The Eviction Process in Illinois: Rules for Landlords and Property Managers

A landlord can evict a tenant in Illinois for a variety of reasons. Before beginning the eviction lawsuit, though, the landlord must first terminate the tenancy. The landlord typically does this by giving the tenant a written notice, as required by law. If the tenant doesn't comply with the written notice, the landlord can then file an eviction lawsuit with the court.

Different types of notices and procedures will be needed for different situations. This article explains the rules and procedures landlords must follow when evicting a tenant or ending a tenancy in Illinois. (Note: If your rental is located within the City of Chicago, additional rules might apply.)

Notice for Termination With Cause

A landlord must have a legal reason, or cause, to make a tenant move out of a rental unit before the tenancy term has ended. There are several potential reasons for a landlord to end a tenancy early. The most common reasons have to do with the tenant not paying rent or violating the lease or rental agreement. The landlord can also end a tenancy early if the tenant has used or dealt drugs at the rental unit. Different notices are needed for these different situations.

• 5-Day Notice to Pay Rent: If a tenant fails to pay rent when it is due, the landlord can give the tenant a five-day notice. This notice will inform the tenant that unless the tenant pays rent in full within five days, the landlord will terminate the tenancy and begin eviction proceedings. (735 Ill. Comp. Stat. § 5/9-209.)
• 10-Day Notice to Quit: If a tenant violates any portion of the lease or rental agreement, the landlord can give the tenant a 10-day notice to quit. This notice says that the tenant has 10 days to move out of the rental unit because the tenant violated the lease. The landlord doesn't need to give the tenant any time to correct the violation. If the tenant doesn't move out of the rental unit within 10 days, the landlord can terminate the tenancy and file an eviction lawsuit. (735 Ill. Comp. Stat. § 5/9-210.)
• Unconditional Quit Notice: A landlord can also evict a tenant who uses, possesses, or sells illegal drugs or controlled substances on the premises of the rental unit. In this case, the landlord needs to give the tenant a five-day unconditional quit notice. This notice informs the tenant that the tenant has five days to move out of the rental unit. If the tenant does not move out by the end of the five-day period, then the landlord can terminate the tenancy and file an eviction lawsuit. (740 Ill. Comp. Stat. § 40/11.)

Notice for Termination Without Cause

If a landlord doesn't have cause to terminate a tenancy, the landlord must wait until the end of the lease term before expecting the tenant to move. In some cases, the landlord may still need to give the tenant notice.

Month-to-Month Rental Agreement

If a landlord would like to terminate a month-to-month rental agreement or lease, the landlord will need to give the tenant a 30-day notice. This notice will inform the tenant that the tenancy will expire at the end of 30 days and the tenant must move out of the rental unit by that time. (740 Ill. Comp. Stat. § 5/9-207.)

Fixed-Term Lease

If a tenant has a lease or rental agreement that is for a fixed term, such as six months or one year, and the landlord wants the tenant to move but does not have cause, then the landlord will need to wait until the end of the tenancy before doing anything. The lease or rental agreement might require the landlord to give the tenant written notice to move at the end of the term. However, if the lease or rental agreement doesn't require advance notice, the landlord won't need to give the tenant any notice to move. The landlord can expect the tenant to move at the end of the term, unless the tenant has indicated a desire to stay.

Tenant Eviction Defenses

A tenant always has the option to fight the eviction, even if the landlord thinks the eviction lawsuit is justified. If a tenant does wish to defend against the eviction, then the landlord should expect the lawsuit to take longer than normal. The tenant may have a valid defense, such as the landlord making procedural mistakes during the eviction (for example, improperly serving a notice or not waiting long enough before filing the eviction lawsuit) or the landlord failing to maintain the rental unit according to law.

Removal of the Tenant

It is illegal for a landlord to try to force a tenant to move out of a rental unit. Even if the landlord is successful with the eviction lawsuit, the only person authorized to remove the tenant is a sheriff or constable.

After the tenant moves out of the rental unit, the landlord might find personal property that the tenant left behind. The landlord should take reasonable steps to inform the tenant of the property and give the tenant a reasonable amount of time to claim the property before the landlord disposes of it.

Rationale for the Rules

Landlords must carefully follow all the rules and procedures required by Illinois law when evicting a tenant. Otherwise, the eviction may not be valid. Although these rules and procedures may seem burdensome to the landlord, they are there for a reason. Evictions often occur very quickly, with the end result being that the tenant has lost his or her home. The rules help ensure the eviction is justified and that the tenant has enough time to find a new place to live.