General information, not legal advice. Landlord-tenant rules change, and cities and counties can add their own. Check the current statute and local ordinances, and talk to a licensed attorney before you act.
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The short version
- For unpaid rent, the landlord serves a written demand giving the tenant at least 5 days after service to pay before the lease can be ended.
- For a breach of other lease terms, the landlord may end the lease with a 10-day notice to quit.
- A landlord can end a month-to-month tenancy with 30 days of written notice, or a week-to-week tenancy with 7 days.
- Evictions are filed in the circuit court for the county where the property is located, under the Eviction Act.
- The summons sets a court date, generally one to several weeks after it issues, when the tenant must appear to respond.
Illinois evictions go through the circuit court under the Eviction Act, which is Article IX of the Code of Civil Procedure. The landlord serves a written notice that fits the reason, files if the tenant stays, and the sheriff enforces any eviction order.
Illinois eviction process at a glance
| Rule | Illinois | Law |
|---|---|---|
| Notice for unpaid rent | For unpaid rent, the landlord serves a written demand giving the tenant at least 5 days after service to pay before the lease can be ended. | 735 ILCS 5/9-209 |
| Notice for a lease violation | For a breach of other lease terms, the landlord may end the lease with a 10-day notice to quit. | 735 ILCS 5/9-210 |
| Ending a tenancy without cause | A landlord can end a month-to-month tenancy with 30 days of written notice, or a week-to-week tenancy with 7 days. | 735 ILCS 5/9-207 |
| Where the case is filed | Evictions are filed in the circuit court for the county where the property is located, under the Eviction Act. | Code of Civil Procedure Article IX (Eviction Act), 735 ILCS 5/9 |
| Tenant response time | The summons sets a court date, generally one to several weeks after it issues, when the tenant must appear to respond. | Illinois Supreme Court Rules (eviction summons) |
| Removal after judgment | After an eviction order, only the county sheriff can carry out the removal. | Eviction Act (enforcement of eviction orders) |
| Typical overall timeline | An uncontested case often takes about one to three months from notice to removal, depending on the county's docket and the sheriff's schedule. | Court practice (estimate) |
Notices before an eviction in Illinois
The notice is the foundation of the whole case. It has to fit the reason for ending the tenancy, give the full period the law requires and be delivered in a way the court will accept.
Notice for unpaid rent. For unpaid rent, the landlord serves a written demand giving the tenant at least 5 days after service to pay before the lease can be ended. (735 ILCS 5/9-209)
Notice for a lease violation. For a breach of other lease terms, the landlord may end the lease with a 10-day notice to quit. (735 ILCS 5/9-210)
Ending a tenancy without cause. A landlord can end a month-to-month tenancy with 30 days of written notice, or a week-to-week tenancy with 7 days. (735 ILCS 5/9-207)
Filing the case
If the notice period runs out and the tenant has neither fixed the problem nor moved out, the next step is a court filing. Bring the lease, the notice, proof of how it was delivered and a ledger of what is owed.
Where the case is filed. Evictions are filed in the circuit court for the county where the property is located, under the Eviction Act. (Code of Civil Procedure Article IX (Eviction Act), 735 ILCS 5/9)
Filing costs. Filing fees are generally set by each circuit clerk and vary by county, plus the cost of service and sheriff enforcement. (Circuit clerk fee schedules)
The response and the hearing
Courts look closely at the paperwork. Expect to show the notice, the proof of service and the rent ledger, and to answer any defense the tenant raises.
Tenant response time. The summons sets a court date, generally one to several weeks after it issues, when the tenant must appear to respond. (Illinois Supreme Court Rules (eviction summons))
Judgment and getting possession back
Removal after judgment. After an eviction order, only the county sheriff can carry out the removal. (Eviction Act (enforcement of eviction orders))
What a landlord must not do
Until a court orders otherwise, the tenant keeps the right to live in the home, even after the notice runs out.
Self-help eviction. Landlords should not lock out a tenant or remove belongings without a court order, and some local ordinances, including Chicago's, ban lockouts outright. (Eviction Act and local ordinances)
Recent changes to know about
Recent changes. The Landlord Retaliation Act (Public Act 103-831) replaced the older retaliatory eviction law and added a one year presumption, effective January 1, 2025. (Landlord Retaliation Act (Public Act 103-831))
Recent changes. Public Act 103-224 let landlords send the deposit damage statement by email and allowed lease-specified repair costs, effective January 1, 2024. (Public Act 103-224 (Security Deposit Return Act))
Timeline at a glance
| Step | Typical time | Rule |
|---|---|---|
| Notice period for unpaid rent | 5 days | 735 ILCS 5/9-209 |
| Notice period for a lease violation | 10 days | 735 ILCS 5/9-210 |
| Tenant response after the case is served | Set by the court | Illinois Supreme Court Rules (eviction summons) |
| From judgment to removal | Short waiting period | Eviction Act (enforcement of eviction orders) |
| Whole case, uncontested | A few weeks | Court practice (estimate) |
Real cases often take longer: holidays, a contested hearing or an appeal can add weeks.
Mistakes to avoid
- Demanding more than the rent actually owed in a notice for unpaid rent, for example by adding late fees or utilities.
- Counting the notice period wrong and filing a day too early.
- Taking partial rent after serving a notice without knowing how it affects the case.
- Keeping no proof of service. Write down who delivered the notice, how and when, and keep a copy.
- Trying to speed things up with a lockout, a utility shutoff or by moving belongings out.
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General information, not legal advice.
Verify current law
We last checked these Illinois rules on . Laws change and cities can add their own, so confirm the current text before you rely on it, and talk to a Illinois attorney about your situation.
Laws named on this page
- 735 ILCS 5/9-209
- 735 ILCS 5/9-210
- 735 ILCS 5/9-207
- Code of Civil Procedure Article IX (Eviction Act), 735 ILCS 5/9
- Illinois Supreme Court Rules (eviction summons)
- Eviction Act (enforcement of eviction orders)
- Eviction Act and local ordinances
- Landlord Retaliation Act (Public Act 103-831)
- Public Act 103-224 (Security Deposit Return Act)
Official sources
Illinois forms for this topic
Letters and checklists for this topic
Where landlords trip up.
How much notice does a Illinois landlord give for unpaid rent?
For unpaid rent, the landlord serves a written demand giving the tenant at least 5 days after service to pay before the lease can be ended. Source: 735 ILCS 5/9-209.
How long does a tenant in Illinois have to respond to an eviction case?
The summons sets a court date, generally one to several weeks after it issues, when the tenant must appear to respond. Source: Illinois Supreme Court Rules (eviction summons).
Can a Illinois landlord change the locks instead of going to court?
Landlords should not lock out a tenant or remove belongings without a court order, and some local ordinances, including Chicago's, ban lockouts outright. Source: Eviction Act and local ordinances.
How long does an eviction take in Illinois?
An uncontested case often takes about one to three months from notice to removal, depending on the county's docket and the sheriff's schedule. Source: Court practice (estimate).
Which court hears eviction cases in Illinois?
Evictions are filed in the circuit court for the county where the property is located, under the Eviction Act. Source: Code of Civil Procedure Article IX (Eviction Act), 735 ILCS 5/9.