Illinois Eviction Notice
Illinois eviction notice: 5-day pay-or-quit and 10-day notice to quit under the Illinois Eviction Act, statute cites included. Attorney review available.
Introduction
An eviction notice is a written notice a landlord serves on a tenant to begin ending a tenancy for cause, before filing an eviction case in court. This page provides the actual notice document to fill out and serve, distinct from a broader guide to how Illinois eviction law works. In Illinois, the notice depends on why you are evicting: nonpayment of rent gets a 5-day written demand for rent, and a lease violation other than nonpayment gets a 10-day notice to quit. Unlike some states, Illinois's 10-day notice does not have to offer a chance to fix the problem; the statute treats it as a straight notice to quit, though landlords may still choose to word it as curable. Illinois differs from many states in a distinctive way: the Illinois Supreme Court Commission on Access to Justice publishes statewide-approved notice forms, covering nonpayment, lease violations, non-renewal, and demand for immediate possession, that every Illinois court must accept. Illinois's eviction law, the Illinois Eviction Act at 735 ILCS 5/9-101 and following (Article IX of the Code of Civil Procedure, renamed from the Forcible Entry and Detainer Act in 2018), governs the entire pre-filing notice process. The 5-day rent-demand notice must state the exact amount owed and include a specific statutory sentence warning that only full payment waives the landlord's right to terminate. Serve the wrong notice type or day count, and the eviction case can be dismissed before it starts.
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Key Things to Know
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An eviction notice is a written notice a landlord must serve on a tenant to begin ending a tenancy for cause, before filing an eviction case in court.
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Illinois differs from many states: the Illinois Supreme Court Commission on Access to Justice publishes statewide-approved notice forms, including a Notice of Termination for Non-Payment of Rent and a Notice of Termination for Lease Violation, that every Illinois court must accept.
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Nonpayment of rent gets a 5-day written demand notice. The notice must state the amount due and include the statutory sentence warning that only full payment waives the landlord's right to terminate. (735 ILCS 5/9-209)
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A lease violation other than nonpayment, like an unauthorized pet or property damage, gets a 10-day notice to quit. Unlike some states, Illinois's statute does not require this notice to offer a chance to fix the problem; it is a straight notice to quit. (735 ILCS 5/9-210)
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If a tenant or occupant uses the premises to commit a felony or Class A misdemeanor, the landlord can void the lease and must then give a 5-day written notice to vacate before filing an eviction action. (735 ILCS 5/9-120)
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The governing law is the Illinois Eviction Act, 735 ILCS 5/9-101 and following (Article IX of the Code of Civil Procedure), renamed from the Forcible Entry and Detainer Act in 2018.
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Notice can be served by personal delivery, by leaving a copy with someone age 13 or older residing on or in possession of the premises, by certified or registered mail with a return receipt, or, if no one is in actual possession, by posting on the premises. Illinois does not require personal delivery to be attempted first. (735 ILCS 5/9-211)
Key decisions before you file
Before you file a Eviction Notice in Illinois, a few decisions shape the document: which option to choose and what each one means. The Eviction Notice guide walks through them.
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Illinois Requirements for Eviction Notice
Termination Notice for Holdover Periodic Tenancy (735 ILCS 5/9-207)
Distinct from the for-cause notices above: when a tenant holds over without a special agreement, the landlord may terminate a week-to-week tenancy with 7 days' written notice, or any other periodic tenancy of less than one year with 30 days' written notice, subject to exceptions in Section 9-207.5.
Service of Notice Requirements (735 ILCS 5/9-211)
Notice may be served by delivering a written or printed copy to the tenant personally, by leaving a copy with a person age 13 or older residing on or in possession of the premises, by sending a copy by certified or registered mail with a returned receipt from the addressee, or, if no one is in actual possession of the premises, by posting a copy on the premises. Illinois does not require personal delivery to be attempted first, unlike some states.
Notice Period for Lease Default (735 ILCS 5/9-210)
10-day notice to quit for any default in the terms of the lease other than nonpayment of rent. The statute does not itself grant the tenant a right to cure the violation and save the lease; it is a straight notice to quit, and the tenancy may be terminated on giving the notice at any time after the default. The notice must describe the specific default and may follow the suggested statutory form.
Notice Period for Nonpayment of Rent (735 ILCS 5/9-209)
5-day written demand notice after rent is due and unpaid. The notice must state the amount of rent due and must prominently include the statutory sentence: "Only FULL PAYMENT of the rent demanded in this notice will waive the landlord's right to terminate the lease under this notice, unless the landlord agrees in writing to continue the lease in exchange for receiving partial payment." If unpaid at the end of the 5 days, the landlord may treat the lease as ended and file an eviction action without further notice.
Statewide-Approved Notice Forms (Illinois Supreme Court Commission on Access to Justice)
The Illinois Supreme Court Commission on Access to Justice has approved statewide notice forms, including a Notice of Termination for Non-Payment of Rent, a Notice of Termination for Lease Violation (Other than Non-Payment of Rent), a Notice of Non-Renewal of Lease or Termination of Tenancy, and a Demand for Immediate Possession. Every Illinois court must accept these forms. Using an approved form is not stated as the exclusive way to give notice, but they are official government-provided templates.
Lease-Voiding Notice for Criminal Use of Premises (735 ILCS 5/9-120)
If a lessee or occupant uses or permits the use of the leased premises for an act that would be a felony or Class A misdemeanor under Illinois law, the lease becomes void at the option of the lessor. Once the lessor elects to void the lease, the tenant or occupant must still receive a 5-day written notice to vacate before the lessor may seek eviction relief on this ground.
Governing Eviction Statute (735 ILCS 5/9-101 et seq.)
The statutory basis for every notice type on this page and the court process that follows if the tenant does not comply: the Illinois Eviction Act, 735 ILCS 5/9-101 and following (Article IX of the Code of Civil Procedure). Renamed from the Forcible Entry and Detainer Act by P.A. 100-173, effective January 1, 2018.