By Type
Pay or Quit – Informs the tenant that rent is overdue. It gives a final opportunity to pay before eviction.
Cure or Quit – Addresses lease violations other than rent. The tenant may correct the issue to remain in the property.
Termination of Month-to-Month Tenancy (30-Day Notice) – Used when the landlord chooses not to continue the rental. Advance notice is required.
Notice to Quit for Illegal Activity – Applies to serious violations involving unlawful conduct. Eviction may proceed without cure.
Eviction Laws
Illinois law sets clear notice periods for most eviction situations. Leases may add additional protections, but they cannot shorten statutory timelines.
- Rent Grace Period: 5 days before late fees may be charged (outside of Chicago).[1]
- Non-Payment of Rent: 5-day notice.[1]
- Lease Non-Compliance: 10-day notice.[2]
- Termination of Month-to-Month Tenancy: 30-day notice.[3]
- Eviction Lawsuit Type: Eviction.[4]
Each notice must be properly served and should clearly explain the tenant’s deadline to comply or vacate. Violating these rules can expose landlords to legal penalties and tenant claims:
- Utility Shutoff – A landlord may not terminate or interrupt a tenant’s utility services, except in emergency situations such as a gas leak or fire.[5]
- Changing the Locks – A landlord may not change a tenant’s locks without providing the tenant with a new key within 48 hours.[6]
How to Evict a Tenant in Illinois (Step-by-Step)
Step 1: Provide Written Eviction Notice
Before going to court, the landlord must serve the correct notice based on the situation:
- 5-Day Notice to Quit – Non-payment of rent
- 5-Day Notice to Quit – Unlawful activity
- 10-Day Notice to Quit – Lease non-compliance
- 30-Day Notice to Quit – Month-to-month tenancy
Step 2: File a Complaint and Summons With the Circuit Court
If the tenant does not comply, the landlord may file a summons and complaint with the local Circuit Court. Three copies are typically required: one for the court, one for the landlord, and one for the sheriff. Sample forms are available in some counties, including Cook County.
Filing fees vary by county and may be up to $366.[7]
Step 3: Serve the Tenant Through the Sheriff
After filing, the landlord must deliver the court documents to the sheriff’s department for service. The sheriff’s service fee is typically $60. Once served, the tenant may file an Answer with the court.
Step 4: Attend the Court Hearing
The court will schedule a hearing date. If the tenant fails to appear or the judge rules for the landlord, an Eviction Order will be issued. If the tenant does not move out by the specified date, the sheriff may enforce the eviction using the order.
Court Forms & Resources
- Eviction Summons – Notifies the tenant that an eviction case has been filed and provides instructions for responding.
- Eviction Complaint (Sample) – Filed by the landlord to begin the eviction case and outline the legal basis for removal.
- Answer to Complaint – Filed by the tenant to admit or deny the allegations by the deadline listed in the summons.
- Eviction Order – Issued by the judge if the landlord prevails and used to authorize removal by the sheriff.