An Illinois 30 Day Notice To Vacate is a letter that complies with state legal requirements to terminate a monthly lease or a tenancy of less than one year (or of up to six months, in Chicago only). The non-terminating party must receive notice at least thirty (30) calendar days before the date of termination.
When To Use an Illinois 30 Day Notice To Vacate
An Illinois 30 Day Notice To Vacate terminates the following types of tenancy:
- A tenancy of less than one (1) year, other than a week-to-week tenancy
- In Chicago only, this is, instead, a tenancy of up to six (6) months, other than a week-to-week tenancy
- An expired lease
- A rental with no written lease
- A tenant holding over on a lease without special agreement
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 30 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
- 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 30 Day Notice To Vacate
Illinois landlords and tenants may deliver a Notice To Vacate using any of these methods:
- Hand delivery to the other party
- Hand delivery to a person at least age 13 on the property who can accept the notice on behalf of the other party
- 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
Sources
- 1 735 ILCS 5/9-207
-
Notice to terminate tenancy for less than a year.
Except as provided in Section 9-207.5 of this Code, in all cases of tenancy for any term less than one year, other than tenancy from week to week, where the tenant holds over without special agreement, the landlord may terminate the tenancy by 30 days’ notice, in writing, and may maintain an action for eviction or ejectment.
Source Link - 2 Chicago Municipal Code 5-12-130
-
For any residential tenancy of less than six months, the landlord shall notify the tenant in writing at least 30 days prior to the stated termination date of the rental agreement of the landlord’s intent to terminate a periodic tenancy, not renew a fixed-term rental agreement or increase the rental rate. If the landlord fails to give the required written notice, the tenant may remain in the dwelling unit for up to 60 days after the date on which written notice is given to the tenant, regardless of the termination date specified in the notice or in an existing rental agreement. During such occupancy, the terms and conditions of the tenancy shall be the same as the terms and conditions during the month of tenancy immediately preceding the notice; provided, however, that if rent was waived or abated in the preceding month or months as part of the original rental agreement, the rental amount during such 60-day period shall be at the rate established on the last date that a full rent payment was made.
Source Link - 3 735 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.
Source Link
