An Illinois 10 Day Notice to Comply or Vacate is a Chicago eviction form for tenants that commit a curable lease violation, such as disturbing the peace and enjoyment of others. The tenant has the option to fix the violation, otherwise the tenant must move out within ten (10) calendar days.
When to Use an Illinois 10 Day Notice to Comply or Vacate
In locations outside of Chicago, the landlord is not legally required to give the tenant a chance to correct a lease violation. However, in Chicago, a landlord is required to give the tenant an opportunity to fix a lease violation before moving forward with the eviction process.
Use a 10 Day Notice to Comply or Vacate to begin the eviction process in Chicago:
- If the tenant disturbed the peace and enjoyment of other persons.
- If the tenant violated the rules with unauthorized occupants.
- If the tenant committed any other violations of the lease.
If none of the above are true, use one of the below forms to evict a tenant:
- 5 Day Notice to Quit – If the tenant is late on rent (starting the day after it’s due), either in part or in full.
- 5 Day Notice to Vacate – If the tenant committed an incurable breach that results in a Class X Felony, such as waste, illegal drug activity or other unlawful conduct.
- 10 Day Notice Vacate – If the tenant committed a health/safety violation, refused to allow the landlord access to the rental unit or violated any other rules of the lease.
- 14 Day Notice to Comply – If the tenant failed to repair or replace a damaged item in the rental unit during the timeframe specified, then the landlord will make the repairs and bill the tenant (Chicago only).
- 30 Day Notice to Vacate – If the tenant or the landlord is ending a month-to-month lease or a tenancy of less than one (1) year, other than week-to-week. This letter may also be used for tenants with no written lease that pay rent monthly or for tenants with an expired lease.
How to Write an Illinois 10 Day Notice to Comply or Vacate
The Illinois 10 Day Notice to Comply or Vacate form shall be completed as follows:
- Write all adult tenants’ names (do not include minors);
- Fill in the complete address of the rental premises;
- Specify the rule or lease violation;
- Enter the date tenancy terminates if violation not cured;
- Include the tenant’s balance due, if applicable;
- Include the date the notice is served;
- Landlord prints name and signs notice;
- Landlord includes address and phone number.
How to Serve an Illinois 10 Day Notice to Comply or Vacate
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 and discretion (age 13 or older) 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.
Sources
- 1 Chicago Municipal Code 5-12-130
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(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.
Source Link - 2 735 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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