An Illinois 5 Day Notice to Vacate is an official eviction letter served to the tenant for an incurable breach of the lease, such as committing a crime that results in a Class X Felony. There is no option to correct the violation and the tenant must move out within five (5) calendar days.
When to Use an Illinois 5 Day Notice to Vacate
Use a 5 Day Notice to Vacate to begin the eviction process for all locations in Illinois:
- If the tenant committed waste.
- If the tenant is engaged in any activity that results in a Class X Felony.
- If the tenant violated the law or any other unlawful conduct, such as illegal drug activity.
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.
- 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 costs to the tenant (Chicago only).
- 10 Day Notice to Vacate – If the tenant failed to comply with health/safety rules, violated rules with too many occupants at the premises or any other violations of the lease or property rules.
- 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 5 Day Notice to Vacate
The Illinois 5 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 incurable breach or violation;
- Include the tenant’s balance due, if applicable;
- Enter the date the tenancy terminates;
- Include the date the notice is served;
- Landlord prints name and signs notice;
- Landlord includes address and phone number.
How to Serve an Illinois 5 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
- 1 765 ILCS 705/5
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Sec. 5. Class X felony by lessee or occupant.
(a) If, after the effective date of this amendatory Act of 1995, any lessee or occupant is charged during his or her lease or contract term with having committed an offense on the premises constituting a Class X felony under the laws of this State, upon a judicial finding of probable cause at a preliminary hearing or indictment by a grand jury, the lease or contract for letting the premises shall, at the option of the lessor or the lessor’s assignee, become void, and the owner or the owner’s assignee may notify the lessee or occupant by posting a written notice at the premises requiring the lessee or occupant to vacate the leased premises on or before a date 5 days after the giving of the notice. The notice shall state the basis for its issuance on forms provided by the circuit court clerk of the county in which the real property is located. The owner or owner’s assignee may have the same remedy to recover possession of the premises as against a tenant holding over after the expiration of his or her term. The owner or lessor may bring an eviction action.
(b) A person does not forfeit his or her security deposit or any part of the security deposit due solely to an eviction under the provisions of this Section.
(c) If a lessor or the lessor’s assignee voids a contract under the provisions of this Section, and a tenant or occupant has not vacated the premises within 5 days after receipt of a written notice to vacate the premises, the lessor or the lessor’s assignee may seek relief under Article IX of the Code of Civil Procedure.
Source Link - 2 735 ILCS 5/9-211
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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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