In Illinois, in order for the delivery of a lease termination or eviction notice to be legal, certain rules and procedures must be followed. If they are not and the case proceeds to court, the case may be postponed or dismissed by a judge.
Who Can Serve Eviction Notices in Illinois?
In Illinois, landlords can serve eviction notices and lease termination notices themselves. Landlords may choose to hire a sheriff, process server or independent party over eighteen (18) years old to serve an official notice, but they are not required to do so by law.
When Can Eviction Notices Be Served in Illinois?
In Illinois, lease termination and eviction notices can be served immediately on any day of the week and at any time of day.
For a 5 Day Notice to Quit, the eviction notice used for tenants that do not pay rent in full and on time, a landlord can serve notice the day after rent is due. There is no legal grace period for paying rent in Illinois, rent is late starting the day after it’s due.
Acceptable Forms of Service in Illinois
A landlord can deliver notices in Illinois using any of the below acceptable methods:
- Hand delivery to the tenant
- Hand delivery to a person at least age 13 on the property who can accept the notice on behalf of the tenant
- Delivery by registered or certified mail with return receipt requested
- Only when the premises are abandoned: Posting at a conspicuous place on the premises, such as the entry door
Obtaining Proof of Service in Illinois
A landlord can demonstrate proof that a notice was delivered through the following methods:
- Hand Delivery – by completing a Declaration of Service at the time of delivery
- Certified or Registered Mail – via return receipt and by completing a Declaration of Service at the time of mailing
- Posting at the Premises – by taking a photograph and completing a Declaration of Service at the time of delivery
Illinois Eviction and Lease Termination Notice Forms
| Notice Form | Grounds |
| 5 Day Notice To Quit | Eviction for Unpaid Rent |
| 5 Day Notice To Vacate | Eviction for Illegal Activity |
| 10 Day Notice To Comply or Vacate | Eviction for Lease Violation
Chicago Only |
| 14 Day Notice To Comply | Eviction for Lease Violation
Chicago Only |
| 10 Day Notice To Vacate | Eviction for Lease Violation
All Locations, Except Chicago |
| 7 Day Notice To Vacate | Ending a Weekly Lease |
| 30 Day Notice To Vacate | Ending a Lease Less than 1 Year |
| 60 Day Notice To Vacate | Ending a Yearly Lease |
| 120 Day Notice To Vacate | Ending a Lease Over 3 Years |
Sources
- 1 735 ILCS 5/9-211
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Service of demand or notice. Any demand may be made or notice served by delivering a written or printed, or partly written and printed, copy thereof to the tenant, or by leaving the same with some person of the age of 13 years or upwards, residing on or in possession of the premises; or by sending a copy of the notice to the tenant by certified or registered mail, with a returned receipt from the addressee; and in case no one is in the actual possession of the premises, then by posting the same on the premises.
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