An Illinois eviction notice form for nonpayment of rent is a written document that states a tenant has 5 days to pay the rent or to vacate the premises. Additionally, there are other notice forms for other possible grounds for eviction in Illinois.
Types of Illinois Eviction Notices
Each possible ground for eviction has its own notice type. Some notices allow the tenant to fix (“cure”) the issue and continue the tenancy, while others simply state an amount of time to vacate by.
| Grounds | Time | Curable? |
|---|---|---|
| Unpaid Rent | 5-Day | Yes |
| Lease Violation | 10-Day | No |
| Lease Termination | 7/30/60-Day | No |
| Foreclosure | 90-Day | No |
| Illegal Drug Activity | 5-Day | No |
5-Day Notice to Pay (Nonpayment of Rent)
A landlord is allowed to evict a tenant for failing to pay rent on time.
According to Illinois law, rent is considered late the day after it’s due, and grace periods (if any) are addressed in the lease or rental agreement.
Once rent is past due, the landlord must provide tenants with a 5-Day Notice to Pay if the landlord wants to file an eviction action with the court. This notice gives the tenant the option to pay the past due amount in full within 5 days to avoid eviction.
If the tenant does not pay the rent due by the end of the notice period and remains on the property, the landlord may proceed with the eviction process.
According to Illinois law, the Eviction Notice for Nonpayment of Rent must include the following specific language:
“Only FULL PAYMENT of the rent demanded in this notice will waive the landlord’s right to terminate the lease under this notice, unless the landlord agrees in writing to continue the lease in exchange for receiving partial payment.”
Otherwise, if the landlord accepts payment for only part of the past-due amount owed, the eviction notice will be invalid and the landlord may not proceed with the eviction action.
It’s also a good idea to include the total amount of past-due rent owed.
Get the downloadable 5-Day Eviction Notice for Nonpayment Rent form template below (.pdf direct link).
10-Day Notice to Quit (Non-Compliance)
A tenant can be evicted in Illinois if they do not uphold their responsibilities under the terms of a written lease or rental agreement.
Typical lease violations under this category could include things like damaging the rental property, having too many people reside in the rental unit, and having a pet when there’s a no-pet policy.
Illinois landlords must provide tenants with a 10-Day Notice to Quit, giving tenants 10 days to move out of the rental unit to avoid eviction.
The notice must include:
- The specific lease violation(s);
- The address of the rental unit;
- That the tenant has 10 days to move out of the rental unit; and
- The signature of the landlord/landlord’s agent.
If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process.
Get the downloadable 10-Day Eviction Notice for Noncompliance form template below (.pdf direct link).
7/30/60-Day Lease Termination Notice (No Lease/End of Lease)
In the state of Illinois, if tenants “hold over,” or stay in the rental unit after the rental term has expired, then the landlord must give tenants notice before evicting them. This can include tenants without a written lease and week-to-week and month-to-month tenants.
Often this type of eviction applies to tenants who are at the end of their lease and the landlord simply doesn’t want to renew the lease.
The amount of time required in the notice depends on the type of tenancy.
- Week-to-Week – If the tenancy is from week-to-week, a landlord must provide the tenant with a 7-Day Notice to Quit.
- All Other Terms Except Year-to-Year – If the tenancy is for any term less than one year but more than week-to-week, a landlord must provide the tenant with a 30-Day Notice to Quit.
- Year-to-Year – If the tenancy is from year to year, a landlord must provide the tenant with a 60-Day Notice to Quit.
If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process.
Get the downloadable 7/30/60-Day Lease Termination Notice form template below (.pdf direct link).
90-Day Notice to Vacate (Foreclosure of Rental Unit)
If a rental property is foreclosed upon, and the tenancy will not be continued, the landlord/owner must provide the tenant with 90 days’ written notice to proceed with an eviction action.
The amount of notice is the same regardless of whether the tenant is week-to-week, month-to-month, or has a written lease.
If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process.
The notice should include the date the tenancy will terminate.
Get the downloadable 90-Day Eviction Notice for Foreclosure form template below (.pdf direct link).
5-Day Notice to Quit (Illegal Activity)
Tenants who are involved in illegal activity that constitutes a class X felony or other illegal activity must be given 5 days’ written notice before the landlord can proceed with an eviction action.
Class X felonies include, but are not limited to the following:
- Aggravated kidnapping
- Aggravated battery with a firearm
- Aggravated battery of a child
- Home invasion
- Aggravated criminal sexual assault
- Predatory criminal sexual assault of a child
- Armed robbery
- Aggravated vehicular hijacking
- Aggravated arson
- Possession of a controlled substance with intent to deliver
If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process.
The notice must include the reason the tenant is being evicted, and it must be on specific forms provided by the county in which the rental unit is located.
Get the downloadable 5-Day Eviction Notice for Illegal Activity form template below (.pdf direct link).
What to Include in Illinois Eviction Notices
Under Illinois law, a landlord is expected to provide some basic information on all eviction notices, including:
- The date the tenancy will terminate; and
- The reason for the eviction.
It’s also a good idea to include the tenant’s name and contact information (if known) just to be sure the correct person receives the notice.
The landlord may also want to get the tenant’s signature confirming that they received the eviction notice, if the notice was hand delivered.
In addition, the landlord should keep the receipt number if the notice was delivered by certified mail.
Delivering Eviction Notices in Illinois
In the state of Illinois, landlords can deliver an eviction notice by any of the following methods:
- Giving it to the tenant in person;
- Leaving the notice with someone over the age of 13 at the rental unit;
- Mailing the notice to the tenant via certified or registered mail; or
- Posting the notice in a conspicuous place on the rental unit (only if no one can be found on the property).
Note that using certified or registered mail is only one option under Illinois law.
Eviction Process in Illinois
- An eviction notice is posted by the landlord to vacate or “cure” the issue.
- If the tenant does not vacate when required to do so, a complaint is filed by the landlord with the county court.
- A hearing is held and judgment issued.
- If an eviction is granted, a Writ of Execution is posted at the property, giving final notice to the tenant to remove their belongings.
- Finally, the sheriff returns possession of the property to the landlord.
To learn more about the eviction process in Illinois, click here.
Sources
- 1 735 ILCS 5/9-209 (2019)
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A landlord…may, any time after rent is due, demand payment thereof and notify the tenant, in writing, that unless payment is made within a time mentioned in such notice, not less than 5 days after service thereof, the lease will be terminated…
- 2 735 ILCS 5/9-210 (2019)
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…substantially in the following form: “…You are hereby notified that in consequence of your default in (here insert the character of the default) of the premises now occupied by you, being, etc., (…describe the premises) I have elected to terminate your lease, and you are hereby notified to quit and deliver up possession of the same to me within 10 days of this date (dated…).”
- 3 735 ILCS 5/9-211 (2019)
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…delivering a …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 …by certified or registered mail… and in case no one is in the actual possession of the premises, then by posting the same on the premises.
- 4 735 ILCS 5/9-209 (2019)
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To prevent invalidation, the notice must prominently state: “Only FULL PAYMENT of the rent demanded in this notice will waive the landlord’s right to terminate the lease under this notice, unless the landlord agrees in writing to continue the lease in exchange for receiving partial payment.”
- 5 735 ILCS 5/9-210 (2019)
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When default is made in any of the terms of a lease, it is not necessary to give more than 10 days’ notice to quit, or of the termination of such tenancy, and the same may be terminated on giving such notice to quit at any time after such default in any of the terms of such lease.
- 6 735 ILCS 5/9-210 (2019)
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The notice is to be signed by the lessor or his or her agent, and no other notice or demand of possession or termination of such tenancy is necessary.
- 7 735 ILCS 5/9-207 (2019)
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(a) …in all cases of tenancy from week to week, where the tenant holds over…the landlord may terminate the tenancy by 7 days’ notice, in writing… (b) …in all cases of tenancy for any term less than one year, other than tenancy from week to week, where the tenant holds over…the landlord may terminate the tenancy by 30 days’ notice, in writing…
- 8 735 ILCS 5/9-205 (2019)
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Except as provided in Section 9-206 and Section 9-207.5 of this Act, in all cases of tenancy from year to year, 60 days’ notice, in writing, shall be sufficient to terminate the tenancy at the end of the year. The notice may be given at any time within 4 months preceding the last 60 days of the year.
- 9 735 ILCS 5/9-207.5 (2019)
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(a) …residential real estate in foreclosure, as defined in Section 15-1225 of this Code, may terminate a bona fide lease…only: (i) at the end of the term of the bona fide lease, by no less than 90 days’ written notice or (ii) in the case of a bona fide lease that is for a month-to-month or week-to-week term, by no less than 90 days’ written notice.
- 10 765 ILCS 705/5 (2019)
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(a) If…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…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…on or before a date 5 days after the giving of the notice.
- 11 735 ILCS 5/9-120 (2019)
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(d) If a lessor or the lessor’s assignee voids a lease or contract under the provisions of this Section and the tenant or occupant has not vacated the premises within 5 days after receipt of a written notice to vacate the premises, the lessor or lessor’s assignee may seek relief under this Article IX.
- 12 765 ILCS 705/5 (2019)
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(a) 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.
