If you are a landlord an eviction notice is an essential legal instrument you need to prepare with care. Customize your own Illinois eviction notice with our step-by-step template designer.
Last Update July 21st, 2021
Illinois Eviction Notice Types
It’s necessary to provide the correct type of Illinois eviction notice to the tenant you’re removing from your property. If you don’t, the eviction could be overturned or take significantly longer to complete.
You must give your tenant the precise legal document for the situation, detailing a valid legal reason for the eviction under IL statutes. This will also affect how long you must give the resident as notice before they have to leave the property.
As seen below, there are a few different options in Illinois when completing an eviction.
This type of eviction notice gives tenants 5 days to pay the rent or leave the property if they fail to pay within the contractually agreed time. If the tenant still doesn’t pay or vacate after the notice period ends, the landlord can take them to court.
In situations where the tenant violates the terms of the lease, landlords can issue them with a 10-Day Notice to Quit for Non-Compliance. This gives the resident a chance to correct the violation within 240 hours, or to leave the premises.
This can also be issued as an unconditional notice, giving the tenant no option to correct the break in the terms. However, this is usually only done when more serious breaches of the contract occur.
30-Day Notice to Quit (Month-to-Month)
When a landlord wants to end a tenancy that is paid for on a flexible monthly basis, they must provide 30 days’ notice of their intention to terminate the agreement. This is an unconditional order with no rights to cure.
Illinois Eviction Laws
Your Illinois eviction notice must follow the state’s rental property laws, in order to be valid. There are a number of important requirements that are obligatory when proceeding with the eviction of a rental tenant.
An eviction in Illinois may only happen in the case of:
|Nonpayment of rent||5 days' notice|
|Lease violations||10 days' notice|
|Lease termination||30 days' notice|
Illinois Eviction Process
The Illinois eviction process must be followed precisely to ensure that the tenant is legally removed from the property. Therefore the landlord must take the correct steps and follow the right procedures, as detailed by IL’s state law. To correctly complete an eviction in Illinois, the landlord must do the following:
Serve the tenant with a written statement giving a legally valid reason for the eviction and the correct amount of days’ notice for them to comply.
If the tenant does not comply with the eviction notice the landlord can file a complaint with a local court and a summons will be served.
The tenant and landlord can make their case in court. The presiding judge can then decide whether the eviction can proceed or not.
If the judge rules in the landlord’s favor and the tenant still refuses to vacate, the owner may process an eviction order with the court clerk.
When the eviction order has been processed the landlord may file the document with the county sheriff. The tenant will then have until the sheriff acts on the order to leave before being forcibly evicted.
FAQs About Illinois Eviction Notices
Before starting your eviction notice for real, it is sensible to understand the ins and outs of these important legal documents. Read more about Illinois’s eviction notices in our FAQs below and learn how to use these forms effectively.
How Long Does It Take to Evict a Tenant in Illinois?
In many cases, an Illinois eviction can be completed in a couple of weeks. Once the notice is served, the tenant will have between 5 - 30 days to vacate. If they comply, then the process will be over as soon as the notice period ends.
However, serving the eviction notice incorrectly can lead to delays in the process. Also, if the tenant refuses to vacate, eviction procedures can take somewhat longer. To go through the court process can take around 1 month depending on how busy the circuit or housing court system is at the time.
How to File an Eviction in Illinois
If a tenant doesn’t comply after being served with a legally valid Illinois eviction notice it will be necessary to file a Forcible Entry and Detainer case against them. To do this the landlord will need to visit their local circuit courthouse and file the case with the clerk of the court or electronically and provide the following evidence:
A copy of the lease agreement
The eviction notice that has been served (including proof of service)
Proof of any violations such as photographs, police reports, or receipts
Any witnessing parties to the violations
How Much Does It Cost to Evict Someone in Illinois?
How much evicting a tenant costs will often depend on how long the removal process lasts. If you serve the Illinois eviction notice and that leads to a resolution of the dispute, or the tenant simply leaves as instructed, then the costs are very low (below $280 not including potentially lost rent).
However, if the tenant refuses to leave the property this could lead to a more protracted and expensive legal case. If you need to seek legal advice or representation at any step of the process, this will of course carry much higher costs.