The Illinois eviction notice forms are used to notify a tenant that they may be facing eviction proceedings if they do not comply with the landlord’s request. Landlord can provide notice to require tenant to pay past due rent, to cure a default, or to vacate the premises. If the tenant fails to comply with the notice, Landlord may commence eviction proceedings, called a Forcible Entry and Detainer Action with the Local Circuit Court by filing a Summons and Complaint. The Summons and Complaint must be obtained from the court in which you are filing.
Notices By State
5-Day Notice to Quit (Non-Payment of Rent) – In accordance with 735 ILCS 5/9-209, a landlord may provide written notice that the tenant is behind in his or her rental payment and will have to vacate the premises if the rent is not brought up to date. The landlord must give the tenant five full days to pay.
30-Day Notice to Quit (Month to Month Tenancy) – In accordance with 735 ILCS 5/9-207, a landlord may provide notice to a tenant that he or she does not intend to renew a month – to – month tenancy and that the tenant must vacate by the end of the 30 days.
When is Rent Late?
In Illinois, rent is due on the date agreed to by the tenant and the landlord in the lease. If a tenant is late paying rent, landlord must give written notice to the tenant and the tenant has five days to respond.
How to Evict (Process)
Step 1 – You must first provide one of the following types of written notice to your tenant about the potentiality of eviction depending on whether the tenant hasn’t paid rent, or is in breach of the lease or you wish the tenant move out at the end of the tenancy:
- 5-Day Notice to Quit (Non-Payment of Rent)
- 5-Day Notice to Quit (Unlawful Activity)
- 10-Day Notice to Quit (Non-Compliance)
- 30-Day Notice to Quit (Month to Month Tenancy)
Step 2 – If the tenant fails to respond to the notice by remaining at the premises and continuing to be in breach of the lease, landlord may commence proceedings in the Local Circuit Court. The first step is to file a summons and complaint with the clerk of the court. You will need to have three copies: one for the court, one for yourself and one for the sheriff. The court will have the Summons and Complaint form for you to fill out. Here are samples of the Cook County forms: Complaint, Summons. You will also need a filing fee of $234.
Step 3 – After you have filed the documents with the clerk, you will have to get a copy and deliver them to the sheriff’s department to have them served on the tenant. The Sheriff also charges a fee of $60.
Step 4 – The next step is that the court will schedule a day in court. If the tenant doesn’t show up or the judge finds in your favor, he or she will issue an Order for Possession which will require the tenant to move out by a certain date. If the tenant does not move out, you will have to have the sheriff effect eviction by providing a copy of the Order.