Understanding the legal framework governing eviction notices in the State of Illinois is crucial for landlords and tenants alike.
It is essential for both parties to a rental agreement to know their rights and obligations during an eviction in order to minimize losses.
Eviction notices in Illinois are mandated by law in order to ensure that landlords do not act rashly or wrongfully.
They also hinder tenants from feigning ignorance and deceitfully taking over a rental unit. Overall, eviction notices are put in place to ensure a fair eviction process between both parties.
This article highlights the different types of Illinois eviction notices, and other legal processes associated with eviction.
Eviction Laws in the State of Illinois
The primary law that governs the eviction process in the State of Illinois is the Illinois Compiled Statutes (765 ILCS 705/) Landlord and Tenant Act. It highlights the grounds for eviction, types of eviction notices, and legal procedures that landlords must follow to properly remove a tenant.
It is also supported by the Illinois Compiled Statutes (735 ILCS 5/) Code of Civil Procedure. Specifically, 735 Ill. Comp. Stat. § 5/9-201 to 735 Ill. Comp. Stat. § 5/9-204 provides for the recovery of rent and termination of holdover tenants and other unique tenancies.
These laws highlight the appropriate legal processes to be used when initiating an eviction. Formalities such as summons, pleadings, and eviction orders are essential when it comes to the Texas eviction process.
Over the years, eviction laws in the State of Illinois have been amended to ensure that the rights of both landlords and tenants are adequately protected.
Types of Rental Agreements in Illinois
There are six types of rental agreements commonly found in Illinois. These include:
â—Ź Standard Residential Lease Agreement: This is a standard contract between a landlord and tenant. It usually includes key information on the parties and the rental property. It also highlights some contractual terms such as the rent fee, duration of the lease, and lots more.
â—Ź Month-to-Month Lease Agreement: This is a lease contract that has no precise date of termination. The contract automatically renews itself at the end of each month until either party wishes to terminate it by notice.
â—Ź Sublease Agreement: This is a rental agreement between an existing tenant and a third party. Here, the actual tenant sublets the rental property to a third party with the consent of the landlord.
â—Ź Roommate Agreement: This is a residential contract between two or more persons living together. Here, all the individuals are co-tenants answering to a sole landlord. The agreement usually contains living terms and obligations that all roommates must follow. The landlord typically has no part to play in this kind of arrangement.
● Commercial Lease Agreement: This is a contract that leases out a commercial property such as an office space, warehouses, cafes, etc to a “commercial tenant”. Commercial properties can be rented out to either a natural person or an artificial person with a legal personality. Hence, businesses, companies, organizations, and natural humans can enter into this kind of agreement following a different set of terms.
â—Ź Rent-to-Own Agreement: This is a rental agreement that helps tenants become property owners. In this kind of arrangement, the tenant has an option to buy the rental property at an agreed price in the future.
Grounds for Eviction
In the State of Illinois, evictions must follow due process. Before delving into the eviction process, one or more of the following grounds for eviction must be met:
- Failure to Pay Rent
Rent becomes late a day after the duration of the rent has expired. Where a tenant fails to pay rent once it is due, a landlord may validly issue a 5-day eviction notice under Illinois law.
Landlords are not mandated to give a grace period to the tenant. However, where the lease agreement requests it, the landlord must honor it.
- Violation of Lease Terms
The terms of a lease agreement are binding on both the landlord and tenant. The landlord has the right to issue an eviction notice if a tenant violates one or more terms in the lease agreement.
Examples of lease violations include;
- Damage to the rental property
- Smoking in non-smoking areas
- Keeping pets on a pet-free property
- Subletting the property without the landlord’s consent
- Engaging in criminal activity
Where a tenant violates a lease term, the landlord may issue a 10-day eviction notice in Illinois. The landlord is not required to allow the tenant to cure the violation.
If the tenant fails to cure the violation (where opportunity) or leaves the premises after 10 days (as stipulated in the notice), the landlord can file a lawsuit.
â—Ź Illegal or Criminal Activity
In Illinois, a landlord may issue a 5-day unconditional eviction notice to a tenant for engaging in an illegal activity on the rental property.
Examples of these illegal activities include:
- Homicide
- Violence or threat of physical assault
- Participation in the illegal production, use, or sale of a controlled substance
- Class X Felonies such as kidnapping, armed robbery, home invasion, etc., – 765 Ill. Comp. Stat. § 705/5
This is an unconditional eviction notice. In other words, the tenant does not have the opportunity to cure the violation. He can only move out of the rental unit.
But where the tenant fails to leave after the five-day timeline stipulated, the landlord may institute an action in court to recover possession of the premises.
- Health or Safety Violations
Where a tenant fails to comply with the health and safety codes of the rental, the landlord may issue an eviction notice.
Tenants are expected to keep the rental unit in a clean and habitable condition. Where the tenant violates this provision, it can be seen as a lease violation and therefore may warrant an eviction.
- End of Lease or No Lease
In Illinois, a landlord can evict a tenant who does not have a lease (“tenant at will”) or has a lease that has terminated and continues to remain on the premises (“holdover tenant”).
Where a lease agreement expires without renewal, the landlord may issue an eviction notice. In this case, the duration of the lease determines the type of eviction notice to be issued.
For instance, a weekly tenancy requires a 7-day eviction notice. A monthly or quarterly lease requires a 30-day eviction notice under Illinois law. A yearly tenancy requires at least a 60-day eviction notice.
In a foreclosure, tenants are unable to renew the lease agreement. As such, the landlord has to issue a 90-day eviction notice.
- Eviction for Repeat Lease Violation
Where an eviction notice is issued due to a violation of a lease term, and the tenant remedies that violation, the tenancy agreement will not be terminated.
However, if a tenant repeats the same or similar violation within six months of the initial violation, it would result in a total eviction. In this case, the landlord will serve a 10-day eviction notice under Illinois law.
Types of Eviction Notices in Illinois
Illinois eviction notices are legal documents issued by a landlord to inform a tenant to vacate the rental property.
There are different types of eviction notices recognized in the State of Illinois. These eviction notices depend on the duration of the lease and the particular circumstances of the case.
However, these eviction notices can either be with or without cause.
Eviction Notices with Cause
Generally, a landlord cannot evict a tenant without cause in Illinois. And here are the different types of eviction notices with cause in Illinois.
- Five-Day Notice to Pay Rent:
When a tenant fails to pay rent when it is due, the landlord may issue a 5-day eviction notice in Illinois. This informs the tenant to either pay the rent in full within five days or leave the rental property. Once the five-day timeline expires, and the tenant is unable to pay the rent or leave the rental unit, the landlord may initiate an eviction suit against the tenant. 735 Ill. Comp. Stat. § 5/9-201
- Ten-Day Notice to Quit:
A 10-day eviction notice in Illinois is issued when the tenant violates one or more terms in the rental agreement. The tenant has ten days to either remedy the violation or be evicted from the property. The landlord does not need to give the tenant any extra time to remedy the violation – 735 Ill. Comp. Stat. § 5/9-210. However, where the tenant materially affects the health and safety of other persons or the environment, the landlord may issue a 14-day eviction notice – Chicago Municipal Code 5-12-130(b).
- Unconditional Quit Notice:
This eviction notice is mostly used against a tenant who participates in the production, use, or sale of controlled substances within the premises of the rental property. In Illinois, this notice to quit is also known as the 5-day eviction notice, as it gives tenants 5 days to move out of the property. If the tenant does not move out after five days, the landlord may terminate the tenancy and file an eviction lawsuit against the tenant – 740 Ill. Comp. Stat. § 40/11. There’s no opportunity for remedy in this case.
Eviction Notices without Cause:
Here are some examples where eviction notices may be issued without cause:
- Month-to-Month Rental Agreement
Since a month-to-month rental agreement only expires at the indication of either party, the landlord may issue an eviction notice without cause. Here, the landlord will give the tenant a 30-day eviction notice under Illinois law indicating that the lease will no longer be renewed. The tenant will have to move out within 30 days. Illinois Eviction Notice Requirements to Terminate a Month-to-Month Tenancy has more information.
- Fixed-Term Lease
For fixed-term lease agreements, whether six months or one year, the landlord does not need a cause to issue an eviction notice.
The landlord will only need to issue an appropriate eviction notice when the rental agreement is about to come to an end.
However, this is only mandatory where the lease agreement requests for it. If the lease agreement does not require an eviction notice to be served, the landlord can ordinarily expect the tenants to move out at the end of the lease.
If the tenant remains in the rental unit after the lease term has expired, they become a holdover tenant.
The landlord would serve an eviction notice based on their duration of stay. A 60-day eviction notice is required for yearly tenants.
Once the eviction notice expires and the tenant refuses to move out, the landlord may commence an eviction lawsuit against the tenant.
Eviction Process in Illinois
Issuance of Eviction Notice
The eviction process in Illinois starts with serving the tenant an eviction notice that clearly states the reason for eviction. Illinois eviction notice requirements also highlight other key information such as the duration of the notice and the date for the tenant to move out.
Once the eviction notice is prepared, it may be delivered to the tenant through any of the following means:
- Delivery in-person to the tenant
- Delivery via postal service to the tenant’s last known address
- Delivery via email to the address that was initially agreed upon between the landlord and tenant.
Landlords should always keep a receipt/proof of service as it would help during the eviction lawsuit. Proof can be obtained by requesting the signature of the tenant on a separate copy of the notice.
Filing an Eviction Lawsuit
After an eviction notice has been issued, and the tenant fails to leave the rental unit or cure the violation (whichever is applicable), the landlord may proceed with filing an eviction lawsuit.
To file an eviction lawsuit, the landlord must file it at the court with jurisdiction. The matter should be tried at the circuit court where the rental property is situated – 740 Ill. Comp. Stat. § 40/11.
The circuit court usually provides the appropriate forms for filing eviction lawsuits, which must be completed online. Landlords are also expected to pay the prescribed fees for filing which may vary by county. It may range from $104 to $32, depending on the amount being claimed.
When filing an eviction complaint, it must contain the following:
- The specific law under which the complaint is filed
- The facts detailing the reason for seeking recovery of premises
- A reasonably accurate description of the property
- Proof of compliance with the requirements of issuing eviction notices.
Serving the Summons and Complaint
After filing a complaint for recovery of possession, the court will issue a summons to the tenant, with a copy of the complaint attached.
The summons is served by an official of the court, adult, or Sheriff (someone not involved with the case) using any of the following methods:
- Personal Service: The summons is delivered directly or in person to the tenant or left within close proximity if he/she refuses to receive the summons.
- Substituted Service: The summons is delivered to an adult with a reasonable relationship with the tenant e.g. a family member or roommate.
- Agent Service: The summons is left with an authorized agent of the tenant e.g. a parent or guardian
- Courier Service: A commercial courier or delivery service provider may deliver the summons to the tenant’s address.
- Mailing Service: A reputable mail service provider may be used to deliver the summons to the tenant. However, an alternative method may be used should the mailing system fail.
Summons are usually served within three to seven days before the hearing date. They are required to submit proof of service after successfully serving the summons.
Tenants are not required to file an answer to the complaint, and can rather contest the landlord’s claim in court. However, to show that the tenant will participate in the lawsuit, they are required to file an appearance. Both parties can request a jury for the trial.
The tenant must appear in court on the hearing date stated in the summons. Where a tenant fails to make an appearance, the court may enter a default judgment against the tenant.
Court Hearings and Judgment
Eviction hearings in Illinois are usually set between seven to forty days from the date of issuing the summons. During the hearing, both parties will have to prove their claims with strong arguments and evidence.
The burden of proof lies on the landlord. Therefore, he would need to prove his argument using documents such as a copy of the lease agreement, bank statement, proof of service, receipt of any violation or reason for the eviction, witnesses of the violation, etc.
The tenant comes up after the landlord, and must also give evidence that rebuts the landlord’s claims. The tenant may prove that the landlord is acting maliciously with sufficient evidence to back up his/her claims.
Once the court listens to both parties, the judge would either rule in favor of the landlord or the tenant. If the ruling is in favor of the landlord, the tenant will be made to vacate the rental property. However, if the ruling favors the tenant, the tenancy will not be terminated.
Tenant Defenses
A tenant has the right to resist an eviction. Even if a landlord believes that the eviction is reasonable, a tenant may exercise certain defenses in court to resist the eviction. These defenses include:
- Self-Help Eviction: Illinois eviction laws prohibit landlords from forcefully evicting tenants through self-help means such as blocking entry, changing locks, turning off utilities, or any other form of acts intended to frustrate the tenant out of the rental. If the tenant can prove this, it would derail the eviction lawsuit.
- Improper Notice: Where a landlord serves the wrong eviction notice or does not wait long enough before filing the suit, the eviction lawsuit automatically fails. A tenant can use this to his/her advantage by knowing the appropriate eviction notice for his/her tenancy duration.
- Retaliatory Eviction: If a landlord issues an eviction notice where it appears as though it is in retaliation to a tenant’s actions, the tenant may raise a defense stating that the eviction lawsuit is malicious or retaliatory. In Illinois, it’s illegal for a landlord to issue an eviction notice because the tenant reported a housing code violation, joined a tenant’s organization, requested a repair, etc.
- Landlord’s Failure to Maintain Premises: The eviction laws in Illinois require that landlords maintain the rental property in a hospitable condition – Chicago Municipal Code 5-12-110. Where a landlord fails to fulfill this legal duty, a tenant may raise this negligence as a defense against the eviction lawsuit. The tenant may also show proof of using his/her own funds to repair and manage the rental property.
- Full Payment of Rent: Where an eviction notice is based on failure to pay rent, the tenancy will not terminate if the tenant pays the rent in full and before the notice expires. A tenant may use this to resist an eviction where there is no other cause but failure to pay rent. In some instances, the court may permit the tenant to remain on the property if, during the hearing, the rent is paid in full (including arrears).
- Discrimination: Discriminatory evictions are prohibited in Illinois. A tenant may claim and show proof that the eviction is based on discriminatory reasons such as race, religion, gender, family status, or nationality.
- Emergency Situation: An eviction may be delayed if a tenant shows proof that the eviction could cause untold hardship. The court would usually grant a few days for the tenant to find another rental or gather the money to pay the rent. This is quite common, especially in an economic crisis.
- Waiver or Agreement: Where the tenant and landlord have an alternative agreement, it may be raised in court to show that the landlord had waived the eviction. The waiver may be shown by documents showing alternative terms, conduct, or speech constituting the waiver.
Issuing a Writ of Possession
Where the ruling is given in favor of the landlord, the court will terminate the rental agreement and issue a Writ of Possession to the landlord or his attorney.
The writ of possession is to be used to execute the eviction.
However, if the tenant appeals the ruling, the writ of possession will be suspended pending the appeal. The tenant however must ensure that he/she pays rent while the appeal is ongoing.
If the appeal upholds the judgment of the trial court in favor of the landlord, the court will declare the forfeiture of the rental agreement and issue a Writ of Restitution to the landlord or his attorney.
But if the appeal is in favor of the tenant, no writ will be issued.
Executing the Eviction
In cases where the judgment is in favor of the landlord, the writ will be issued on request of the landlord within 120 days of the judgment.
The sheriff would then serve a court order to quit on the tenant’s residence. If the eviction is for illegal reasons, the writ must be executed within seven days. For other evictions, the Sheriff can execute it within seven to fourteen days.
Where the tenant fails to leave after the period specified, the Sheriff may use force as necessary to remove the tenant from the rental unit.
Additionally, the landlord is not required to store the personal property of the tenant left behind. The sheriff may dispose of or sell them as provided by the law. The proceeds from the sale may be converted to offset the rent in arrears. 740 Ill. Comp. Stat. § 40/6.
Once the tenant is removed, the sheriff may change the lock to the property and hand over the key to the landlord.
Eviction Notice by States
Choose the state where your rental property is located:
FAQs
Eviction processes in Illinois can take as long as three weeks to six months, depending on the particular circumstances of the case.
The eviction process in Illinois starts with issuing an eviction notice. This is followed by filing an eviction complaint in the circuit court, and then waiting until the hearing. After the hearing, the eviction ruling is given and is then followed by executing the eviction. Read more on Illinois Eviction Notice Requirements in this guide.
The cost of evicting a tenant in Illinois ranges between $500 to over $1000. This covers the filing fees, eviction execution, and also the cost of legal representation
No. Although you may be able to evict a tenant in Illinois without having an attorney, it is easier and highly recommended to do so through an attorney. If you’re wondering how to file an eviction notice in Illinois, read this guide for a detailed analysis.
An illegal eviction is any eviction method that is prohibited by law. For instance, an eviction based on discrimination, retaliation, or any other arbitrary reason.
Rich is an Entrepreneur, Real Estate Investor, and Lawyer licensed in Texas. He enjoys family, community, and work. He started Landlord Guidance in 2012 to help fellow landlords, and teach them that being fair and ethical with their tenants is the true path to long-term success.
You must be logged in to post a comment.