An Illinois lease termination notice is a document which officially announces the upcoming end of a rental tenancy. Either a landlord or tenant may give notice, in most cases at least 30 days in advance.
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 terminates a week-to-week lease, or a situation with no written lease where the tenant pays rent weekly. The non-terminating party must receive notice at least seven (7) calendar days before the date of termination.
Illinois 30 Day Notice To Vacate
An Illinois 30 Day Notice To Vacate terminates a month-to-month lease or a tenancy of less than one (1) year, other than week-to-week tenancies, as well as an expired lease or a situation with no written lease where the tenant pays rent monthly. In Chicago, this notice may terminate a tenancy of up to six (6) months in length, other than week-to-week tenancies. The non-terminating party must receive notice at least thirty (30) calendar days before the date of termination.
Illinois 60 Day Notice To Vacate
An Illinois 60 Day Notice To Vacate terminates a year-to-year tenancy. 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 for a lease. The non-terminating party must receive notice at least sixty (60) calendar days before the date of termination.
Illinois 120 Day Notice To Vacate
An Illinois 120 Day Notice To Vacate is most commonly used in Chicago as a notice of non-renewal for a lease, or to terminate a tenancy of over three (3) years. The non-terminating party must receive notice at least one hundred and twenty (120) calendar days before the date of termination.
How To Write a Lease Termination Notice in Illinois
To ensure the legal compliance of a lease termination notice:
- Use the full name of the receiving party, and address of record, if known
- Specify the termination date of the lease or tenancy
- 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 Calculate Expiration Date in Illinois
The “clock” for a lease termination notice starts “ticking” the day after the notice gets delivered (served). For example, to give at least 30 days of notice and terminate a tenancy as of June 30th, delivery of the termination letter 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 period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday.
How To Serve a Lease Termination Notice in Illinois
Illinois landlords and tenants may deliver a lease termination notice 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 with return receipt requested
- Only when the premises are abandoned: Posting at a conspicuous place on the premises, such as the entry door
Sources
- 1 735 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
