In Illinois, all evictions follow the same process:
- Notice is posted to correct the issue/vacate.
- If uncured and tenant remains, complaint is filed and served.
- Court serves tenant with summons and complaint.
- Hearing is held and judgment issued.
- If granted, eviction order is posted.
- Possession of property is returned to landlord.
From start to finish, an eviction in Illinois can be completed in two weeks to five months. However, it can take longer depending on the reason 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 lease terms or illegal activity. Even so, proper notice must first be given before ending the tenancy.
Grounds | Notice Period | Curable? |
---|---|---|
Nonpayment of Rent | 5 Days | Yes |
End of / No Lease | ~30 Days | No |
Lease Violation | 10 Days | No |
Illegal Activity | 7 Days | Maybe |
Eviction for Nonpayment of Rent
In Illinois, a landlord can evict a tenant for not paying rent on time. To do so, they must first give a 5 days’ notice to pay rent or vacate the premises. If the tenant does neither after that time, the landlord can move forward and file an eviction lawsuit.
According to Illinois law, rent is considered late the day after it’s due, and grace periods (if any) are addressed in the lease agreement. For example, if rent is due on the first of the month, it is considered late starting on the second of the month (if not paid in full). There is no right to a legal grace period (i.e., five days) or exceptions for weekends or court-observed holidays.
Once rent is considered late, the landlord can begin the eviction process by serving the tenant with proper notice.
Eviction for No Lease or End of Lease
In Illinois, a landlord can evict a tenant without a lease or with a lease that has ended (known as a “holdover tenant” or “tenant at will”). To do so, they must first terminate the tenancy by giving 30 days’ notice to move out.
Once the tenancy ends, if the tenant remains on the property, the landlord can move forward and file an eviction lawsuit.
Eviction for Violation of Lease or Responsibilities
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. Tenant responsibilities include, but are not limited to the following:
- Paying rent on time
- Keeping the unit clean and undamaged
- Removing any hazards
- Keeping the unit safe for occupancy
- Performing minor repairs and maintenance
- Not disturbing other tenants or neighbors
Regardless, the landlord must give 10′ days’ notice to cure the issue or move out before proceeding to filing an eviction.
If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process.
Eviction for Illegal Activity
In Illinois, a landlord can evict a tenant for illegal activity (i.e., possessing or selling illegal drugs). The tenant must be given a 5 days’ notice before the landlord can proceed with an eviction action.
If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process.
Illegal Evictions in Illinois
In Illinois, any of the below is illegal, and if found liable, could result in damages up to $300 or a divided sum of $5,000 to all tenants, whichever is less.
“Self-Help” Evictions
No matter the situation, a landlord is not allowed to forcibly remove a tenant by:
- Changing the locks.
- Shutting off utilities.
- Removing tenant belongings.
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.
A tenant can only be legally removed with a court order obtained through the formal eviction process.
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
- A tenant’s complaint to a governmental authority regarding a building or health code violation.
Step 1: Landlord Serves Notice to Tenant
A landlord can begin the eviction process in Illinois by serving the tenant with written notice. The notice must be delivered by one of the following methods:
- Hand delivering the notice to the tenant.
- Mailing a copy of the notice via certified mail or registered mail with a return receipt requested
- Leaving the notice with someone who is 13 years or older who lives at the premises.
It is important for a landlord to always maintain a copy of the signed and served notice as proof of proper service of notice.
5-Day Notice to Pay Rent or Quit
If a tenant is late on paying rent (full or partial) in Illinois, the landlord can serve them a 5-Day Notice to Pay Rent or Quit. This notice gives the tenant 5 judicial days to pay the entire remaining balance or vacate the premises.
Notice period begins the day after you serve the notice. If the last day of the notice period is a Saturday, Sunday, or a court holiday, the notice period ends at 12:00 am the next day (that is not a Saturday, Sunday, or court holiday).
30-Day Notice to Quit
For a tenant with no lease or a month-to-month lease in Illinois, the landlord must serve them a 30-Day Notice to Quit to end the tenancy. This eviction notice allows the tenant 30 judicial 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 | No Notice for Fixed Term |
Notice period begins the day after you serve the notice. If the last day of the notice period is a Saturday, Sunday, or a court holiday, the notice period ends at 12:00 am the next day (that is not a Saturday, Sunday, or court holiday).
10-Day Notice to Cure or Vacate
In Illinois, if a tenant commits a minor violation of the terms of their lease or legal responsibilities as a tenant, the landlord can serve them a 10-Day Notice to Cure or Vacate. This eviction notice gives the tenant 10 judicial days to fix the issue or move out.
Notice period begins the day after you serve the notice. If the last day of the notice period is a Saturday, Sunday, or a court holiday, the notice period ends at 12:00 am the next day (that is not a Saturday, Sunday, or court holiday).
5-Day Notice to Quit
In Illinois, if a tenant commits illegal activity, the landlord can serve them a 5-Day Notice to Quit. This eviction notice gives the tenant 5 judicial days to move out without the chance to cure the issue.
Notice period begins the day after you serve the notice. If the last day of the notice period is a Saturday, Sunday, or a court holiday, the notice period ends at 12:00 am the next day (that is not a Saturday, Sunday, or court holiday).

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 and lease provisions.
The summons and complaint must be served on the tenant by any one of the following: a sheriff, professional process server, or 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; or
- 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. This is called a default judgment. However, in Illinois, tenants can ask the judicial officer to vacate the 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 & 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; a
- Receipt that the complaint and summons were served to the tenant; and
- 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 seven days of receiving the order of eviction, or within seven 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
For additional questions about the eviction process in Illinois, please refer to the official state legislation, 735 ILCS 5/9-102 and ILCS 5/ 6-101-150 the Illinois Rules of Civil Proceedings, Rules 101 and 102, for more information.
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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…served by delivering a…copy thereof to the tenant, or by leaving…with some person of the age of 13 years or upwards, residing on or in possession of the premises; or by sending…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.
- 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…