Illinois Eviction Notice Laws: The Landlord and Tenant Guide
5-Day Pay-or-Quit · 10-Day Notice to Quit · 30-Day Month-to-Month · 7-Day Week-to-Week · The Eviction Article · Chicago RLTO
In Illinois, the eviction notice is step one, and a defective notice sinks the whole case. Before a landlord can file in circuit court, the law requires the right written notice, delivered the right way, for the right number of days. Choose the wrong notice, demand the wrong amount, miscount the days, or serve it improperly, and a tenant can have the whole case dismissed and force the landlord to start the clock over. This guide walks the framework end to end — every notice type, how many days each needs, how the five-day rent notice differs from the ten-day lease-violation notice, how to serve, the Eviction Act lawsuit, the sheriff-executed writ of possession, retaliation, and the Chicago and Cook County overlays — in plain English, with every rule tied to a concrete action.
The stakes are practical. Illinois evictions run under the Eviction Article of the Code of Civil Procedure, 735 ILCS 5/9-101 and following, and judges enforce the notice statutes closely: a five-day notice that pads the rent demand with late fees or a notice served or filed too early can hand the tenant a complete defense. Because local ordinances in Chicago and suburban Cook County change what a landlord must do, and because Illinois replaced its old retaliation statute with the new Landlord Retaliation Act on January 1, 2025, treat every figure in this guide as a starting point and verify the current statute and any local ordinance before you serve or file anything.
Below, an overview video summarizes the Illinois framework; the sections that follow break down each piece — the notice types and their day-counts, the five-day cure right, how to serve, what makes a notice valid, the Eviction Article lawsuit, retaliation and tenant defenses, the Chicago and Cook County overlays, a landlord playbook, and defensible-versus-fatal scenarios — plus an Illinois-specific FAQ.
Illinois Eviction Notices at a Glance
Nonpayment
5-day pay or quit (right to cure)
Lease Breach
10-day notice to quit
Month-to-Month
30-day notice; 7 days week-to-week
Just Cause
Not required statewide (Chicago differs)
The Notice Is Step One — and It Can Sink the Case
Every Illinois eviction begins with a written notice, and that notice is the single most common point of failure. Illinois evictions run under the Eviction Article of the Code of Civil Procedure, 735 ILCS 5/9-101 and following, and the courts read the notice statutes closely: the landlord who wants the fast, summary possession remedy has to earn it by following the notice rules exactly. A notice that names the wrong amount, gives the wrong number of days, is delivered the wrong way, or supports a case filed too early gives the tenant a clean defense — the judge can dismiss the case, and the landlord starts over from a fresh notice, losing weeks.
This is why the notice deserves more care than any other step. The rest of the process — filing the complaint, the hearing, the writ — is largely mechanical once the notice is right. Get the notice wrong and none of it holds. Throughout this guide, the theme repeats: the exactness of the notice decides the case long before a judge ever reads the complaint.
Padding the rent voids a five-day notice
The most frequent fatal defect in Illinois is demanding more than the rent actually owed. Because the tenant has a statutory right to cure by paying within five days under section 9-209 of the Illinois Code of Civil Procedure, the notice must state the exact rent due. Illinois courts, and Cook County and Chicago courts in particular, have invalidated five-day notices that add late fees, utility charges, or damages to the rent figure, because the tenant is entitled to know the precise sum needed to keep the home. Demand only past-due rent, and get the number right to the dollar.
Takeaway
In Illinois the notice is step one and the whole case rides on it. Courts read the notice statutes in the Eviction Article closely, so the right notice, the right amount, the right days, and proper delivery matter more than anything that happens in court. A defective notice is a complete defense that forces the landlord to start over.
The Illinois Eviction Notice Types
Illinois recognizes a handful of distinct notices, and using the wrong one is itself a defect. Which notice applies depends entirely on why the landlord wants the tenant out. The rent and lease-violation notices come from the Eviction Article of the Code of Civil Procedure; the termination notices for periodic tenancies come from sections 9-205, 9-206, and 9-207.
5-Day Notice to Pay Rent or Quit (Nonpayment)
When a tenant is behind on rent, the landlord serves a five-day notice to pay rent or quit under section 9-209 of the Illinois Code of Civil Procedure, 735 ILCS 5/9-209. It gives the tenant a choice: pay the exact past-due rent within five days and stay, or leave. This notice carries a right to cure — if the tenant pays the full amount of rent demanded within the five-day period, the lease is not terminated and the tenancy continues, so the landlord cannot proceed on that notice. The demand must be for rent only; adding late fees, utilities, or other charges is the classic way to void the notice. The five days are counted from service, and the landlord may not file the eviction complaint until the period has expired without payment.
10-Day Notice to Quit (Lease Violation)
When a tenant breaches a lease term other than paying rent — an unauthorized pet, an unapproved occupant, a prohibited use, or another violation of a covenant — the landlord serves a ten-day notice to quit under section 9-210 of the Illinois Code of Civil Procedure, 735 ILCS 5/9-210. It identifies the specific default and gives the tenant ten days. Unlike the five-day rent notice, section 9-210 does not give the tenant a statutory right to cure at the landlord’s option, so the notice can require the tenant to leave rather than fix the breach; the landlord’s own lease or a local ordinance may allow a cure, but the state statute does not require one. Because the ten-day notice can be terminal, the default should be described clearly and should genuinely fit the lease term at issue.
30-Day and 7-Day Termination of a Periodic Tenancy
When the landlord simply wants to end a periodic tenancy and the tenant has done nothing wrong, the vehicle is a termination notice under sections 9-205 through 9-207 of the Illinois Code of Civil Procedure. The length depends on the rental period: a month-to-month tenancy takes 30 days’ written notice under section 9-207, a week-to-week tenancy takes 7 days’ written notice under the same section, and a year-to-year tenancy takes 60 days’ written notice under section 9-205, given within the four months before the last sixty days of the year. Because Illinois has no statewide just-cause requirement, a landlord generally does not have to state a reason for a no-fault termination — but the action still cannot be retaliatory or discriminatory, and Chicago and Cook County add their own notice rules discussed below.
A 90-day notice after a foreclosure
Special rules apply when a rental home has gone through foreclosure. Under section 9-207.5 of the Illinois Code of Civil Procedure, a party who takes control of residential property in foreclosure — such as a purchaser at a judicial sale — generally must give a bona-fide tenant at least 90 days’ written notice before terminating the lease, even a month-to-month or week-to-week one. Federal rules and, for federally backed properties, a 30-day notice requirement under the federal CARES Act framework can also apply. If the property has been foreclosed or is federally subsidized, confirm the applicable notice period, because it can be longer than the ordinary state minimum.
Takeaway
The notice type follows the reason: 5-day pay-or-quit for nonpayment with a right to cure, 10-day notice to quit for a lease breach, and a termination notice to end a periodic tenancy — 30 days month-to-month, 7 days week-to-week, 60 days year-to-year. Using the wrong notice for the situation is itself a defect.
How Many Days Each Notice Requires
The day-count is where landlords most often trip. Each ground carries its own period, and the landlord may not file the eviction complaint until the period has fully expired. Use this table as the quick reference, then read the notes below it.
| Notice | Days required | Statute and grounds |
|---|---|---|
| Pay rent or quit | 5 days (tenant may cure by paying) | Section 9-209 of the Illinois Code of Civil Procedure, 735 ILCS 5/9-209 — nonpayment of rent |
| Notice to quit (lease breach) | 10 days | Section 9-210, 735 ILCS 5/9-210 — violation of a lease term other than rent |
| Month-to-month termination | 30 days | Section 9-207, 735 ILCS 5/9-207 — no-fault end of a month-to-month tenancy |
| Week-to-week termination | 7 days | Section 9-207 — no-fault end of a week-to-week tenancy |
| Year-to-year termination | 60 days | Section 9-205, 735 ILCS 5/9-205 — no-fault end of a year-to-year tenancy |
| Foreclosed or federally backed | Often 90 or 30 days — verify | Section 9-207.5 and federal rules layer on top |
Never file before the notice period expires
The period runs from the date the notice is served, and the landlord may not file the eviction complaint until the last day has passed without the tenant paying, curing where allowed, or leaving. Filing even one day early is grounds for dismissal, and the landlord has to serve a fresh notice and wait again. When a period ends on a weekend or court holiday, count conservatively and, when in doubt, wait an extra day before filing.
The lease can set a longer period, not a shorter one
A lease may provide for a longer notice period or a different demand procedure, and where it does, the landlord must honor it. What a lease cannot do is shrink a tenant’s statutory protection — a lease clause purporting to cut the five-day rent notice or the thirty-day termination notice below the statutory floor is not enforceable against the tenant. Where a Chicago or Cook County ordinance applies, its notice rules can also lengthen what the state statute requires.
Takeaway
The periods are 5 days for rent, 10 days for a lease breach, 30 days month-to-month, 7 days week-to-week, and 60 days year-to-year. Foreclosure and federally backed tenancies can require 90 or 30 days. Never file the complaint before the last day of the notice period has actually passed.
The Five-Day Notice and the Right to Cure
The five-day notice to pay rent or quit is the workhorse of Illinois eviction practice, and its defining feature is the tenant’s right to cure. Under section 9-209 of the Illinois Code of Civil Procedure, the tenant who pays the full amount of rent demanded within the five days keeps the tenancy — the default is erased and the landlord cannot evict on that notice. This makes the exactness of the rent figure decisive.
Demand Only Rent — Nothing Else
Because the tenant cures by paying the amount the notice demands, that amount must be the rent actually due and nothing more. A five-day notice that folds in late fees, utility bills, damages, or an estimated future month can be held invalid, because the tenant cannot know the precise sum needed to keep the home and may be forced to overpay to cure. Cook County and Chicago courts scrutinize five-day notices for exactly this padding. The safe practice is to demand only past-due rent, calculated to the dollar from the ledger, and pursue any other charges separately.
What Happens If the Tenant Pays
If the tenant tenders the full demanded rent within the period, the landlord must accept it and the tenancy continues; proceeding to file anyway invites dismissal and a fee award. If the tenant pays only part, the landlord is generally not required to accept a partial payment as a cure, but accepting partial rent can complicate or waive the notice, so a landlord who accepts anything short of the full demand should understand the risk before doing so. When the five days pass with no full payment, the landlord may treat the lease as terminated and file the eviction complaint.
Takeaway
The five-day notice carries a right to cure under section 9-209 of the Illinois Code of Civil Procedure — pay the exact rent within five days and the tenancy continues. So the demand must be rent only, to the dollar; padding it with fees or other charges is the classic way to void the notice.
How to Serve an Eviction Notice in Illinois
A notice written perfectly still fails if it is delivered the wrong way. Under the Eviction Article of the Illinois Code of Civil Procedure, a landlord serves a pre-suit notice such as the five-day or ten-day notice by one of a few authorized methods, and there is no valid “just email it” or “just text it” option unless a lease or ordinance specifically allows electronic service.
| Method | How it works | When to use it |
|---|---|---|
| Personal delivery | Hand the notice directly to the tenant | Always preferred; the cleanest proof |
| Leave with a resident | Leave a copy with a person of at least 13 years of age residing on or in charge of the premises | When the tenant is not present but a household member is |
| Posting | Affix a copy on the premises when no one is in actual possession | Only when no one is in possession to receive it |
Landlords commonly send a copy of the notice by certified mail with return receipt in addition to personal or posted service, because the receipt documents that the notice went out and when. Posting is a last resort, appropriate only where no one is in actual possession of the unit; taping a notice to an exterior door while the tenant is plainly living there, and calling it done, is a classic defective service that gets cases dismissed. Whatever method is used, the person who serves the notice should record who was served, how, when, and where.
Keep proof of service
Without a record of how and when the notice was delivered, a landlord may be unable to prove the notice period ever started — and an unprovable service is a losing one. Personal delivery documented by the server, or certified mail with a signed return receipt, is the strongest record. Chicago’s ordinance and some leases require specific service or documentation steps, so confirm any local requirement before you rely on posting alone.
Takeaway
Serve by personal delivery, by leaving the notice with a resident of at least 13, or by posting only when no one is in possession, and add certified mail for proof. Email or text alone is generally not valid service. Keep a record of who was served, how, when, and where.
What Makes a Notice Valid
Beyond picking the right notice and delivering it correctly, the notice’s content has to be right. A valid Illinois eviction notice is a written document — never oral — and, depending on type, generally includes the following.
| Required element | Why it matters |
|---|---|
| Tenant name(s) and property address | Identifies who is being noticed and which unit; a wrong name or address can void the notice |
| The exact ground | Nonpayment with the precise amount, or the specific lease violation, stated with enough detail to respond |
| Amount due (five-day notice) | The precise past-due rent only, so the tenant can cure by paying the exact sum |
| The deadline | The correct number of days for the notice type, counted from service |
| Date and signature | The date of the notice and the signature of the landlord or authorized agent |
For a five-day notice, the amount is not boilerplate — it drives the tenant’s right to cure, so it must be the rent actually due and calculated to the dollar. For a ten-day notice, the lease violation must be described specifically enough that the tenant knows exactly what conduct is at issue. An oral notice, a notice with the wrong number of days, or a notice missing the property address or the landlord’s signature can each be as fatal as no notice at all.
Takeaway
A valid notice is written, names the tenant and address, states the exact ground, and — for a five-day notice — demands the precise rent due, rent only. Vague grounds, an overstated amount, or a missing date or signature each void the notice.
After the Notice: The Eviction Lawsuit
If the notice period expires and the tenant has not paid, cured, or moved out, the landlord’s next — and only — lawful step is to file an eviction action under the Eviction Article of the Code of Civil Procedure, Illinois’s summary possession lawsuit (long known as forcible entry and detainer). A landlord cannot skip this step and cannot substitute self-help for it. The case is filed in the circuit court for the county where the property is located.
File the complaint
After the notice period runs, the landlord files an eviction complaint in the circuit court for the county, attaching the notice and describing the ground. A summons issues setting a first court date.
Serve the summons and complaint
The sheriff or a special process server delivers the summons and complaint to the tenant. Proper service is required before the court can enter a judgment against the tenant.
Court date and hearing
The tenant appears on the return date and may answer and raise defenses. Hearings are often short. The landlord must prove a valid tenancy, the ground, a proper notice, and proper service.
Default or trial
If the tenant does not appear, the landlord may seek a default judgment for possession. If the tenant contests, the court may set the matter for trial, where the landlord must prove every element.
Judgment and writ of possession
If the landlord prevails, the court enters a judgment for possession and issues a writ (an eviction order). The sheriff — not the landlord — enforces it and physically restores possession.
Only the sheriff can remove a tenant
A judgment for possession does not let the landlord change the locks personally. The court issues a writ of possession to the sheriff, who, after any statutory waiting period, returns to remove the tenant if necessary and restore the unit to the landlord. The landlord takes possession only after the sheriff has enforced the writ. Any shortcut around this is an illegal self-help eviction with its own penalties.