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Eviction notices in Illinois

Source: 735 ILCS 5/9-209; 5/9-210; 5/9-211; 5/9-120; 5/9-106; 5 ILCS 70/1.11 · Checked against the statute

Unpaid rent
5 days (pay or move out)
Lease violation
10 days (notice to vacate, no right to fix)
Serious or repeat violation
5 days

Illinois eviction notice deadline

Choose the state, the type of notice and the date it was served.

Notice for unpaid rent

Before filing for unpaid rent the landlord must give a written demand stating that the lease will end unless the rent is paid within at least 5 days after service (735 ILCS 5/9-209). If the notice includes the required statement, partial payments that do not total the full amount demanded do not invalidate it: "Only FULL PAYMENT of the rent demanded in this notice will waive the landlord's right to terminate the lease under this notice, unless the landlord agrees in writing to continue the lease in exchange for receiving partial payment."

Can the tenant pay to stop it? The tenant can stop the eviction by paying the full rent demanded within the notice period. Partial payment does not cancel the notice unless the landlord agrees in writing.

Type:
Pay or move out
Notice period:
5 days
Law:
735 ILCS 5/9-209

Notice for a lease violation

For a breach of the lease, state law requires no more than a 10-day written notice to quit (735 ILCS 5/9-210). Statewide, the landlord does not have to let the tenant fix the problem, but the notice must say whether a cure is allowed (Illinois Legal Aid Online). Chicago and suburban Cook County require a cure right (see localRules).

Chance to fix it: State law gives no right to cure; in Chicago and suburban Cook County the tenant may fix the violation within the 10 days.

Type:
Notice to vacate, no right to fix
Notice period:
10 days
Law:
735 ILCS 5/9-210

Serious, repeat or illegal-activity violations

If the unit was used for a felony or Class A misdemeanor, the landlord may void the lease and file if the tenant has not moved out within 5 days after receiving a written notice to vacate (735 ILCS 5/9-120(a), (d)). There is no right to cure criminal activity.

When it applies: The tenant or an occupant used or allowed the unit to be used for a felony or Class A misdemeanor.

Notice period:
5 days
Law:
735 ILCS 5/9-120(d)

How the days are counted

Exclude the first day and include the last; if the last day is a Saturday, Sunday or holiday it is excluded too, and so is any following Saturday, Sunday or holiday (5 ILCS 70/1.11). Illinois Legal Aid Online says a hand-delivered notice is served the day it is handed over; a mailed notice is served when delivered or picked up, or on the date it is refused.

How the notice must be delivered

Hand it to the tenant; leave it with a person 13 or older who lives in or possesses the unit; or send it by certified or registered mail with a return receipt. Posting is allowed only if no one is in actual possession (735 ILCS 5/9-211).

If the tenant doesn't pay, fix it or leave

The landlord files an eviction complaint in the circuit court of the county where the unit is located (735 ILCS 5/9-106). The summons sets a court date at least 7 and no more than 40 days after it is issued (Ill. S. Ct. R. 101(b), as stated on the DuPage County eviction summons). Only the county sheriff can carry out an eviction, and only with a judge's order; landlords may not lock out tenants or cut utilities (Illinois Legal Aid Online).

City and county rules

  • Chicago: Under the Chicago Residential Landlord and Tenant Ordinance, the landlord must let the tenant fix a lease violation within the notice period; this does not apply to criminal activity.
  • Suburban Cook County: Residential Tenant Landlord Ordinance: 5-day notice for unpaid rent (tenant may pay to stay); 10-day notice for other material violations with a right to cure. If the landlord accepts the rent due or does not file within 30 days after the notice, it cannot file on that notice. A tenant may pay rent and certain costs after filing to have the case dismissed, once. Lockouts are banned in every rental unit; the tenant may sue for attorney's fees and damages of twice the actual damages or 2 months' rent, whichever is greater.
  • Evanston: Tenants must be given 30 days' notice for lease violations.

Also good to know

  • A complaint may not name a minor as a defendant; a complaint that does is dismissed and sealed (735 ILCS 5/9-106, eff. Jan. 1, 2026).

Related

Sources

Laws change. This page was checked against the sources above on October 13, 2026. It is legal information, not legal advice; if you have an eviction case, contact your state's legal aid. See our methodology.