Free Illinois 5-Day Notice to Pay Rent or Quit

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The 5-day notice to pay rent or quit is the notice an Illinois landlord must serve before filing an eviction for nonpayment of rent. Under 735 ILCS 5/9-209 the tenant has at least 5 days to pay in full; if the tenant pays the full amount within the period, the tenancy continues. The notice must carry the statute’s full-payment waiver language and be served under 735 ILCS 5/9-211. Generate a compliant notice below.

5-Day Notice 735 ILCS 5/9-209 Pay-and-Stay Free PDF

An Illinois 5-Day Notice to Pay Rent or Quit is the statutorily-required written demand a landlord must serve before filing an eviction (formerly forcible entry and detainer) for nonpayment of rent. It is governed by 735 ILCS 5/9-209, with service rules at 735 ILCS 5/9-211 and the eviction procedure at 735 ILCS 5/Article IX. The statute requires the notice to demand the past-due rent, give the tenant at least 5 days to pay, and state, prominently, that only full payment will waive the landlord’s right to terminate. The form below produces a compliant notice; our Illinois eviction notice laws guide covers the full process, and the tenant screening laws by state hub helps you place reliable tenants in the first place.

The 5-Day Notice to Pay Rent or Quit is the statutorily-required written demand an Illinois landlord must serve on a tenant who has failed to pay rent when due. It is the procedural prerequisite to filing an eviction action under the Eviction Article of the Code of Civil Procedure (735 ILCS 5/Article IX). Without a properly-drafted, properly-served 5-day notice, no Illinois court will entertain a nonpayment eviction.

The notice does three things in one document. First, it demands the past-due rent. The demand under 735 ILCS 5/9-209 is a demand for rent. Best practice is to state the rent figure precisely and keep late fees, utilities, and damage charges out of the rent demand, so the tenant knows the exact sum that cures the default and so the notice cannot be attacked as overstated or ambiguous.

Second, it gives the tenant a 5-day cure period. The tenant has at least 5 days after service to pay the full amount demanded. This is the pay-and-stay opportunity: if the tenant pays in full within the period, the default is cured, the lease is not terminated, and the tenant may remain in possession. Illinois counts the 5 days in calendar days, excluding the day of service.

Third, it carries the required statutory language. 735 ILCS 5/9-209 requires the notice to state, prominently, that only full payment of the rent demanded in the notice will waive the landlord’s right to terminate the lease, unless the landlord agrees in writing to continue the lease in exchange for partial payment. This language is what lets a landlord accept a partial payment without automatically waiving the notice – and omitting it is a defect. The form on this page prints this statutory language and computes the deadline correctly.

The 5-day pay-or-quit notice is governed by a layered statutory framework. The core statute is 735 ILCS 5/9-209, which authorizes a landlord to demand rent in writing and to notify the tenant that unless payment is made within the time stated in the notice – not less than 5 days after service – the lease will be terminated.

Service rules are at 735 ILCS 5/9-211, which authorizes delivery of a written or printed copy to the tenant; leaving the copy with a person 13 years of age or older residing on or in possession of the premises; or sending the copy to the tenant by certified or registered mail with a return receipt from the addressee. Where no one is in actual possession of the premises, the notice may be posted on the premises. Email, text message, and social media are not statutory service methods.

The full-payment waiver provision is built into 735 ILCS 5/9-209 itself: only full payment of the rent demanded waives the landlord’s right to terminate under the notice, unless the landlord agrees in writing to continue the lease for a partial payment. This is a defining feature of Illinois practice and differs sharply from many other states. Unlike California, where accepting any portion of the demanded rent can waive a pay-or-quit notice, Illinois expressly lets a landlord accept a partial payment without waiving the notice – provided the required language is on the notice and the landlord does not put a continue-the-lease agreement in writing.

The eviction procedure that follows a defective cure is at 735 ILCS 5/Article IX (the Eviction Article, formerly the Forcible Entry and Detainer Act). After the 5-day period expires without full payment, the landlord may file an eviction complaint, obtain a summons, and proceed to a possession hearing. Self-help is illegal. A landlord may not change the locks, remove belongings, or shut off utilities to force a tenant out; doing so exposes the landlord to damages under 765 ILCS 705 and other Illinois law.

Local ordinances layer additional requirements. The City of Chicago Residential Landlord and Tenant Ordinance (RLTO) and the Cook County Residential Tenant Landlord Ordinance (RTLO) apply the same 5-day notice but add consumer-protection requirements, including attaching an ordinance summary to the notice and a right-to-cure window for certain administrative defects. One operational rule binds all of this together: the notice must match the statute. A miscounted period, a missing full-payment statement, or an unauthorized service method voids the notice and restarts the clock.

The heart of the Illinois 5-day notice is the tenant’s pay-and-stay right. Under 735 ILCS 5/9-209, if the tenant pays the full amount of rent demanded within the 5-day period, the lease is not terminated and the tenant may remain in possession. The landlord must accept a timely, full payment – the notice is a cure opportunity, not an automatic termination.

The required full-payment statement. The statute requires the notice to state, prominently, in substance: “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.” This single sentence does a great deal of work. It tells the tenant exactly what cures the default (full payment). It preserves the landlord’s ability to accept a partial payment during or after the period without waiving the right to proceed. And it makes clear that any deal to keep the lease alive for a partial payment must be in writing.

Why this differs from a strict waiver state. In some states, accepting any portion of the demanded rent after serving a pay-or-quit notice waives the notice, and the landlord must start over. Illinois deliberately softened that rule for landlords who use the correct language: with the full-payment statement on the notice, a landlord can take a partial payment – crediting it against the balance – and still enforce the notice for the remaining rent, unless the landlord signed a written agreement to continue the tenancy. Landlords who accept partial payments should give the tenant a dated receipt that states the payment is accepted without waiving the 5-day notice or any right to possession.

The 5-day period under 735 ILCS 5/9-209 is counted in calendar days, not business days. This is a key difference from states that exclude weekends and holidays from the count. In Illinois, the general computation-of-time rule (5 ILCS 70/1.11) governs: the day of service is excluded, counting begins the next calendar day, and every day – including Saturdays and Sundays – is counted. If the fifth day falls on a Sunday or a court holiday, the period extends to the next day that is not a Sunday or holiday.

Worked example – hand delivery. A 5-day notice personally delivered to the tenant on a Monday starts the count on Tuesday. Tuesday is day 1, Wednesday day 2, Thursday day 3, Friday day 4, and Saturday is day 5. The tenant must pay in full or vacate by the end of Saturday. Because the fifth day is a Saturday (not a Sunday or holiday), it stands as the deadline. The earliest the landlord may file the eviction is the following day, once the 5 days have fully run.

Worked example – fifth day on a Sunday. A 5-day notice personally delivered on a Wednesday starts the count on Thursday and reaches day 5 on the following Monday – Thursday (1), Friday (2), Saturday (3), Sunday (4), Monday (5). Here the fifth day already lands on a business day and no extension is needed. But if the count were to end on a Sunday or a court holiday, the tenant would get the next business day as the last day to pay.

Worked example – certified mail. Illinois does not add a fixed number of days for mailed service the way some states do. When you serve by certified or registered mail, service is generally effective when the tenant receives it, and the 5-day count runs from receipt. Because delivery timing is uncertain, many Illinois landlord-tenant attorneys recommend combining mail with a personal-delivery or leave-with-occupant method, or simply building in extra calendar days, so the tenant unquestionably had at least the full 5 days. Giving more than 5 days never hurts the landlord – the extra time works in the tenant’s favor and creates no defect.

Why the count matters. Filing the eviction before the 5 days have fully expired is the single most common way a correctly-drafted notice is thrown out. Count in calendar days, exclude the day of service, extend past a Sunday or holiday if the fifth day lands there, and file no earlier than the day after the period ends. The generator on this page performs this calendar-day computation automatically from the date of service.

Complete the form below to generate a compliant Illinois 5-Day Notice to Pay Rent or Quit. The form computes the pay-by deadline in calendar days, includes the required full-payment waiver language, and prints the service block for 735 ILCS 5/9-211. Serve by a statutory method and keep proof of service.

735 ILCS 5/9-211 authorizes the methods of service for a 5-day pay-or-quit notice. Email, text message, social media, and verbal notification are not statutory methods and do not satisfy the rule.

Affidavit of service

An affidavit (or certificate) of service should be completed by the person who served the notice. It states the date, time, location, method, and recipient of service. The Illinois courts publish a standardized Affidavit of Service of Demand or Notice for eviction cases; it is filed with the eviction complaint as an exhibit. Keep the signed original notice with the affidavit.

Documentation retention

Retain the signed original notice, the affidavit of service, the certified-mail receipt and return card, and any photographs of posting. If the eviction is filed, the notice and affidavit become court exhibits. If the tenant pays before the deadline, the documentation supports the cure record and any partial-payment receipt.

The state 5-day notice under 735 ILCS 5/9-209 applies everywhere in Illinois, but the City of Chicago and suburban Cook County add ordinance requirements on top of it.

City of Chicago – the RLTO. The Chicago Residential Landlord and Tenant Ordinance covers most rental units in the city. For a nonpayment termination, the landlord still serves the 735 ILCS 5/9-209 5-day notice, but the RLTO requires the landlord to attach a summary of the ordinance to the notice, and it provides tenants a right to cure certain landlord administrative defects. The RLTO also governs security-deposit handling, required disclosures, and interest on deposits. A Chicago landlord who serves a bare 5-day notice without the ordinance summary risks having the eviction delayed or dismissed.

Suburban Cook County – the RTLO. The Cook County Residential Tenant Landlord Ordinance applies similar protections to rentals in suburban Cook County (outside the City of Chicago, with some exemptions). Like the RLTO, it contemplates the state 5-day notice for nonpayment and layers ordinance-summary and disclosure requirements on top. Confirm whether a given municipality has opted out or has its own ordinance.

Second nonpayment within twelve months. Chicago practice recognizes that a tenant who receives a second 5-day notice within a twelve-month period still gets the 5-day notice, but the right to cure may be more limited on a repeat default. Verify the current ordinance text and any local administrative rules before serving in Chicago or Cook County, and consult the applicable rent-and-eviction resources for the municipality.

• Omitting the full-payment language. 735 ILCS 5/9-209 requires the notice to state, prominently, that only full payment waives the right to terminate. A notice without it can be attacked, and accepting any payment then risks waiving the notice entirely.
• Miscounting the 5-day period. The 5 days are calendar days, counted from the day after service, with the deadline extended past a Sunday or court holiday if the fifth day lands there. Treating the day of service as day 1 shorts the notice.
• Filing the eviction too early. Filing before the 5 days have fully expired defeats the action. Wait until the day after the deadline to file.
• Using a non-statutory service method. Email, text, and social media do not satisfy 735 ILCS 5/9-211. Use personal delivery, leave-with-occupant, certified or registered mail, or posting only when the unit is vacant.
• Posting on an occupied unit. Posting is authorized only where no one is in actual possession. Posting on an occupied unit is defective service.
• Accepting partial payment without the language or a written deal. If the notice lacks the full-payment statement, or if you make an oral deal to continue the lease for a partial payment, you may waive the notice. Keep any continue-the-lease agreement in writing.
• Overstating the amount demanded. Folding late fees, utilities, or damage charges into the rent figure can make the demand ambiguous. Demand rent, precise to the amount owed.
• Skipping the Chicago/Cook County ordinance summary. In the City of Chicago (RLTO) or suburban Cook County (RTLO), failing to attach the required ordinance summary can delay or defeat the eviction.

Illinois tenants served with a 5-day pay-or-quit notice have significant statutory and common-law rights. Understanding these helps landlords appreciate why procedural precision matters.

Right to pay and stay. If the tenant pays the full amount demanded within the 5-day period, the default is cured and the tenancy continues; the landlord cannot refuse a timely full payment. Right to cure after filing. Even after the eviction is filed, an Illinois tenant sued for nonpayment can generally pay the rent due plus court costs before the court enters an order of possession, and the case is resolved. After the order, the right to cure ends and the sheriff carries out the eviction.

Right to a proper notice. A tenant may defend the eviction by showing the notice was defective – missing the full-payment language, miscounted, overstated, or served by an unauthorized method. Right to raise the local ordinance. In the City of Chicago (RLTO) or suburban Cook County (RTLO), a tenant may raise the landlord’s failure to attach the ordinance summary or to follow ordinance procedures.

Right against retaliation. Illinois law (including the Retaliatory Eviction Act, 765 ILCS 720) prohibits eviction in retaliation for a tenant’s good-faith complaint to a governmental authority about a code violation. A 5-day notice issued in response to a habitability complaint or code-enforcement contact may give the tenant a defense. Right against self-help. Under 765 ILCS 705 and companion Illinois law, a landlord may not use self-help – lockouts, removing belongings, or shutting off utilities – to force a tenant out; the tenant may recover damages.

Right to fair housing protection. The federal Fair Housing Act and the Illinois Human Rights Act prohibit eviction decisions based on protected characteristics. Some jurisdictions add source-of-income protection. In Cook County and the City of Chicago, tenant legal-aid organizations routinely identify procedural defects in 5-day notices, so a technically correct notice is the landlord’s best protection.

Local ordinances (City of Chicago RLTO, Cook County RTLO, and any municipal ordinance) layer additional notice and procedural requirements on top of state law. Always verify current ordinance text before relying solely on state-level requirements, and see our guide to Illinois eviction procedure for the full process.

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