Free Illinois Eviction Notice

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Free Illinois Eviction Notice — overview

This Illinois 5-day eviction notice is the Illinois statutory pre-eviction notice under 735 ILCS 5/9-209 for rent default. The tenant must pay the full rent due within 5 days of service OR vacate the premises. Full payment within the cure period defeats the eviction; the tenancy continues. If neither payment nor vacancy occurs, the landlord may file a forcible entry and detainer action.

Generate the Illinois Notice

Complete the fields below to generate an Illinois 5-Day Pay-Rent-or-Quit Notice. State the exact rent due and the payment instructions. Service must comply with 735 ILCS 5/9-211; retain proof of service.

About the Illinois Eviction Notice

The Illinois 5-Day Notice to Pay Rent or Quit is the statutory pre-eviction notice required by 735 ILCS 5/9-209 of the Forcible Entry and Detainer Act before a landlord may file an eviction action for rent default. The notice demands payment of the rent due within 5 days; if the tenant pays in full within the 5-day period, the eviction is defeated and the tenancy continues. If the tenant neither pays nor vacates, the landlord may file a forcible entry and detainer action in the appropriate Illinois circuit court. Critical IL-specific considerations: (1) the notice must specify the exact rent due — Illinois courts have invalidated notices that include non-rent charges such as late fees, utilities, or damage charges, particularly in Cook County and Chicago; (2) service must comply with 735 ILCS 5/9-211 — personal service, leaving with a person 12 or older at the premises, or posting if the premises are vacant; (3) accepting partial payment after the notice is served may waive the eviction grounds; (4) Cook County has additional procedural requirements including specific notice-content rules and Just Housing Amendment protections for tenants. Best practice: state the exact base rent due (omit late fees and other non-rent charges); cite 735 ILCS 5/9-209 explicitly; provide clear payment instructions; serve personally where possible and retain a sworn affidavit of service; do not accept partial payment without consulting counsel; consult IL landlord-tenant counsel for Cook County and Chicago tenancies.

Illinois Statutory Requirements

• Statute: 735 ILCS 5/9-209 (Forcible Entry and Detainer Act)
• Notice period: 5 days from service
• Statutory CURE RIGHT — full payment within 5 days defeats eviction
• Notice must specify exact rent due
• Service per 735 ILCS 5/9-211 — personal, leaving with person at premises, or posting if vacant
• Partial-payment waiver risk — accepting partial payment after notice may waive eviction grounds
• If tenant does not pay or vacate, landlord may file forcible entry and detainer action

Service Methods Permitted in Illinois

• Personal service on the tenant (preferred — 735 ILCS 5/9-211)
• Leave with person of suitable age at the premises (12+ years old per 735 ILCS 5/9-211)
• Posting on the premises if no one in possession (vacant unit)
• Certified mail permitted under recent IL practice; verify with local court rules
• Retain affidavit of service — date, time, method, server’s identity; critical for FED case

Common Mistakes (Illinois-Specific)

• Wrong amount on notice — must state exact rent due; including late fees may invalidate notice in some IL counties
• Accepting partial payment after notice may waive eviction grounds
• Premature FED filing before 5 days expire
• Improper service not meeting 735 ILCS 5/9-211 requirements
• No affidavit of service — affidavit is required for FED case
• Including non-rent charges — Illinois courts vary on whether late fees, utilities, etc. count as ‘rent’ for §9-209

Best Practices

• State exact rent due on the notice — base rent only; check Cook County / Chicago rules for late fees
• Cite 735 ILCS 5/9-209 on the notice
• Specify payment instructions (where, how, in what form)
• Personal service preferred — retain affidavit of service
• Wait full 5 days before filing FED action
• Do not accept partial payment after notice without consulting counsel
• Consult IL landlord-tenant counsel for contested cases — Cook County has additional procedural requirements

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