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 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 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:
- Handing the notice to the tenant in person;
- Handing the notice to a person of suitable age (over the age of 13) and discretion at the property AND mailing the notice by certified or registered mail with a return receipt;
- Posting the notice in a conspicuous place at the premises, such as the entry door, AND mailing the notice by certified or registered mail with a return receipt.
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 & Lease Termination Notice Forms
| Notice Form | Grounds |
| 5 Day Notice to Quit | Eviction for Unpaid Rent |
| 5 Day Notice to Vacate | Eviction for Incurable Breach |
| 10 Day Notice to Comply or Vacate (Chicago Only) | Eviction for Lease Violations |
| 14 Day Notice to Comply | Eviction for Lease Violations |
| 10 Day Notice to Vacate | Eviction for Lease Violations |
| 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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