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
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.