🚫 Illinois 5-Day Notice to Quit
Unconditional Notice for Unlawful Activity – 735 ILCS 5/9-120
⚖️ 735 ILCS 5/9-120: Allows landlords to terminate a lease and seek eviction when a tenant or member of the tenant’s household engages in criminal activity, including drug-related activity, on or near the premises that threatens health, safety, or peaceful enjoyment of other residents.
⚠️ UNCONDITIONAL NOTICE: Unlike the 5-Day Pay Rent notice, this is an unconditional termination. The tenant has NO right to cure and must vacate within 5 days regardless of any corrective action taken.
📌 When to Use: This notice is served when a tenant, household member, or guest engages in illegal activity such as drug dealing, violent crimes, weapons offenses, or other criminal conduct on or near the rental property.
🏠 Property Information
👤 Tenant Information
🏢 Landlord / Property Manager
📅 Notice Dates
📅 5-Day Deadline Calculator
Enter the notice date to calculate the deadline to vacate.
🚨 Nature of Unlawful Activity
📋 Supporting Documentation
💡 Important: While not required for the notice itself, having documentation strengthens your eviction case in court. Keep records of all evidence.
📬 Method of Service
✍️ Landlord Signature
📋 Certificate of Service
I certify that on , I served this 5-Day Notice to Quit on the above-named tenant(s) by the method indicated above.
Understanding the Illinois 5-Day Notice to Quit for Unlawful Activity
The Illinois 5-Day Notice to Quit for Unlawful Activity is a powerful tool for landlords dealing with criminal conduct on their property. Unlike the 5-Day Notice for nonpayment, this is an unconditional termination – the tenant has no opportunity to cure and must vacate.
When to Use This Notice
Under 735 ILCS 5/9-120, this notice is appropriate when a tenant, household member, or guest engages in:
- Drug-Related Activity: Manufacturing, selling, distributing, or possessing controlled substances
- Violent Crimes: Assault, battery, domestic violence, sexual assault
- Weapons Violations: Illegal possession or discharge of firearms
- Gang Activity: Criminal gang recruitment, participation in gang crimes
- Other Felonies: Felony criminal conduct on or near the premises
- Threats to Safety: Activity threatening health, safety, or right to peaceful enjoyment of other residents
Legal Requirements
What the Notice Must Include
- ✅ Complete property address
- ✅ Names of all tenants
- ✅ Nature of the unlawful activity
- ✅ Date(s) when activity occurred
- ✅ Statement that lease is terminated
- ✅ 5-day deadline to vacate
- ✅ Warning of eviction proceedings if tenant fails to vacate
Who Can Be Responsible
Tenants can be held responsible for unlawful activity committed by:
- The tenant themselves
- Household members (whether on the lease or not)
- Guests invited by the tenant
- Any person under the tenant’s control
Evidence and Documentation
💡 Pro Tip: While not required to serve the notice, strong evidence significantly improves your chances in court. Document everything.
Types of Evidence
| Evidence Type | Strength | How to Obtain |
|---|---|---|
| Police reports | Very Strong | Request from police department |
| Arrest records | Very Strong | Court records, police |
| Criminal conviction | Strongest | Court records |
| Video/photo evidence | Strong | Security cameras, phone |
| Witness statements | Moderate-Strong | Written, signed statements |
| Neighbor complaints | Moderate | Written complaints with dates |
The Eviction Process After Notice
📋 Steps After 5 Days Expire:
- File complaint – Submit Forcible Entry and Detainer complaint to Circuit Court
- Serve summons – Tenant must receive court summons
- Court hearing – Present evidence of unlawful activity
- Obtain judgment – If successful, receive Order of Possession
- Sheriff enforcement – Only sheriff can physically remove tenant
Special Considerations
Burden of Proof
In court, you must prove:
- Unlawful activity actually occurred
- Activity occurred on or near the premises
- Tenant, household member, or guest committed the activity
- Proper notice was served
Tenant Defenses
Be prepared for tenants to argue:
- Activity did not occur
- Tenant had no knowledge or control
- Improper notice or service
- Discrimination or retaliation
Chicago and Cook County
Additional local ordinances may apply. Chicago RLTO and Cook County RTLO properties should verify compliance with all applicable requirements.
⚠️ Warning: Filing a false or exaggerated notice can expose you to liability. Only use this notice when you have legitimate grounds supported by evidence.
⚖️ Legal Disclaimer
This form is provided for informational purposes only and does not constitute legal advice. Eviction for unlawful activity can be legally complex. Always verify current Illinois law and consult with an attorney, especially for contested evictions or situations involving potential violence.
