An Illinois eviction notice form is a legal demand for a tenant to comply with the terms of the rental agreement or else move out of the premises. Illinois landlords may deliver an eviction notice because of unpaid rent, lease violations, or illegal activity on the rental property.
Types of Illinois Eviction Notice Forms
| Notice Form | Grounds | Curable? |
| 5 Day Notice To Quit | Unpaid Rent | Yes |
| 10 Day Notice To Comply or Vacate | Lease Violation
Chicago |
Yes |
| 14 Day Notice To Comply | Lease Violation
Chicago |
Yes |
| 5 Day Notice To Vacate | Illegal Activity | No |
| 10 Day Notice To Vacate | Lease Violation
All Locations, Except Chicago |
No |
| 30 Day Notice To Vacate | Monthly Lease / Less than 1 Year | No |
Illinois 5 Day Notice To Quit
An Illinois 5 Day Notice To Quit evicts a tenant for nonpayment of rent. In Illinois, a landlord can file this notice the day after rent is due, with no grace period for the tenant. The tenant must pay all past due rent or else move out within five (5) calendar days.
Illinois 10 Day Notice To Comply or Vacate
An Illinois 10 Day Notice To Comply or Vacate demands correction of a lease violation that is “curable,” i.e., the tenant may get a chance to fix the situation rather than be evicted. A curable lease violation might include failure to maintain health and safety on the rental property, interfering with the quiet enjoyment of neighbors, or refusal to allow lawful entry by the landlord.
The tenant must take appropriate corrective action or else move out within ten (10) calendar days of receiving notice.
In Chicago only, landlords have a legal obligation to let tenants cure lease violations. Outside of Chicago, the landlord may evict the tenant without an opportunity to cure.
Illinois 14 Day Notice to Comply
An Illinois 14 Day Notice To Comply form is used in Chicago for an eviction for a curable lease violation, such as cleaning and repairing damage in the rental unit.
The tenant has the option to clean, replace items or make repairs within the timeframe specified, otherwise the landlord may enter the rental unit and complete the necessary work. If the tenants fail to comply with the notice, they will be charged by the landlord for cleaning and/or repair costs.
In locations outside of Chicago, the landlord is not legally required to allow the tenant an option to correct lease violations.
Landlords with rental property outside of Chicago can serve a 10 Day Notice to Vacate for a lease violation and begin the eviction process if the tenant fails to move out of the rental unit within ten (10) calendar days.
Illinois 5 Day Notice To Vacate
An Illinois 5 Day Notice To Vacate evicts a tenant for committing illegal activity on the premises that results in a felony arrest. The tenant is not given an opportunity for corrective action and must move out within five (5) calendar days of receiving notice.
Illinois 10 Day Notice To Vacate
An Illinois 10 Day Notice To Vacate evicts a tenant for an “incurable” lease violation, i.e., one which the tenant is not allowed to restore through corrective action. In most parts of Illinois, the landlord may decide whether a lease violation is incurable. The tenant must move out within ten (10) calendar days of receiving notice.
In Chicago only, the landlord must give the tenant an opportunity to cure most common lease violations, with incurable violations being only for serious offenses like criminal activity on the premises.
Illinois 30 Day Notice To Vacate
An Illinois 30 Day Notice To Vacate terminates a tenancy of less than one (1) year, other than a tenancy from week-to-week, as well as an expired lease or a situation with no written lease where the tenant pays rent monthly. The non-terminating party must receive notice at least thirty (30) calendar days before the date of termination.
In Chicago only, this notice applies only to tenancies of up to six (6) months in length, other than week-to-week.
How To Write an Eviction Notice in Illinois
To help ensure the legal compliance of an eviction notice:
- Use the tenant’s full name and address
- Specify the lease violation as well as any balance due
- Specify the date of termination
- Print name and sign the notice, including the landlord’s address of record
- Note 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 Calculate Expiration Date in Illinois
The “clock” for an eviction notice period starts “ticking” the day after the notice gets delivered (served). For example, to give at least 30 days of notice and begin court action as of June 30th, delivery of the eviction notice must be no later than May 31st.
In most jurisdictions, if the last day of a notice period is a Saturday, Sunday, or legal holiday, the notice period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday. This is called the “next judicial day;” in other words, the next day a courthouse is open.
How To Serve an Eviction Notice in Illinois
Illinois landlords may deliver an eviction notice 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
Sources
- 1 5 ILCS 70/1.11
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The time within which any act provided by law is to be done shall be computed by excluding the first day and including the last, unless the last day is Saturday or Sunday or is a holiday as defined or fixed in any statute now or hereafter in force in this State, and then it shall also be excluded. If the day succeeding such Saturday, Sunday or holiday is also a holiday or a Saturday or Sunday then such succeeding day shall also be excluded.
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.
Source Link
