – tenant must receive court summons
- Attend hearing – present evidence including this notice and proof of service
- Obtain judgment – if successful, receive Order of Possession
- Sheriff enforcement – only sheriff can physically remove tenant
Special Considerations
Chicago RLTO Properties
Chicago landlords must also comply with the Residential Landlord Tenant Ordinance. Make sure you’ve provided all required RLTO disclosures before pursuing eviction.
Cook County RTLO Properties
Suburban Cook County has additional notice requirements under the RTLO. Verify compliance with local ordinances.
Federally Subsidized Housing
Section 8 and other subsidized housing may have additional notice requirements. Check with your local housing authority.
⚖️ Legal Disclaimer
This form is provided for informational purposes only and does not constitute legal advice. Eviction laws are complex and vary by locality. Some Illinois cities have additional tenant protections. Always verify current Illinois law and consult with an attorney for specific legal questions or contested evictions.
