Illinois 10 Day Notice to Vacate | Eviction Notice Form

An Illinois 10 Day Notice To Vacate is a letter that complies with state legal requirements to begin eviction against a tenant for an “incurable” breach of the lease (i.e., one which the tenant is not allowed an opportunity to correct), such as disturbing the quiet enjoyment of other people. The tenant must move out within ten (10) calendar days of receiving notice.

When To Use an Illinois 10 Day Notice To Vacate

An Illinois 10 Day Notice To Vacate begins the eviction process outside of Chicago for the following tenant violations:

Failure to comply with health/safety rules.
Disturbing the quiet enjoyment of neighbors
Refusal to allow the landlord lawful access to the premises
Violation of occupancy rules
Other violations of the lease

note

Landlords with rental property in Chicago must typically give the tenant an opportunity for corrective action, and therefore use different eviction notice forms for lease violations, including the 10 Day Notice To Comply or Vacate or the 14 Day Notice To Comply.

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 Vacate

To help ensure the legal compliance of a Notice To 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
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 Vacate

Illinois landlords may deliver a Notice To 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

1 735 ILCS 5/9-210: Notice to quit/vacate. 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. Such notice may be substantially in the following form:

“To A.B.: You are hereby notified that in consequence of your default in (here insert the character of the default) of the premises now occupied by you, being, etc., (here describe the premises) I have elected to terminate your lease, and you are hereby notified to quit and deliver up possession of the same to me within 10 days of this date (dated, etc.).”
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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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