Free Illinois 60-Day Notice to Terminate Year-to-Year Tenancy
Illinois 60-day notice to terminate year-to-year tenancy under 735 ILCS 5/9-205. Notice must be given before the last 60 days of any year of the tenancy. Year-to-year tenancies are less common in residential context but apply to certain land/farm and traditional arrangements.
Free Illinois 60-Day Notice to Terminate Year-to-Year Tenancy — overview
An Illinois 60-Day Notice to Terminate Year-to-Year Tenancy is an Illinois 60-day notice to terminate a year-to-year tenancy under 735 ILCS 5/9-205. The notice must be given before the last 60 days of any year of the tenancy and specify the termination date as the end of the yearly period.
Complete the Termination Notice
Complete the form below to generate an Illinois 60-Day Notice to Terminate Year-to-Year Tenancy. The notice must clearly identify: (a) the parties, (b) the rental property, (c) the termination date, (d) the statutory or contractual basis for termination, and (e) the consequence (tenant must vacate by the termination date). Improperly drafted or untimely notices can be challenged and may delay any subsequent eviction action.
⚠ Termination vs. Eviction
A termination notice ENDS the tenancy on the stated date — the tenant is expected to move out by then. If the tenant DOES NOT vacate after a proper termination notice, the landlord must file an eviction (holdover) action in court — the landlord cannot self-help. This notice does NOT authorize the landlord to remove the tenant; only a court order can do that. Lock-changes, utility shutoffs, and removing tenant belongings without a court order are illegal in every state.
1. Landlord / Agent Information
2. Tenant & Rental Property
3. Termination Date
735 ILCS 5/9-205 requires 60 days notice to terminate a year-to-year tenancy. Notice must be given before the last 60 days of the yearly period. Termination date = end of year. Count carefully — the clock typically starts the day AFTER service. Some states require the termination date to align with the rent period (e.g., end of a month for monthly tenancies).
4. Basis for Termination
5. Method of Service
6. Landlord / Agent Signature
About the Illinois 60-Day Notice to Terminate Year-to-Year Tenancy
Illinois 735 ILCS 5/9-205 establishes the rule that 60 days notice is required to terminate a year-to-year tenancy, and the notice must be given before the last 60 days of any year of the tenancy. The termination date must be the end of the yearly period. Year-to-year tenancies are most commonly seen in farm/land leases and traditional residential arrangements where the lease automatically renews each year unless terminated. In modern residential practice, most tenancies are fixed-term leases (with month-to-month conversion after expiration) or month-to-month from inception — pure year-to-year tenancies are less common but still legally valid. Chicago landlords are subject to RLTO §5-12-130 sliding-scale requirements that may exceed 60 days for long tenancies (120 days for >3 years). Cook County RTLO may also apply. Anti-retaliation under the Landlord Retaliation Act, 765 ILCS 721 (Public Act 103-831, effective January 1, 2025, which repealed the older Retaliatory Eviction Act at 765 ILCS 720), applies statewide.
Illinois Notice Framework
- Statute: 735 ILCS 5/9-205 (year-to-year termination)
- Notice period: 60 days
- Notice given before last 60 days of the year
- Termination date = end of yearly period
- Most common in farm/land and traditional residential arrangements
- Chicago RLTO and Cook County RTLO may impose additional requirements
If Tenant Does NOT Vacate by the Termination Date
If the tenant does not vacate at the end of the yearly period, the landlord must file an eviction (forcible entry and detainer) action under 735 ILCS 5/9-101 et seq. The notice must have been given before the last 60 days of the year; if served too late, the tenancy automatically renews for another year. Improper notice or premature filing can result in dismissal of the eviction action.
Common Mistakes That Defeat Termination Notices
- Serving notice within the last 60 days of the year (notice expires, tenancy auto-renews)
- Termination date not aligned with end of yearly period
- Misclassifying the tenancy (most modern residential tenancies are MTM, not Y2Y)
- Verbal notice (must be in writing)
- Chicago landlord using statewide 60 days instead of RLTO 120 days for long tenancies
- Improper service or no proof of delivery
Best Practices
- Calculate the notice period carefully. Count from the day AFTER service to the termination date. Most states count calendar days; some require the termination date to align with the end of a rent period.
- State the termination date clearly. Use a specific date, not just “X days from service” – that creates ambiguity.
- Cite the statutory basis. Don’t just say “tenancy is terminated”; cite the specific statute or lease provision that authorizes the termination.
- Use trackable delivery. Certified mail with return receipt is the gold standard. Personal service with a witness is also strong.
- No self-help. If the tenant does not vacate, file an eviction (holdover) action in court. Do NOT change locks, shut off utilities, or remove belongings – these are illegal in every state.
- Check anti-retaliation protections. Termination notices served shortly after a tenant complaint, repair request, or assertion of legal rights may trigger anti-retaliation defenses.
- Farm tenancies are carved out. 735 ILCS 5/9-205 applies except as provided in 735 ILCS 5/9-206, which governs tenancies from year to year of farm lands and requires not less than 4 months’ notice. Serving a 60-day notice on a farm tenancy uses the wrong statute entirely.
- Illinois preempts local rent control. The Rent Control Preemption Act, 50 ILCS 825/5 and /10, bars an Illinois unit of local government from enacting rent control, so the NYC / LA / SF ordinances national templates cite have no Illinois analogue. Chicago and Cook County do regulate other landlord duties by ordinance — check those instead.
Related Resources
- Illinois lease termination laws
- Illinois eviction notice laws
- Illinois breaking lease laws
- Illinois landlord tenant laws
- Illinois habitability laws
- Lease termination laws by state
Frequently Asked Questions
What exactly does 735 ILCS 5/9-205 require?
The section is short and worth reading whole. Except as provided in 735 ILCS 5/9-206 and 735 ILCS 5/9-207.5, in all cases of tenancy from year to year, 60 days’ notice in writing is sufficient to terminate the tenancy at the end of the year. It then adds a timing rule: the notice may be given at any time within 4 months preceding the last 60 days of the year. So the statute fixes both the length of the notice and the effective date of termination, which is the end of the tenancy year rather than any date you choose.
Is there a window for serving it, or can I serve early?
There is a window, and it is the part most templates omit. 735 ILCS 5/9-205 says the notice may be given at any time within 4 months preceding the last 60 days of the year. That describes an opening as well as a closing: too late is inside the final 60 days, and the statute’s own language does not contemplate a notice served, say, ten months out. Work backwards from the last day of the tenancy year, mark the 60-day line, then mark the 4 months before that line, and serve inside the resulting period.
Does the 60-day notice work for farmland leased year to year?
No, and this is the trap in the section. 735 ILCS 5/9-205 opens with an express exception for 735 ILCS 5/9-206, which governs tenancies from year to year of farm lands occupied on a crop share, livestock share, cash rent or other rental basis. There the notice to quit must be given in writing not less than 4 months prior to the end of the year of letting, it may not be waived in a verbal lease, and the section supplies a sample form. Serving a 60-day notice on a farm tenancy uses the wrong statute entirely.
How do I know my tenancy is year to year rather than something else?
It matters because each tenancy type has its own section and its own period. 735 ILCS 5/9-207 covers the shorter arrangements: subsection (a) allows a landlord to terminate a week-to-week holdover by 7 days’ written notice, and subsection (b) allows termination of any tenancy for a term less than one year, other than week to week, by 30 days’ written notice. Most modern residential lettings are month to month and fall under subsection (b). A true year-to-year tenancy renews annually, and only that arrangement takes the 60 days set by 735 ILCS 5/9-205.
Must the termination date line up with the rent payment period?
Not by statute. 735 ILCS 5/9-207 says nothing that ties a termination date to the rent period; aligning notices with rent dates is common practice and a sensible way to avoid argument, but it is not a requirement written into that section. What is statutory is different: under 735 ILCS 5/9-205 a year-to-year notice terminates the tenancy at the end of the year, so the effective date is set by the tenancy year, not by your convenience. Do not carry a rent-period rule learned in another state into an Illinois notice.
How must the notice be served?
735 ILCS 5/9-211 lists the permitted methods and it is narrower than most form dropdowns suggest. Deliver a written or printed copy to the tenant; or leave it with some person of the age of 13 years or upwards residing on or in possession of the premises; or send a copy by certified or registered mail with a returned receipt from the addressee; and, only where no one is in actual possession, post it on the premises. Ordinary first-class mail and email are not listed. Under 735 ILCS 5/9-212 a sworn return is prima facie evidence of service.
What if the property is in foreclosure?
Then the second exception in 735 ILCS 5/9-205 may control. Under 735 ILCS 5/9-207.5, a mortgagee, receiver, holder of a certificate of sale or deed, or the purchaser at a judicial sale who assumes control of residential real estate in foreclosure may terminate a bona fide lease only at the end of its term by no less than 90 days’ written notice, or, for a month-to-month or week-to-week term, by no less than 90 days’ written notice. That 90-day floor applies even to a purchaser who intends to occupy the unit as a primary residence.
Can a no-cause termination be attacked as retaliation?
Yes. The Landlord Retaliation Act, 765 ILCS 721, took effect January 1, 2025 and repealed the older Retaliatory Eviction Act. Under 765 ILCS 721/5 a landlord may not knowingly terminate a tenancy or refuse to renew because the tenant complained of code violations, requested repairs, joined a tenants’ organization, testified about the condition of the premises, or exercised any right provided by law. 765 ILCS 721/20 creates a rebuttable presumption where the retaliation follows protected conduct within one year, and 765 ILCS 721/15 lets a landlord rebut it with a legitimate non-retaliatory basis.
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⚖ Legal Disclaimer
This form is provided for general informational purposes only and does not constitute legal advice. For Illinois guidance, visit IL Attorney General and review 735 ILCS 5/9-205. Consult a qualified Illinois landlord-tenant attorney before serving a termination notice, especially in jurisdictions with rent control or just-cause eviction protections.
