Free Illinois 90-Day Post-Foreclosure Termination Notice
Illinois 90-day post-foreclosure termination notice under federal PTFA, 12 USC §5220. Bona fide tenants receive at least 90 days notice after foreclosure sale. PTFA applies if tenancy preceded foreclosure, was arms-length, and rent was not substantially below market.
Free Illinois 90-Day Post-Foreclosure Termination Notice — overview
⚠ PTFA Protects Tenants After Foreclosure
The federal Protecting Tenants at Foreclosure Act (PTFA, 12 USC §5220) requires that bona fide tenants receive at least 90 days notice before being required to vacate after a foreclosure sale. PTFA applies if: (1) tenancy preceded the foreclosure, (2) tenancy was arms-length, (3) rent is not substantially less than fair market value. Tenants under a fixed-term lease can typically remain through the lease term unless the new owner intends to occupy the unit as a primary residence (then 90-day notice still required). This notice does NOT terminate a still-current lease — it terminates a holdover or month-to-month tenancy after foreclosure.
A Illinois 90-Day Post-Foreclosure Termination Notice is an Illinois 90-day post-foreclosure termination notice under federal PTFA, 12 USC §5220. Bona fide tenants must receive at least 90 days notice after a foreclosure sale before being required to vacate.
Complete the Termination Notice
Complete the form below to generate a Illinois 90-Day Post-Foreclosure Termination Notice. 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
PTFA 12 USC §5220 requires at least 90 days notice to bona fide tenants after foreclosure. Federal PTFA 90-day floor applies to bona fide tenants. Lease tenants typically remain through lease term (with 90-day floor if new owner will occupy). 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 90-Day Post-Foreclosure Termination Notice
The federal Protecting Tenants at Foreclosure Act (PTFA), 12 USC §5220, was originally enacted in 2009 to protect bona fide tenants whose landlord’s property was foreclosed upon. PTFA was permanently restored by the Economic Growth, Regulatory Relief, and Consumer Protection Act of 2018. PTFA requires that the immediate successor in interest (typically the foreclosing bank or new purchaser) provide at least 90 days notice to bona fide tenants before requiring them to vacate. A tenancy is bona fide if: (1) the tenancy preceded the date of the notice of foreclosure; (2) the tenancy was the result of an arms-length transaction; (3) the rent is not substantially less than fair market rent. Tenants under a bona fide fixed-term lease can typically remain through the end of the lease term UNLESS the new owner intends to occupy the property as a primary residence — in that case, the new owner must still provide 90 days notice but can terminate before the lease end. Illinois state law may provide additional protections. Cook County’s Just Housing Amendment imposes specific procedural requirements on post-foreclosure evictions. Always consult counsel before relying on this notice.
Illinois Notice Framework
- Federal: PTFA, 12 USC §5220 (90-day floor)
- Restored permanently by Economic Growth Act (2018)
- Applies to bona fide tenants only (arms-length, market rent, predates foreclosure)
- Fixed-term leases: tenant remains through lease term (with 90-day floor if owner-occupant)
- Cook County Just Housing Amendment may add procedural requirements
- State law may add additional tenant protections
If Tenant Does NOT Vacate by the Termination Date
If the tenant does not vacate by the termination date, the new owner must file an eviction action in Illinois court. The tenant may defend on grounds that: (1) the tenancy was bona fide and the lease term has not expired; (2) the new owner is not actually planning to occupy the unit; (3) the notice was procedurally improper; (4) PTFA notice period was not satisfied. Cook County Just Housing Amendment provides additional defenses. Consult an Illinois landlord-tenant attorney before filing.
Common Mistakes That Defeat Termination Notices
- Treating a bona fide lease tenant as terminable mid-lease (must let lease run unless owner-occupant)
- Ignoring PTFA — using shorter state-law period (90 days is the federal floor)
- Not establishing bona fide status (or treating non-bona-fide tenancy as protected)
- Improper service or premature eviction filing
- Ignoring Cook County Just Housing Amendment additional requirements
- Failing to identify successor-in-interest (foreclosing bank vs purchaser)
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.
- Check local rent control. Many cities (NYC, LA, SF, Berkeley, Portland, others) restrict no-cause termination of certain tenancies. Verify before serving.
Avoid problem tenants in the first place
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⚖ Legal Disclaimer
This form is provided for general informational purposes only and does not constitute legal advice. For PTFA guidance, visit HUD and review 12 USC §5220. Consult a qualified Illinois landlord-tenant attorney before serving a termination notice, especially in jurisdictions with rent control or just-cause eviction protections.
