Illinois 10 Day Notice to Vacate | Eviction Notice Form

An Illinois 10 Day Notice to Vacate is an eviction document delivered to the tenant for an incurable breach of the lease, such as damaging the premises or disturbing the peace and enjoyment of others. There is no option to fix the violation and the tenant must move out within ten (10) calendar days.

When to Use an Illinois 10 Day Notice to Vacate

Landlords with rental property in Chicago use different eviction notice forms for lease violations, which include the 10 Day Notice to Comply or Vacate or the 14 Day Notice to Comply.

In locations outside of Chicago, the landlord is not required to allow the tenant a chance to fix a lease violation and may serve the 10 Day Notice to Vacate to begin the eviction process in Illinois:

If the tenant failed to comply with health/safety rules.
If the tenant disturbed the peace and enjoyment of other persons.
If the tenant refused to allow the landlord access to the rental unit.
If the tenant violated the rules with too many 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 to Comply or 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 (Chicago only).
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 charge the cost for the repairs to 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 Vacate

The Illinois 10 Day Notice to 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;
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 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

1 735 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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