Illinois 10 Day Notice to Comply or Vacate

An Illinois 10 Day Notice To Comply or Vacate is a letter that complies with Chicago-specific legal requirements to begin eviction against a tenant for a “curable” lease violation (i.e., one which the tenant is allowed an opportunity to correct), such as disturbing the quiet enjoyment of neighbors. The tenant must take appropriate corrective action or move out within ten (10) calendar days of receiving notice.

When To Use an Illinois 10 Day Notice To Comply or Vacate

A 10 Day Notice To Comply or Vacate begins the eviction process in Chicago for the following tenant violations:

Disturbing the quiet enjoyment of neighbors
Violating occupancy rules
Other violations of the lease

note

In Chicago, a landlord must give the tenant an opportunity to correct a lease violation if possible. In the rest of Illinois, the landlord may evict for a lease violation with no opportunity to correct. This form may, however, be appropriate for a landlord outside Chicago who wishes to give an opportunity to cure a tenant lease violation, even though it’s not legally required.

Some types of Illinois lease termination notice may allow different reasons for termination, or different notice periods. This may also apply to an eviction notice issued because of a lease or legal violation.

How To Write an Illinois 10 Day Notice To Comply or Vacate

To help ensure the legal compliance of a Notice To Comply or Vacate:

Use the full name of the receiving parties, and address of record, if known
Specify the termination date of the lease or tenancy
Specify the basis upon which the tenancy will terminate, and the corrective action(s) necessary to avoid termination
Fill in the full address of the rental premises
Provide updated/current address and phone number information
Print name and sign the notice
Complete the certificate of service by indicating the date and method of notice delivery, along with printed name and signature

It is easy to lose an otherwise justified legal action because of improper notice. Check carefully to ensure enough time after notice is delivered, not when it’s sent.

How To Serve an Illinois 10 Day Notice To Comply or Vacate

Illinois landlords may deliver a Notice To Comply or Vacate using any of these 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

note

In almost all cases, notice is legally served when it is received by the other party, NOT when it’s sent. Check specified date of termination carefully to ensure compliance with the legal requirements for a notice period.

Sources

1 Chicago Municipal Code 5-12-130: (b) Noncompliance by Tenant. If there is material noncompliance by a tenant with a rental agreement or with Section 5-12-040, the landlord of such tenant’s dwelling unit may deliver written notice to the tenant specifying the acts and/or omissions constituting the breach and that the rental agreement will terminate upon a date not less than ten days after receipt of the notice, unless the breach is remedied by the tenant within that period of time. If the breach is not remedied within the 10-day period, the residential rental agreement shall terminate as provided in the notice. The landlord may recover damages and obtain injunctive relief for any material noncompliance by the tenant with the rental agreement or with Section 5-12-040. If the tenant’s noncompliance is wilful, the landlord may also recover reasonable attorney’s fees.
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2 735 ILCS 5/9-211: 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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