Illinois 5 Day Notice To Vacate

Last Updated: March 30, 2024 by Roberto Valenzuela

An Illinois 5 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 isn’t allowed an opportunity to correct), such as committing a class X felony. The tenant must move out within five (5) calendar days of receiving notice.

When To Use an Illinois 5 Day Notice To Vacate

An Illinois 5 Day Notice To Vacate begins for the following tenant violations:

  • Committing waste (i.e., taking actions that substantially destroy or diminish the value of the rental property)
  • Engagement in any activity that results in a class X felony
  • Any other unlawful conduct, such as illegal drug activity

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 5 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 5 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.