An Illinois lease termination notice form is an official legal document provided to either the tenant or the landlord informing them that the tenancy is ending. If rent is paid monthly, then at least 30 days notice must be provided before the tenancy can end.
Types of Illinois Lease Termination Notice Forms
Notice Form | Lease Length |
7 Day Notice to Vacate | Weekly |
30 Day Notice to Vacate | Monthly / Less than 1 Year |
60 Day Notice to Vacate | Yearly |
120 Day Notice to Vacate | Lease Over 3 Years |
Illinois 7 Day Notice to Vacate
An Illinois 7 Day Notice to Vacate form is used by the landlord or the tenant to terminate a week-to-week lease in all locations. This letter may also be used for tenants with no written lease that pay rent weekly. The notice must be delivered by either party at least seven (7) calendar days prior to the end date specified in the notice.
Illinois 30 Day Notice to Vacate
An Illinois 30 Day Notice to Vacate form is used by the landlord or the tenant to terminate a month-to-month lease or a tenancy of less than one (1) year, other than week-to-week. In Chicago, this lease termination letter may be used to terminate a tenancy of up to six (6) months in length, other than a tenancy from week-to-week.
This letter may also be used for tenants with no written lease that pay rent monthly or for tenant with an expired lease.
Any tenant that holds over or overstays the lease without a special agreement may also be provided a lease termination letter by the landlord with at least thirty (30) calendar days notice to vacate the premises.
The lease termination letter must be delivered by either party at least thirty (30) calendar days prior to the termination date.
Illinois 60 Day Notice to Vacate
An Illinois 60 Day Notice to Vacate form is used by the landlord or the tenant to terminate a tenancy from year-to-year. In Chicago, this notice may also be used to terminate a tenancy of six (6) months to three (3) years in length or as a notice of non-renewal of the lease.
The lease termination letter must be provided by either party at least sixty (60) calendar days before the end date specified in the letter.
Illinois 120 Day Notice to Vacate
An Illinois 120 Day Notice to Vacate is most commonly used in Chicago as a legal letter to terminate a tenancy of over three (3) years or as notice of non-renewal of the lease.
The letter may be served at least one hundred and twenty (120) calendar days prior to the termination date or the expiration of the lease.
How to Write a Lease Termination Notice in Illinois
For a lease termination notice to be legally compliant:
- State who the legal letter is addressed to (use full name of the receiving party).
- Include the termination date of the lease or tenancy.
- Fill in the full address of the rental premises.
- For tenants, provide your new address and an updated phone number.
- Sign the notice and print your name.
- For landlords, include contact information, such as address and phone number.
- Complete the certificate of service by indicating the date and method of notice delivery along with printed name and signature.
Without this information on the lease termination notice, a judge may not be able to proceed with legal action.
How to Calculate Expiration Date in Illinois
A lease termination letter takes effect the day after it is served. Lease termination letters must be delivered at least the legally required number of calendar days in advance of the termination date. For example, if a landlord is terminating a month-to-month lease or a tenancy of less than one (1) year on June 30th, the letter must be served by either party before June 1st.
If the last day of the notice period falls on a weekend or legal holiday, then the notice period will not officially expire until the end of the following judicial day (a day when the courthouse is open).
How to Serve a Lease Termination Notice in Illinois
A landlord or tenant can deliver lease termination notices in Illinois using any of the below acceptable methods:
- Handing the notice to the receiving party in person;
- Handing the notice to a person at the premises who can accept the legal letter on behalf of the other party;
- Mailing the notice by certified or registered mail with a return receipt.
Sources
- 1 735 ILCS 5/9-207
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Sec. 9-207. Notice to terminate tenancy for less than a year.
Except as provided in Section 9-207.5 of this Code, in all cases of tenancy from week to week, where the tenant holds over without special agreement, the landlord may terminate the tenancy by 7 days’ notice, in writing, and may maintain an action for eviction or ejectment.
Source Link - 2 735 ILCS 5/9-207
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Notice to terminate tenancy for less than a year.
Except as provided in Section 9-207.5 of this Code, in all cases of tenancy for any term less than one year, other than tenancy from week to week, where the tenant holds over without special agreement, the landlord may terminate the tenancy by 30 days’ notice, in writing, and may maintain an action for eviction or ejectment.
Source Link - 3 735 ILCS 5/9-205
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Notice to terminate tenancy from year to year. 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.
Source Link - 4 Chicago Municipal Code 5-12-130
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For any residential tenancy of six months to three years, the landlord shall notify the tenant in writing at least 60 days prior to the stated termination date of the rental agreement of the landlord’s intent to terminate a periodic tenancy, not renew a fixed-term rental agreement or increase the rental rate. If the landlord fails to give the required written notice, the tenant may remain in the dwelling unit for up to 60 days after the date on which written notice is given to the tenant, regardless of the termination date specified in the notice or in an existing rental agreement. During such occupancy, the terms and conditions of the tenancy shall be the same as the terms and conditions during the month of tenancy immediately preceding the notice; provided, however, that if rent was waived or abated in the preceding month or months as part of the original rental agreement, the rental amount during such 60-day period shall be at the rate established on the last date that a full rent payment was made.
Source Link - 5 Chicago Municipal Code 5-12-130
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For any residential tenancy greater than three years, the landlord shall notify the tenant in writing at least 120 days prior to the stated termination date of the rental agreement of the landlord’s intent to terminate a periodic tenancy, not renew a fixed-term rental agreement or increase the rental rate. If the landlord fails to give the required written notice, the tenant may remain in the dwelling unit for up to 120 days after the date on which written notice is given to the tenant, regardless of the termination date specified in the notice or in an existing rental agreement. During such occupancy, the terms and conditions of the tenancy shall be the same as the terms and conditions during the month of tenancy immediately preceding the notice; provided, however, that if rent was waived or abated in the preceding month or months as part of the original rental agreement, the rental amount during such 120-day period shall be at the rate established on the last date that a full rent payment was made.
Source Link - 6 735 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