🏛️ Courthouse Information and Locations for Illinois
Illinois Eviction Laws: Notice Requirements, Process, and Timelines
Illinois handles evictions through Circuit Court using a process called Forcible Entry and Detainer. Landlords must provide a 5-day notice for nonpayment of rent, giving tenants a short window to pay before court proceedings can begin. Lease violations require a 10-day notice to cure. While Illinois is generally moderate on the landlord-tenant spectrum, Chicago has its own Residential Landlord and Tenant Ordinance (RLTO) with significantly stronger tenant protections, including required security deposit interest and specific notice requirements. Below you’ll find the key details every Illinois landlord needs to know.
Illinois Eviction Laws
Comprehensive guide to Illinois's eviction process, including notice requirements, timelines, court procedures, costs, tenant protections, and landlord rights. Cases are typically filed in Circuit Court - Forcible Entry and Detainer.
⚡ Quick Overview
💰 Nonpayment of Rent
Only FULL payment of rent demanded within 5 days cures - partial payment does NOT waive landlord right to evict (except in Chicago/Cook County where accepting any rent waives right). Chicago RLTO and Cook County RTLO add significant additional protections. Chicago Fair Notice Ordinance requires 60-120 day notice for non-renewals depending on tenancy length. Court may stay eviction 60-180 days if landlord previously gave extensions.
📋 Lease Violation
10-day notice for lease violations is a notice to QUIT, not to cure - landlord is not required to allow cure (unlike nonpayment). 5-day unconditional quit for criminal/drug activity (735 ILCS 5/9-120). Chicago: 14-day notice required for health/safety violations. Same service requirements - posting alone is NOT valid.
📬 Service of Process
CRITICAL: Posting on door is NOT valid service for 5-day notice in Illinois. Must hand-deliver, leave with person 13+ at premises, or send certified/registered mail. Many landlords make this error causing case dismissal.
🏛️ Court & Legal Information
Cook County (Chicago) backlogs significant - can add weeks to months. Continuances common. Chicago RLTO requirements frequently cause procedural dismissals. Stay of execution possible 60-180 days.
⚖️ Appeals & Post-Judgment
Sheriff executes eviction order. Only sheriff can physically remove tenant. Illegal for landlord to change locks, shut off utilities, or remove property - penalties include 1 month rent per violation plus damages.
📦 Tenant Property & Abandonment
Landlord must provide written notice about abandoned property. 735 ILCS 5/9-319 governs. Notice specifies property, storage location, costs, and deadline to retrieve (7 or 15 days depending on how notice given). Reasonable storage costs deductible from security deposit.
🏦 Security Deposits
State law: 30 days if 5+ units (no deductions) or 45 days (with itemized deductions). No state deposit cap. Chicago RLTO: 30 days return, requires interest, separate account, receipt. Cook County RTLO: 1.5x rent cap, 30 days return, separate account. Penalty: 2x deposit for violations.
💵 Late Fees
No statewide late fee cap but fees must be "reasonable." Chicago RLTO: $10 for first $1,000, then 5% of total. Cook County RTLO limits late fees similarly. Many local ordinances restrict late fees.
🛡️ Tenant Protections
Illinois Rent Control Preemption Act (50 ILCS 825/) prohibits local rent control. However, Good Cause Eviction and Just Cause requirements being discussed. Chicago RLTO Fair Notice Ordinance provides some similar protections.
🏙️ Local Overrides & City-Specific Rules
Chicago RLTO is extremely comprehensive - separate set of rules for landlord-tenant relations. Cook County RTLO (2021) covers suburban Cook County. Evanston and Mount Prospect have own ordinances. Always check local rules in addition to state law.
Underground Landlord📝 Illinois Eviction Process (Overview)
- Serve the required notice based on the eviction reason (nonpayment or lease violation).
- Wait for the notice period to expire. If tenant cures the issue (where allowed), the process stops.
- File an eviction case with the Circuit Court - Forcible Entry and Detainer. Pay the filing fee (~$60-250).
- Tenant is served with a summons and has the opportunity to respond.
- Attend the court hearing and present your case.
- If you prevail, obtain a writ of possession from the court.
- Law enforcement executes the writ and removes the tenant if necessary.
🏛️ Courthouse Information and Locations for Illinois
📊 Data Confidence
ℹ️ Filing fees are approximate and may change - verify with local court clerk before filing | ℹ️ Eviction timelines are estimates - actual duration varies by county caseload, tenant response, and case complexity
Underground Landlord
Illinois Evictions: Complete Landlord Guide (Updated January 2026)
Disclaimer: General educational information only, not legal advice. Illinois eviction law is influenced by both state statutes and local ordinances, particularly in Chicago and Cook County. Consult a qualified Illinois attorney for legal advice on your specific situation.
Overview: How Evictions Work in Illinois
Illinois evictions are filed as Forcible Entry and Detainer actions in Circuit Court, governed by the Illinois Forcible Entry and Detainer Act (735 ILCS 5/9-101 through 5/9-321). The process requires strict compliance with notice requirements, and landlords can file a single action seeking just possession or a joint action seeking possession plus unpaid rent.
Illinois law prohibits self-help evictions. Landlords cannot change locks, shut off utilities, or remove tenant belongings without a court order. Only the sheriff can physically remove a tenant after the court issues an Order of Possession.
Critical Warning: Chicago and Local Ordinances
Many Illinois municipalities have their own landlord-tenant ordinances that provide additional tenant protections beyond state law. The most significant is Chicago’s Residential Landlord and Tenant Ordinance (RLTO), which affects properties in Chicago and has different rules than state law. Other cities with local ordinances include Evanston, Oak Park, Mount Prospect, and areas throughout Cook County.
If your rental property is in a municipality with its own ordinance, you must comply with BOTH state law AND local rules. Local ordinances often require:
- Longer notice periods (60 or 120 days in some cases)
- Additional reasons required for eviction
- Security deposit interest payments
- Specific lease provisions and disclosures
- Summary of tenant rights attached to leases
Illinois Eviction Notice Requirements
The type and length of notice depends on the reason for eviction. Always verify whether local ordinances require longer notice periods.
- Nonpayment of rent (5-day notice to pay or quit): If rent is unpaid, the landlord serves a written notice demanding payment within 5 days. If the tenant pays the full amount within the 5 days, the landlord must accept it and the eviction stops. Under state law, only full payment waives the landlord’s right to terminate—partial payment does not (735 ILCS § 5/9-209).
- Lease violations (10-day notice to quit): If the tenant violates lease terms (unauthorized pets, property damage, excess occupants, etc.), the landlord serves a 10-day notice. Note: This is a notice to vacate, not a notice to cure—the tenant must leave within 10 days.
- Month-to-month termination (30-day notice): To end a month-to-month tenancy, the landlord must provide 30 days’ written notice. The notice must be served before the start of the rental period and must terminate the tenancy on the last day of a calendar month. Chicago RLTO may require 60 or 120 days depending on tenancy length.
- End of lease term: Under the RLTO, landlords must provide written notice at least 30 days before the lease termination date stating whether they intend to renew or terminate. Without this notice, the tenant may remain up to 60 days after notice is finally served.
Chicago/Cook County Special Rules
Properties in Chicago and Cook County are subject to the RLTO, which has several key differences from state law:
- Accepting ANY rent waives eviction: Under Cook County RLTO Section 42-809(c)(1)(a), accepting any rent—even partial payment—waives the landlord’s right to terminate for that violation. This is stricter than state law, which only waives the right upon full payment.
- Longer notice for non-renewal: Depending on how long the tenant has lived in the unit, notice periods of 60 or 120 days may be required.
- Security deposit interest: Landlords must pay interest on security deposits and provide specific disclosures.
- Anti-retaliation protections: The RLTO prohibits eviction in retaliation for tenant complaints, joining tenant unions, reporting code violations, or exercising legal rights. If the tenant engaged in protected activity within one year before the alleged retaliation, a presumption of retaliation arises.
- Required RLTO summary: A summary of the RLTO must be attached to all Chicago residential leases.
How to Serve Notice in Illinois
Illinois law requires proper service of all notices. Valid methods include:
- Personal delivery directly to the tenant
- Leaving the notice with someone 13 years of age or older residing on or in possession of the premises
- Certified or registered mail with return receipt requested
- Posting on the door (only if premises are abandoned)
Illinois Eviction Process Timeline (Step by Step)
Step 1 – Serve the proper notice. Deliver the correct written notice based on the reason for eviction. Keep proof of service. Remember to check local ordinances for longer notice requirements.
Step 2 – File the Forcible Entry and Detainer complaint. If the tenant does not comply within the notice period, file an Eviction Complaint and Summons with the Circuit Court in the county where the property is located. Filing fees are approximately $234 (varies by county). Include copies of the lease and proof of notice service.
Step 3 – Serve the summons and complaint. The sheriff or a process server must deliver the court documents to the tenant. The summons will specify a court date.
Step 4 – Court hearing. Both parties appear before a judge. If the tenant does not appear, the landlord can seek a default judgment. If contested, both sides present evidence. Either party may demand a jury trial for residential premises.
Step 5 – Judgment and Order of Possession. If the landlord wins, the court enters a judgment and issues an Order of Possession, typically giving the tenant at least 7 days to move out.
Step 6 – Sheriff enforcement. If the tenant does not vacate by the deadline, the landlord requests sheriff enforcement. Only the sheriff can physically remove the tenant. The landlord is not required to store belongings left behind.
Tenant Defenses and Common Landlord Mistakes
Tenants may raise various defenses, and the Forcible Entry and Detainer court is a court of limited jurisdiction—only possession and monetary damages claims are allowed:
- Defective notice: Wrong notice type, insufficient days, improper service, or missing required language.
- RLTO violations: Failure to comply with Chicago’s additional requirements (disclosures, security deposit rules, notice periods).
- Retaliation: Eviction appears to be in response to tenant exercising legal rights, especially if activity occurred within the prior year.
- Accepting rent after notice: In Chicago/Cook County, accepting any rent waives the eviction. Under state law, only full payment waives.
- Habitability issues: Tenant claims landlord failed to maintain the property.
- Discrimination: Eviction based on protected class status.
Illinois Eviction Context (Late 2025–January 2026)
Illinois continues to expand tenant protections, particularly in urban areas. Many larger counties have implemented right-to-counsel programs and mediation services, which can extend eviction timelines compared to rural areas. Cook County’s eviction court system can experience significant backlogs.
Post-pandemic, eviction filings have increased, but courts continue to emphasize mediation and settlement where possible. Housing affordability remains a significant issue in the Chicago metro area, contributing to ongoing eviction pressure.
Best Practices for Illinois Landlords
- Determine if your property is subject to local ordinances (Chicago RLTO, Evanston, etc.) BEFORE taking any action.
- Use the correct notice for the specific violation—5-day for nonpayment, 10-day for lease violations, 30-day (or longer) for termination.
- In Chicago, attach the required RLTO summary to all leases.
- In Chicago/Cook County, do NOT accept any rent after serving a termination notice unless you intend to cancel the eviction.
- Document service of all notices and keep copies.
- Maintain accurate rent ledgers showing all payments and amounts owed.
- Pay security deposit interest as required by local ordinances.
- Never attempt self-help eviction—always go through the court process.
- Consider hiring an attorney, especially for Chicago properties with RLTO requirements.
Quick Reference: Illinois Eviction Rules
- Nonpayment of rent: 5-day notice to pay or quit
- Lease violations: 10-day notice to quit
- Month-to-month termination: 30-day notice (longer in Chicago/Cook County)
- Filing fee: Approximately $234 (varies by county)
- Order of Possession: Typically 7+ days to vacate
- Chicago RLTO: Accepting ANY rent waives eviction
- Removal: Sheriff only, after court order
- Local ordinances: Chicago, Evanston, Oak Park, Cook County—check requirements