From start to finish, an eviction in Illinois can be completed in 2 weeks to 5 months. However, it can take longer depending on the reason for the eviction and whether the tenant contests it.
Grounds for an Eviction in Illinois
In Illinois, a landlord cannot legally evict a tenant without cause. Legal grounds to evict include:
- Not paying rent on time
- Staying after the lease ends
- Violating the terms of the lease
- Committing illegal activity
Depending on the grounds for eviction, the landlord needs to give proper notice and provide the tenant a chance to cure the violation.
| Grounds | Notice Period | Curable? |
| Nonpayment of Rent | 5 Days | Yes |
| End of Lease or No Lease | 30 Days | No |
| Lease Violation
All Locations, except Chicago |
10 Days | No |
| Lease Violation
Chicago |
10 Days | Yes |
| Health / Safety Violation
Chicago |
14 Days | Yes |
| Illegal Activity | 5 Days | No |
Nonpayment of Rent
In Illinois, a landlord can evict a tenant for not paying rent on time. To do so, the landlord must first serve the tenant a 5 days’ notice to quit, which gives the tenant a chance to pay the balance due or move out.
Unless the lease states otherwise, rent is due at the beginning of each month and is considered late in Illinois the day immediately after its due date. Illinois landlords are not required to give tenants a rent payment grace period. However, if the lease or rental agreement allows for one, then the landlord must honor it.
If the tenant does not pay the balance due or move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.
Many Illinois properties are federally entitled to a minimum 30 days of advance notice before a landlord can file for eviction. This minimum applies to evictions for nonpayment of rent or fees, when a residential property was covered by the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act.
End of Lease or No Lease
In Illinois, a landlord can evict a tenant who does not have a lease (“tenant at will”) or has a lease that has terminated and continues to remain on the premises (“holdover tenant”). The landlord must first terminate the tenancy by giving the tenant 30 days’ proper notice to move out.
If the tenant does not move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.
Lease Violations
In Illinois, a landlord can evict a tenant for violating the terms of their lease or not upholding their responsibilities under Illinois landlord-tenant law. To do so, the landlord must first serve the tenant a 10-days’ notice to vacate.
In accordance with state law, if the rental premises are located outside of Chicago and the tenant violates the lease, the landlord can terminate the tenancy. The tenant does not have the option to fix the issue and must move out within the 10-day period.
Examples of lease violations include:
- Failing to keep the premises in a clean and sanitary manner
- Refusing to allow the landlord access to the rental unit
- Allowing unauthorized occupants or pets to reside in the rental unit
- Disturbing the peace and enjoyment of others on the premises
- Causing minor property damage (i.e. small holes in the sheetrock or missing blinds)
If the tenant does not move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.
Lease Violations in Chicago
In Chicago, a landlord can evict a tenant for violating the terms of their lease or not upholding their legal responsibilities. To do so, the landlord must first serve the tenant a 10 days’ notice to comply or vacate, which gives the tenant a chance to fix the issue or move out.
Examples of lease violations include:
- Refusing to allow the landlord access to the rental unit
- Allowing unauthorized occupants or pets to reside in the rental unit
- Disturbing the peace and enjoyment of others on the premises
- Parking a vehicle in an unauthorized area
If the tenant does not fix the issue or move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.
Health and Safety Violations in Chicago
In Chicago, a landlord can evict a tenant for violating health and safety standards or causing minor damage to the premises (i.e. small holes in sheetrock or missing blinds). To do so, the landlord must first serve the tenant a 14 days’ notice to comply, which gives the tenant a chance to fix the issue.
If the tenant does not clean the rental unit, make the necessary repairs or fix damages, the landlord can enter the rental unit to address the issue. The landlord can charge cleaning, repairs and/or damages to the tenant for full reimbursement.
Illegal Activity
In Illinois, a landlord can evict a tenant for committing illegal activity on the premises. To do so, the landlord must first serve the tenant a 5 days’ notice to vacate. The tenant does not have the option to fix the issue and must move out within the 5 day period.
In Illinois, illegal activity includes:
- Committing any unlawful activity that results in an arrest for a Class X felony
- Causing substantial property damage or destruction of the premises (waste)
- Causing irreparable harm to others
- Causing substantial damage to the premises or another person’s property
- Engaging in acts that violate local, state, or federal law
If the tenant does not move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.
Illegal Evictions in Illinois
In Illinois, there are a few different types of evictions that are illegal. If found liable, the landlord could be liable for damages up to $300 or a divided sum of $5,000 to all tenants, whichever is less.
“Self-Help” Evictions
A landlord is not allowed to attempt to forcibly remove a tenant by:
- Changing the locks
- Shutting off utilities
- Removing tenant belongings
A tenant can only be legally removed with a court order obtained through the formal eviction process.
If a landlord shuts off a utility service, the landlord may be liable for the amount of a rent abatement for each month, and a prorated rent for each part of a month that the utility service was shut off.
Retaliatory Evictions
It is illegal for a landlord to evict a tenant in response to exercising a legally protected right. These rights include:
- A tenant’s requests for habitability repairs
- Filing a complaint to a government authority
- Joining a tenant’s union or organization
- Pursuing a legal right to remedy habitability issues
In Illinois, most evictions follow the same process:
- Landlord serves tenant with written notice of violations
- Landlord files complaint with court due to uncured violations
- Court serves tenant with summons and complaint
- Court holds hearing and issues judgment
- Eviction order is granted
- Possession of property is returned to landlord
Step 1: Landlord Serves Notice To Tenant
A landlord can begin the eviction process in Illinois by serving the tenant with written notice. An Illinois landlord may deliver an eviction notice by any of the following 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
Landlords should always keep the original signed notice and declaration of service as proof of proper service if the case proceeds to court.
5-Day Notice To Quit
In Illinois, if a tenant is late on paying rent (full or partial), the landlord can serve them a 5-Day Notice To Quit. This eviction notice gives the tenant 5 days to pay the balance due or vacate the premises.
30-Day Notice To Vacate
For a tenant with no lease or a month-to-month lease in Illinois, the landlord can serve them a 30-Day Notice To Vacate to terminate the tenancy. This lease termination notice allows the tenant 30 days to move out.
However, for tenants that don’t pay monthly, the amount of notice differs:
| Rent Payment Frequency | Notice Amount |
|---|---|
| Week-to-Week | 7 Days |
| Month-to-Month | 30 Days |
| Quarter-to-Quarter | 30 Days |
| Year-to-Year | 60 Days |
10-Day Notice To Vacate
In Illinois, if a tenant does not reside in Chicago and commits a minor violation of the terms of their lease or legal responsibilities, the landlord can serve them a 10-Day Notice To Vacate. This eviction notice gives the tenant 10 days to move out without the chance to fix the issue.
10-Day Notice To Comply or Vacate
In Chicago, if a tenant commits a minor violation of the terms of their lease or legal responsibilities, the landlord can serve them a 10-Day Notice To Comply or Vacate. This eviction notice gives the tenant 10 days to fix the issue or move out.
14-Day Notice To Comply
In Chicago, if a tenant violates health or safety standards or causes minor property damage, the landlord can serve them a 14-Day Notice To Comply. This eviction notice gives the tenant 14 days to fix the issue.
5-Day Notice To Vacate
In Illinois, if a tenant commits an illegal activity that results in a felony arrest or causes substantial destruction to the premises, the landlord can serve them a 5-Day Notice To Vacate. This eviction notice gives the tenant 5 days to move out without the chance to fix the issue.
Step 2: Landlord Files Lawsuit with Court
As the next step in the eviction process, Illinois landlords must file a complaint in the appropriate Circuit Court. Filing fees may vary county to county, for instance, in McHenry County, the filing fee is $225. The complaint must include the:
- Notice
- Demand
- Affidavits of service
- Lease provisions
The summons and complaint must be served on the tenant by any one of the following:
- Sheriff
- Professional process server
- Anyone over the age of 18 who isn’t part of the case, at least three days prior to the hearing
The tenant may be served by any one of the following methods:
- Giving a copy to the tenant in person
- Leaving a copy with someone at least 13 years old at the rental unit
- Mailing via certified/registered mail with a return receipt
- Posting a copy on the rental property if all other methods fail
Note, that the summons must be served at least 7 days prior to the hearing in Cook County.
Step 3: Court Serves Tenant with Summons & Complaint
According to the Illinois Rules of Civil Proceedings, hearings will be scheduled for 7-40 days after the date the summons was issued by the court.
In Illinois, tenants are not required to file a formal answer with the court prior to the hearing, and may contest the eviction at the hearing itself.
If the tenant does not appear at the hearing, the judicial officer may rule in favor of the landlord, ordering the tenant to move out by a certain date. Tenants can ask the judicial officer to vacate this default judgment. This must be done within 30 days of the date of the judgment in order for the tenant to appear at a hearing and make the case for why they should not be evicted.
Step 4: Court Holds Hearing and Issues Judgement
A hearing on the complaint shall be scheduled with 14 days. If the tenant did not contest the eviction, the landlord will need to prepare for the hearing by bringing the following:
- A copy of the lease agreement
- The notice to quit or to pay
- The complaint and summons
- Receipt that the complaint and summons were served to the tenant
- Any evidence (i.e., photos of damage, billing statements, etc.) or witnesses to help prove the case in court.
Once the judge has enough information they will make a decision and enter an order. Regardless if the eviction was contested or not, if the judge rules in favor of the landlord, an Eviction Order will be subsequently issued and the process will proceed.
Step 5: Eviction Order Is Issued
The eviction order is the tenant’s final notice to leave the rental unit and gives them the opportunity to remove their belongings before the sheriff returns to the property to forcibly remove them. An eviction order must be given within 7 days by the court.
In some court locations, tenants may have additional time to move before the sheriff or other law enforcement officer is allowed to forcibly remove them from the rental property, as noted in Step 6 below.
Step 6: Sheriff Returns Property to Landlord
For evictions due to illegal activity or illegal drug activity, the sheriff or other law enforcement officer must remove the tenant from the rental unit within 7 days of receiving the order of eviction, or within 7 days of the expiration of a stay of execution.
For all other evictions, tenants may be allowed up to 14 days to move out, depending on the court location.
Illinois Eviction Process Timeline
In Illinois, an eviction can be completed in as little as 2 weeks to 5 months but can take longer depending on the reason for eviction, whether the eviction is contested, which days courts are (or aren’t) in session and other various possible delays.
Below are the parts of the Illinois eviction process outside the control of landlords for cases that go uncontested.
| Step | Estimated Time |
|---|---|
| Initial Notice Period | 5-30 Days |
| Court Issuing Summons | ~3 Business Days |
| Court Serving Summons | 7-40 Business Days |
| Tenant Response Period | Not Required |
| Court Ruling | 14 Business Days |
| Court Serving Eviction Order | 7 Days |
| Final Notice Period | 7-14 Days |
Flowchart of Illinois Eviction Process
Illinois Eviction Court Fees
The average cost of an eviction in Illinois for all filing, court, and service fees is $312. However, the cost varies heavily on the county and the amount of the eviction claim. Eviction lawsuits shall be filed in Circuit Court.
| Fee | Circuit |
| Initial Court Filing | ~$104+ |
| Summons Service | ~$50+ |
| Eviction Order Service | ~$15 |
| Eviction Order Execution | ~$143+ |
| Notice of Appeal (Optional) | $50 |
Sources
- 1 735 ILCS 5/9-209 (2019)
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A landlord…may, any time after rent is due, demand payment thereof and notify the tenant, in writing, that unless payment is made within a time mentioned in such notice, not less than 5 days after service thereof, the lease will be terminated…
- 2 735 ILCS 5/9-210(2019)
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When default is made in any of the terms of a lease, it is not necessary to give more than 10 days’ notice to quit, or of the termination of such tenancy, and the same may be terminated on giving such notice to quit at any time after such default in any of the terms of such lease.
- 3 735 ILCS 5/9-207 (2019)
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(a) …in all cases of tenancy from week to week, where the tenant holds over…the landlord may terminate the tenancy by 7 days’ notice, in writing…(b) …in all cases of tenancy for any term less than one year, other than tenancy from week to week, where the tenant holds over…the landlord may terminate the tenancy by 30 days’ notice, in writing…
- 4 735 ILCS 5/9-205 (2019)
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Except as provided in Section 9-206 and Section 9-207.5 of this Act, in all cases of tenancy from year to year, 60 days’ notice, in writing, shall be sufficient to terminate the tenancy at the end of the year. The notice may be given at any time within 4 months preceding the last 60 days of the year.
- 5 735 ILCS 5/9-207.5 (2019)
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(a) …residential real estate in foreclosure, as defined in Section 15-1225 of this Code, may terminate a bona fide lease…only: (i) at the end of the term of the bona fide lease, by no less than 90 days’ written notice or (ii) in the case of a bona fide lease that is for a month-to-month or week-to-week term, by no less than 90 days’ written notice.
- 6 735 ILCS 5/9-120 (2019)
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(d) If a lessor or the lessor’s assignee voids a lease or contract under the provisions of this Section and the tenant or occupant has not vacated the premises within 5 days after receipt of a written notice to vacate the premises, the lessor or lessor’s assignee may seek relief under this Article IX.
- 7 IL Rules on Civil Proceedings in the Trial Court, Rule 102
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(b) No summons in the form provided in paragraph (d) of Rule 101 may be served later than 30 days after its date. A summons in the form provided in paragraph (b) of Rule 101 may not be served later than three days before the day for appearance.
- 8 735 ILCS 5/9-211(2019)
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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.
Source Link - 9 IL Rules on Civil Proceedings in the Trial Court, Rule 101
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(b) (2) In any action for forcible detainer or for recovery of possession of tangible personal property, the summons shall be in the same form, but shall require each defendant to appear on a day specified in the summons not less than 7 or more than 40 days after the issuance of summons.
- 10 735 ILCS 5/9-120 (2019)
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(f) An eviction order entered in an action…if the action was brought as a result of…declaring a lease void pursuant to this Section, may not be stayed for any period in excess of 7 days…The sheriff or other lawfully deputized officers shall execute an order…within 7 days of its entry, or within 7 days of the expiration of a stay of judgment…
- 11 735 ILCS 5/9-109.7 (2019)
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An eviction order entered in an action…if the action was brought as a result of…declaring a lease void pursuant to Section 11 of the Controlled Substance and Cannabis Nuisance Act, may not be stayed for any period in excess of 7 days…The sheriff…shall execute an order…within 7 days of its entry, or within 7 days of the expiration of a stay of judgment…
