Illinois 10 Day Notice To Vacate

Last Updated: March 30, 2024 by Roberto Valenzuela

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
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:

  1. Use the full name of the receiving parties, and address of record, if known
  2. Specify the termination date of the lease or tenancy
  3. Specify the basis upon which the tenancy will terminate
  4. Fill in the full address of the rental premises
  5. Provide updated/current address and phone number information
  6. Print name and sign the notice
  7. 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:

  1. Hand delivery to the tenant
  2. Hand delivery to a person at least age 13 on the property who can accept the notice on behalf of the tenant
  3. Delivery by registered or certified mail with return receipt requested
  4. Only when the premises are abandoned: Posting at a conspicuous place on the premises, such as the entry door

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.