Illinois Statewide Rule
Illinois Eviction Notice Requirements
Key Facts
- Nonpayment of rent
- 5-day written notice (735 ILCS 5/9-209)
- Lease violation
- 10-day notice to quit (735 ILCS 5/9-210)
- No-cause month-to-month
- 30-day termination notice (735 ILCS 5/9-207)
- Court process
- Eviction action under Article IX; no self-help
Summary
Illinois requires a 5-day written notice for nonpayment of rent (735 ILCS 5/9-209), a 10-day notice to quit for lease violations (735 ILCS 5/9-210), and a 30-day termination notice for ending a month-to-month tenancy without cause (735 ILCS 5/9-207). Only a court may order eviction.
A landlord or his or her agent 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. If the tenant does not pay the rent due within the time stated in the notice under this Section, the landlord may consider the lease ended and commence an eviction or ejectment action without further notice or demand. A claim for rent may be joined in the complaint, including a request for the pro rata amount of rent due for any period that a judgment is stayed, and a judgment obtained for the amount of rent found due, in any action or proceeding brought, in an eviction action under this Section.
Full Breakdown
For unpaid rent, 735 ILCS 5/9-209 lets a landlord demand payment 'within a time mentioned in such notice, not less than 5 days after service thereof'; if the tenant does not pay, the landlord may 'consider the lease ended and commence an eviction or ejectment action without further notice or demand.' For other lease defaults, 735 ILCS 5/9-210 provides that 'it is not necessary to give more than 10 days' notice to quit.' To end a month-to-month tenancy with no cause, the 30-day notice under 735 ILCS 5/9-207 applies. A landlord cannot self-evict; after notice expires the landlord files an eviction action under Article IX, and only a court-issued order removes the tenant.
Violations & Penalties
No specific statutory penalty. A defective or short notice can have an eviction dismissed and force the landlord to restart. A landlord who removes a tenant by self-help (changing locks, shutting off utilities) instead of a court order may face liability for damages.
Frequently Asked Questions
How many days is an Illinois eviction notice for unpaid rent?
What notice is required for a lease violation other than rent?
Can an Illinois landlord evict without going to court?
Sources
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