This article covers the notice types Illinois landlords use to start an eviction and the rules for delivering them. It is one of the procedures in Illinois landlord-tenant law: rights, notices, and eviction. The notice comes first; the court case comes after. If you want the full sequence from notice through the sheriff’s eviction, see the Illinois eviction process timeline, which walks through what happens once a case is filed.
The three main Illinois eviction notices
Illinois does not use a single eviction notice. The reason for the eviction sets the notice period, and using the wrong one can force a landlord to start over. Three notices cover most residential situations, and the Illinois Courts eviction self-help resources describe how each fits into a case.
A 5-day notice applies to unpaid rent. Under 735 ILCS 5/9-209, a landlord may demand overdue rent in writing and give the tenant at least 5 days to pay. If the tenant pays the full amount demanded within those 5 days, the tenancy continues and the landlord cannot proceed to eviction on that demand.
A 10-day notice applies to a lease violation other than nonpayment, an unauthorized pet, an unauthorized occupant, or another breach of the lease terms. Under 735 ILCS 5/9-210, the landlord gives at least 10 days’ notice to quit the premises once a default in the lease terms occurs.
A 30-day notice ends a month-to-month tenancy where the tenant has not broken the lease. Under 735 ILCS 5/9-207, terminating a tenancy of less than a year requires written notice, and for a month-to-month tenancy the notice is 30 days. A week-to-week tenancy under the same section requires 7 days’ notice.
The 5-day notice for unpaid rent
The 5-day notice is the most common Illinois eviction notice because it covers nonpayment. The demand identifies the amount of rent due and states that the tenant has 5 days to pay it. The 5-day count begins the day after the notice is served.
Payment stops the eviction, but only full payment. 735 ILCS 5/9-209 provides that only full payment of the rent demanded in the notice waives the landlord’s right to terminate the lease. A partial payment does not automatically reset the process, and the statute requires the notice to state this. If the 5 days pass without full payment, the landlord can file an eviction action.
The statute also addresses what happens when a landlord accepts rent after filing. Collecting rent that came due after an eviction suit was filed does not, by itself, waive the landlord’s right to continue the case, provided the notice contained the statutory language about full payment. In a nonpayment case, a tenant may raise a habitability problem as a defense; the Illinois implied warranty of habitability can affect how much rent a court finds is actually owed.
The 10-day notice for a lease violation
When a tenant breaks a lease term other than paying rent, the landlord uses a 10-day notice to quit. 735 ILCS 5/9-210 states that when default is made in any of the terms of a lease, it is not necessary to give more than 10 days’ notice to quit before starting an eviction.
The notice must describe the default, the specific lease term the tenant violated. The statute sets out a form of notice that names the default and states that the tenancy will terminate if the tenant does not deliver up possession. The notice is signed by the landlord or the landlord’s agent.
The 30-day notice to end a month-to-month tenancy
A landlord who wants to end a month-to-month tenancy without alleging any lease violation uses a 30-day notice. 735 ILCS 5/9-207 governs termination of a tenancy for a term of less than a year. For a month-to-month tenancy, 30 days’ written notice is required; for a week-to-week tenancy, the notice is 7 days.
The 30-day notice does not accuse the tenant of anything. It ends the rental arrangement at the close of the notice period. Because the tenancy is not being terminated for cause, the tenant does not have a payment or cure option that stops it. The tenant either moves by the end of the notice period or the landlord may file an eviction action after the notice expires.
Section 9-207.5 of the same Illinois eviction statute sets separate rules for tenants of a foreclosed property, who are entitled to longer notice in some circumstances. A tenancy created before a foreclosure can carry protections that a standard month-to-month notice does not override.
How the notice must be served
A notice is only effective if it is delivered in a way Illinois law allows. Serving a notice incorrectly is a common reason eviction cases are dismissed, because the tenant can challenge whether proper notice was ever given. The Illinois Courts standardized eviction forms include the notice and complaint documents used in these cases.
Deliver the notice by an approved method
Illinois allows a landlord to serve an eviction notice by handing it to the tenant in person, by leaving it with a person 13 years or older who lives at the property, or by sending it by certified or registered mail with a return receipt. Posting the notice on the door is generally allowed only when the property is vacant and no one can be found to receive it.
Count the notice period correctly
The notice period begins the day after service is complete, not the day the notice is handed over. For a 5-day notice, the tenant has 5 full days to pay. Weekends and holidays are counted, though the last day rules can shift a deadline that falls on a day the court is closed.
Keep proof of service
The landlord records how, when, and to whom the notice was delivered. Certified mail produces a receipt; personal service is documented by the person who delivered it. This proof becomes part of the eviction case, because the court will not proceed without evidence that the tenant received proper notice.
The waiting period runs off the notice type. Under the Illinois eviction statute, a landlord cannot file the eviction case until the full period set by the applicable notice section has expired.
What happens after the notice period ends
The notice does not remove the tenant. It is the required first step before a landlord can ask a court to order the tenant out. If the notice period passes and the tenant has not paid, cured, or moved, the landlord may file an eviction action, formally called a forcible entry and detainer action, in the circuit court for the county where the property sits.
The court process has its own steps: filing a complaint, serving a summons, a hearing, and, if the landlord prevails, an order of possession enforced by the sheriff. Illinois law prohibits a landlord from removing a tenant without going through this court process; self-help removals such as changing the locks or shutting off utilities are illegal, a point the Cornell Legal Information Institute’s overview of eviction reinforces. The Illinois eviction process timeline covers each stage from filing through the sheriff’s enforcement.
Frequently asked questions
How many days is an eviction notice in Illinois?
It depends on the reason. Nonpayment of rent requires a 5-day notice under 735 ILCS 5/9-209. A lease violation other than rent requires a 10-day notice under 735 ILCS 5/9-210. Ending a month-to-month tenancy without a violation requires 30 days under 735 ILCS 5/9-207. Local ordinances in cities such as Chicago can require longer periods.
Can a tenant stop a 5-day notice by paying?
Full payment of the amount demanded within the 5 days waives the landlord’s right to terminate on that notice, and the tenancy continues. Illinois law ties the waiver to full payment; a partial payment does not automatically stop the process. The notice itself must state that only full payment preserves the tenancy.
Does a 10-day notice give the tenant a chance to fix the problem?
State law does not require a cure period on a 10-day notice to quit under 735 ILCS 5/9-210, it is a notice to end the tenancy, not a demand to correct the violation. A lease or a municipal ordinance may add a right to cure. The lease terms and any local ordinance control whether the tenant can remedy the violation and remain.
What happens if the notice is served incorrectly?
A defective notice can lead to dismissal of the eviction case. Illinois allows service in person, by leaving the notice with a resident 13 or older, or by certified or registered mail. If the court finds the notice was not properly served or the waiting period was not honored, the landlord generally has to start over with a new notice.
Can a landlord evict without any notice?
No. A written notice for the correct period is required before an eviction case can be filed in Illinois, and a landlord cannot remove a tenant without a court order. Changing the locks, removing belongings, or shutting off utilities to force a tenant out is prohibited regardless of the reason for the eviction.