Illinois landlords facing stubborn or nonpaying tenants often feel trapped in a maze of deadlines, court forms, and legal fine print. Understanding the Illinois eviction process and laws can turn that frustration into hope. This 2025 guide breaks down every key detail: why evictions happen, how long they take, what landlords can legally do, and how to stay compliant under Illinois’ landlord-tenant laws.
How Illinois Law Defines Eviction
Eviction in Illinois is a formal legal process that allows landlords to regain possession of their rental property from tenants who violate lease terms or fail to pay rent. Every step requires precision and compliance with court-approved procedures to remain valid.
Illinois eviction laws appear in the Illinois Code of Civil Procedure, found in 735 ILCS 5/9-101 through 5/9-321, which outlines how landlords must deliver notices, file complaints, and lawfully remove tenants.
Eviction With Just Cause
In Illinois, “just cause” means a lawful and well-defined reason for ending a tenant’s right to occupy a rental property, such as unpaid rent, lease violations, or illegal activity.
Illinois landlords can evict tenants with just cause under specific conditions outlined by state law. Common reasons include nonpayment of rent, unauthorized occupants, property damage, or ongoing lease breaches.
For both landlords and tenants, just cause ensures accountability and transparency throughout the eviction process. Landlords should carefully document every incident with written notices, dated photos, and communication records to protect themselves if the dispute reaches court. Proper documentation can make the difference between a quick resolution and a lengthy court battle.
Applicable law: 735 ILCS 5/9-102
No-Fault Evictions
Under Illinois law, a landlord may end a fixed-term lease without cause by simply allowing the term to expire at its stated end date. State law does not require nonrenewal notice unless the lease or a local ordinance specifically mandates it. Anti-discrimination and anti-retaliation protections still apply statewide. Further, Chicago’s Fair Notice Ordinance adds stricter requirements for certain rental properties.
For month-to-month renters, either party may terminate without cause by delivering written notice at least 30 days before the end of a monthly period. The notice must align with the rental payment cycle to be valid. In Chicago and Cook County, additional “just cause” or extended notice rules may apply, especially in longer-term tenancies or protected housing situations.
Applicable law: 735 ILCS 5/9-102(a)(4), 735 ILCS 5/9-207
Grounds for Eviction in Illinois
Illinois landlords can remove tenants for a variety of legally valid reasons, including:
Non-Payment of Rent
When Illinois tenants fall behind on rent, landlords don’t have to wait long to act. The state has no built-in grace period, meaning rent becomes late the day after it’s due (unless the lease states otherwise). Once that window closes, landlords can issue a 5-Day Notice to Pay or Quit, giving tenants 5 days to pay the full balance or vacate the property.
If the tenant ignores the notice or pays only part of the rent, the landlord can move forward with a formal eviction filing in court.
Applicable law: 735 ILCS 5/9-209
Lease Violations
A rental agreement defines the expectations between a landlord and tenant. When those expectations break down, Illinois landlords may have solid grounds to start eviction proceedings.
Common examples of lease violations include:
- Converting a spare bedroom in a Springfield duplex into an illegal Airbnb, hosting short-term guests despite a strict “no subletting” clause
- Installing a 200-gallon saltwater fish tank in a Chicago high-rise without permission, causing water damage to the unit below
- Repainting every wall in a Champaign rental and refusing to return it to its original color before move-out
Lease agreements protect both sides by setting boundaries and responsibilities from the start. That’s why landlords and tenants should always read their lease agreement carefully, follow it closely, and document any potential disputes before they escalate into formal action.
Applicable law: 735 ILCS 5/9-210
Illegal Use of the Premises
Under Illinois law, landlords can evict tenants who use their rental property for illegal purposes. For example, if a tenant is running an unlicensed gambling ring out of a Joliet basement, selling stolen catalytic converters from a Chicago alley garage, or storing illegal firearms in a Rockford storage unit, the landlord has the legal right to start eviction proceedings immediately.
Illegal use of the premises violates both lease terms and state law, exposing landlords to potential fines or property damage if left unchecked. Acting quickly helps protect the property and the surrounding community.
Applicable law: 735 ILCS 5/9-120
Tenant Actions that Threaten Health or Safety
Illinois law requires tenants to keep rental units clean, safe, and livable. When renters ignore those duties and create fire hazards, unsanitary conditions, or health code violations, landlords can begin eviction proceedings. The state’s housing laws place equal importance on habitability and tenant responsibility to maintain sanitary living conditions.
Common examples of health and safety violations in Illinois include:
- Allowing garbage, spoiled food, or mold to accumulate in the kitchen or bathroom
- Blocking emergency exits or stairwells with boxes or broken furniture
- Storing gasoline, propane tanks, or chemicals inside the unit
Landlords should document every violation with inspection reports, photos, and written warnings before issuing a formal notice to cure or vacate. For more details, reference Illinois’s warranty of habitability laws.
Applicable law: 765 ILCS 742/10, 735 ILCS 5/9-120
Destruction or Neglect of the Rental Unit
Illinois tenants must care for their rentals and avoid causing damage beyond normal wear and tear. When renters neglect the property or damage it (for example, smashing windows, tearing up hardwood floors, or flooding the bathroom from an overflowing washer), landlords can pursue eviction under state law.
Illinois law holds tenants responsible for maintaining the condition of the rental throughout their lease term. To prove property damage in court, landlords should gather detailed evidence, including dated photos, contractor repair estimates, inspection reports, and written communications showing the tenant’s responsibility.
Applicable law: 735 ILCS 5/9-102(a)(7), 765 ILCS 705/1
Tenant is in a Month-to-Month Rental Contract
Illinois landlords can end a month-to-month rental agreement at any time without giving a specific reason. To do so lawfully, they must provide the tenant with 30 days’ written notice before the start of the next rental period, using a Notice to Terminate Tenancy form.
If the tenant fails to move out by the deadline, the landlord can file an eviction lawsuit in county court. In cities like Chicago, local ordinances such as the Fair Notice Ordinance may require longer notice depending on how long the tenant has lived in the unit.
Applicable law: 735 ILCS 5/9-207
Step-by-Step Eviction Process in Illinois
Illinois eviction cases follow a court-supervised path with strict deadlines and required forms. Landlords must deliver notice, file in county court, serve the tenant, attend the hearing, and secure sheriff enforcement.
Here are the steps landlords must take:
1. Deliver Notice to the Tenant
Landlords should start by pinpointing the legal grounds for eviction. For unpaid rent, serve a 5-Day Notice to Pay or Quit; for material lease breaches, serve a 10-Day Notice to Quit. If the issue can be cured, give the tenant the statutory window to fix it before filing.
Some violations will not allow a tenant to cure, including illegal drug activity, violence, or property damage. Follow Illinois service rules: deliver notice as permitted by the lease, or use personal delivery or certified mail with proof. Document dates, amounts, and conversations to keep the timeline clean and defensible.
Notice Forms & Timelines
- 5-Day Notice to Pay Rent for nonpaying tenants
- 10-Day Notice to Quit for material lease violations
- 30-Day Notice to Terminate for month-to-month tenancies
- 7-Day Notice to Terminate for week-to-week tenancies
- Immediate filing for illegal use cases, notice tailored to facts
- Proof of notice by certified or registered mail with receipt, when used
Applicable law: 735 ILCS 5/9-209, 735 ILCS 5/9-210, 735 ILCS 5/9-207, 735 ILCS 5/9-120, 735 ILCS 5/9-211
2. File an Eviction Lawsuit Against the Tenant
When the notice period expires without payment or cure, the landlord can file an eviction complaint in the circuit court of the county where the property is located. The filing will request possession and, if appropriate, rent or damages, and will go forward under Illinois Eviction Act procedures.
Filing fees will vary by county and the requested relief. Many clerks publish current schedules online. After the landlord submits the complaint, the clerk will then open the case, issue a summons, and set a hearing date and time.
Applicable law: 735 ILCS 5/9-102, 735 ILCS 5/9-106
3. Serve Court Summons Paperwork to the Tenant
After the clerk sets a court date, the landlord will hire the county sheriff or a court-appointed certified private process server to deliver the summons, complaint, and all related documents (including the lease, notice, and rent ledger) to the tenant. The process server will complete a Return of Service form, file it electronically, and confirm delivery with the clerk.
Once served, the tenant will need to file both an Appearance and, if applicable, an Answer form before or at the first court date to preserve their right to contest the eviction. The summons will outline exact response deadlines and court details. Both parties must appear in court on the scheduled date.
Applicable law: 735 ILCS 5/2-202, 735 ILCS 5/2-203, 735 ILCS 5/9-107
4. Attend the Eviction Hearing
When the court date arrives, both the landlord and tenant (or their attorneys) will appear before a circuit court judge for the eviction hearing. Each side will have a chance to explain their case, present their arguments, and reference lease terms or sections of Illinois’s Eviction Act. The landlord will typically provide copies of the lease, payment records, served notices, and photos or inspection notes showing the violation.
During the hearing, the judge will review all evidence submitted, including rent ledgers, maintenance requests, emails, and testimony from property managers or witnesses. The court may ask questions, request additional proof, or call for clarification before taking the matter under advisement. Both parties will have the opportunity to respond or cross-examine witnesses before the judge closes the hearing for review.
Applicable law: 735 ILCS 5/9-109, 735 ILCS 5/9-110
5. Court Reaches a Ruling
After reviewing testimony, exhibits, and arguments, the judge will issue a decision on possession and any claimed rent. In Illinois, courts will often rule at the hearing or within a few days, then set any lawful stay of enforcement, usually for up to 7 days.
If the tenant prevails, they can remain in the rental property and may get extra time to cure a violation or pay their overdue rent. If the landlord wins, the court will enter a judgment for possession and damages. Tenants may appeal by filing a notice within 30 days and seeking a stay with bond, which temporarily pauses enforcement of the judgment while a higher court reviews the case. During the appeal, tenants must continue paying rent into the court’s registry to maintain their right to stay.
Applicable law: 735 ILCS 5/9-109, 735 ILCS 5/9-110, 735 ILCS 5/9-117, Ill. Sup. Ct. R. 303
6. Judge Issues an Order for Possession
If the judge rules for the landlord, the court will issue an Order for Possession, a document that authorizes the sheriff to restore the unit back to its owner. The order will set a brief stay, often up to 7 days, the tenant’s last deadline before enforcement by lockout.
Upon entry, the landlord will obtain a certified Order for Possession, pay any required fees, and deliver it to the sheriff for scheduling. The sheriff will post notice at the unit, coordinate access, and return on the date to restore possession of the property and keep the peace between landlord and tenant.
Applicable law: 735 ILCS 5/9-110, 735 ILCS 5/9-117
7. Law Enforcement Executes the Order for Possession
If the court-ordered stay expires and the tenant remains, the county sheriff will enforce the Order for Possession. Only law enforcement (not the landlord) can remove occupants and restore possession. The sheriff will schedule the lockout, supervise entry, and maintain order during removal operations.
After execution, the landlord will regain possession of the unit, and Illinois sets no statewide timeline for storing belongings removed during a sheriff lockout. The landlord should follow the sheriff’s instructions and any local ordinances, document items with photos and an inventory, and allow pickup access later if required by the rules.
Applicable law: 735 ILCS 5/9-110, 735 ILCS 5/9-117
Tenant Defense Against Eviction in Illinois
An eviction can derail nearly every part of a tenant’s life. Beyond losing a home, it can damage credit, block future rentals, and even jeopardize employment in competitive housing markets like Chicago. Still, tenants have tools to protect themselves and challenge unlawful evictions.
To minimize risk, tenants should stay proactive by documenting rent payments, keeping repair requests in writing, and communicating early when financial or maintenance issues arise. Negotiating a payment plan or mediation with local housing authorities can often prevent a notice from becoming a full-blown eviction case.
If the process feels overwhelming, tenants can turn to Illinois Legal Aid Online or the Lawyers’ Committee for Better Housing in Chicago. Both organizations offer free or low-cost legal help to renters facing eviction and can guide them through court hearings and settlement options.
Timelines to Expect
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 the Illinois Eviction Process
Typical 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 |
Handle the Illinois Eviction Process Confidently
Eviction can be a draining, high-stakes process for everyone involved. Illinois landlords who stay organized, follow deadlines, and document every step will move through it with far less stress. Property management software can simplify everything by tracking notices, automating paperwork, and keeping every legal step on schedule.
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