📜 Illinois Demand for Possession Letter

Illinois Demand for Possession Requirements

Before a landlord can file an eviction lawsuit (Forcible Entry and Detainer) in Illinois, they must first serve written notice demanding possession of the property. The type of notice and time period depends on the reason for eviction.

Types of Notices

5-Day Notice (Non-Payment of Rent)

Used when a tenant fails to pay rent. The notice must state the exact amount of rent due. The tenant has 5 days to pay in full. If the tenant pays all rent owed within the 5 days, the landlord cannot proceed with eviction. Late fees should NOT be included in the 5-day notice amount.

10-Day Notice to Cure or Quit

Used for lease violations such as unauthorized pets, excessive noise, unauthorized occupants, or other breaches. The tenant has 10 days to correct (cure) the violation OR vacate. If the tenant cures the violation within 10 days, eviction cannot proceed.

10-Day Notice to Quit (No Cure)

Used for serious lease violations where no opportunity to cure is given, such as criminal activity on the premises, repeated violations after prior warnings, or violations that cannot be cured.

30-Day Notice to Terminate

Used to terminate a month-to-month tenancy. No reason is required. The notice must be given at least 30 days before the end of a rental period. This is a “no fault” termination.

60-Day Notice (Chicago/Cook County)

The Chicago RLTO requires 60 days notice for tenancies of 6 months to 3 years. Cook County RTLO also requires 60 days notice. For Chicago tenancies over 3 years, 120 days notice is required.

Service Requirements

• Personal Service: Hand the notice directly to the tenant
• Abode Service: Leave with a person 13 years or older at the tenant’s residence
• Posting & Mailing: Post conspicuously on the door AND mail a copy
• Certified Mail: Send via certified mail with return receipt

Counting the Days

The day the notice is served does NOT count. Start counting from the day after service. Weekends and holidays ARE counted. The notice period must fully expire before you can file an eviction case.

What Happens After the Notice Period

If the tenant does not comply with the notice (pay rent, cure violation, or vacate), you may then file an eviction complaint with the circuit court. You will need:

• Copy of the notice that was served
• Proof of service (affidavit, certified mail receipt, witness statement)
• Copy of the lease (if applicable)
• Filing fee

Common Mistakes to Avoid

• Including late fees in a 5-day notice amount
• Filing eviction before the notice period expires
• Not keeping proof of service
• Accepting partial rent payment after serving 5-day notice
• Using the wrong notice type for the situation
• Not using the longer notice periods required in Chicago