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:
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
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 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
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.
(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.
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.