Illinois 5 Day Notice to Pay or Quit

An Illinois 5 Day Notice To Quit is a letter that complies with state legal requirements to begin eviction against a tenant for for nonpayment of rent. The tenant must pay the balance due or move out within five (5) calendar days of receiving notice.

When To Use an Illinois 5 Day Notice To Quit

An Illinois 5 Day Notice To Quit begins the eviction process when the tenant is late on rent. A landlord may deliver this notice when any portion of the rent remains unpaid, beginning the day after it’s normally due.

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.

warning

Many Illinois properties are federally entitled to a minimum 30 days of advance notice before a landlord can file for eviction. This minimum applies to evictions for nonpayment of rent or fees, when a residential property was covered by the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act.

How To Write an Illinois 5 Day Notice To Quit

To help ensure the legal compliance of a Notice To Quit:

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, and the payment necessary to avoid termination
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 5 Day Notice To Quit

Illinois landlords may deliver a Notice To Quit 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 5/9-211: 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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